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Oregon Measure Nos. 314-315, Require Children to Attend Public School Initiative (1922)
| Oregon Measure Nos. 314-315 | |
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| Election date |
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| Topic Education |
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| Status |
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| Type Initiated state statute |
Origin |
Oregon Measure Nos. 314-315 was on the ballot as an initiated state statute in Oregon on November 7, 1922. Voters approved the ballot measure. The U.S. Supreme Court ruled the measure was unconstitutional on June 1, 1925.
A "yes" vote supported requiring children between eight and sixteen to attend a public school, with exceptions. |
A "no" vote opposed requiring children between eight and sixteen to attend a public school, with exceptions. |
Aftermath
Pierce v. Society of Sisters
The U.S. Supreme Court ruled that Measure Nos. 314-315 violated the U.S. Constitution on June 1, 1925. The unanimous decision held that, "The child is not the mere creature of the State. ...The fundamental theory of liberty upon which all governments of this Union rest excludes any general power of the State to standardize its children by forcing them to accept instruction from public teachers only."[1]
Election results
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Oregon Measure Nos. 314-315 |
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| Result | Votes | Percentage | ||
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115,506 | 52.70% | ||
| No | 103,685 | 47.30% | ||
Text of measure
Ballot title
The ballot title for Measure Nos. 314-315 was as follows:
| “ | Initiated by Ira B. Sturges, Baker, Oregon; Dr. Robert C. Ellsworth, Pendleton, Oregon; Harold Baldwin, Prineville, Oregon; W. B. Daggett, Redmond, Oregon; Lewis II. Irving, Madras, Oregon; Collin E. Davis, The Dalles, Oregon; Leslie G. Johnson, Marshfield, Oregon; C. A. Swope, Grants Pass, Oregon; W. F. Harris, Itoseburg, Oregon; John R. Penland, Albany, Oregon; J. R. Jeffery, Seaside, Oregon; F. C. Holibaugh, St. Helens, Oregon; O. O. Hodson, McMinnville, Oregon; E. L. Johnson, Hillsboro, Oregon—COMPULSORY EDUCATION BILL—Purpose: Requiring any parent, guardian or other person having control, charge or custody of a child over eight and under sixteen years of age, from and after September 1, 1926, to send such child to a public school during the entire school year, excepting: (a) children physically unable; (b) children who have completed the eighth grade; (c) children between the ages of eight and ten living more than one and one-half miles, and children over ten years of age living more than three miles from a public school, except when transportation is furnished; (d) children taught by parent or private teacher. | ” |
Full Text
The full text of this measure is available here.
The ballot measure added Section 5259 to Oregon Laws. The following underlined text was added:[2]
Sec. 5259. Children Between the Ages of Eight and Sixteen Years — Any parent, guardian or other person in the State of Oregon, having control or charge or custody of a child under the age of sixteen years and of the age of eight years or over at the commencement of a term of public school of the district in which said child resides, who shall fail or neglect or refuse to send such child to a public school for the period of time a public school shall be held during the current year in said district, shall be guilty of a misdemeanor and each day's failure to send such child to a public school shall constitute a separate offense; provided, that in the following cases, children shall not be required to attend public schools: (a) Children Physically Unable — Any child who is abnormal, subnormal or physically unable to attend school. (b) Children Who Have Completed the Eighth Grade — Any child who has completed the eighth grade, in accordance with the provisions of the state course of study. (c) Distance from school — Children between the ages of eight and ten years, inclusive, whose place of residence is more than one and one-half miles, and children over ten years of age whose place of residence is more than three miles, by the nearest traveled road, from a public school; provided, however, that if transportation to and Page 531 from school is furnished by the school district, this exemption shall not apply. If any parent, guardian or other person having control or charge or custody of any child between the ages of eight and sixteen years, shall fail to comply with any provision of this section, he shall be guilty of a misdemeanor, and shall, on conviction thereof, be subject to a fine of not less than $5, nor more than $100, or to imprisonment in the county jail not less than two nor more than thirty days, or by both such fine and imprisonment in the discretion of the court. This Act shall take effect and be and remain in force from and after the first day of September, 1926. |
Path to the ballot
The number of signatures required for an initiated state statute was equal to 8% of the total votes cast in the last Supreme Court justice election.
See also
External links
Footnotes
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State of Oregon Salem (capital) |
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