pierce society sisters holy names jesus argued decided june willis moore salem appellants wm guthrie new york city appellee kavanaugh portland appellee society sisters holy names jesus mary george chamberlain portland albert putney washington appellant pierce john veatch portland appellee hill military academy justice mcreynolds delivered opinion appeals decrees based upon undenied allegations granted preliminary orders restraining appellants threatening attempting enforce compulsory education adopted november laws initiative provision constitution voters oregon judicial code comp present points law controverted questions fact rights said guaranteed federal constitution specially set appropriate prayers asked protection challenged act effective september requires every parent guardian person control charge custody child years send public school period time public school shall held current year district child resides failure declared misdemeanor specially important children normal completed eighth grade whose parents private teachers reside considerable distances public school hold special permits county superintendent manifest purpose compel general attendance public schools normal children completed eight grade without doubt enforcement statute seriously impair perhaps destroy profitable features appellees business greatly diminish value property appellee society sisters oregon corporation organized power care orphans educate instruct youth establish maintain academies schools acquire necessary real personal property long devoted property effort secular religious education care children acquired valuable good many parents guardians conducts interdependent primary high schools junior colleges maintains orphanages custody control children primary schools many children ages taught subjects usually pursued oregon public schools first eight years systematic religious instruction moral training according tenets roman catholic church also regularly provided courses study temporal religious contemplate continuity training appellee charge primary schools essential system profitable owns valuable buildings especially constructed equipped school purposes business annual income primary schools exceeds successful conduct requires long time contracts teachers parents compulsory education act already caused withdrawal schools children otherwise continue income steadily declined appellants public officers proclaimed purpose strictly enforce statute setting facts society bill alleges enactment conflicts right parents choose schools children receive appropriate mental religious training right child influence parents choice school right schools teachers therein engage useful business profession accordingly repugnant constitution void unless enforcement lthe measure enjoined corporation business property suffer irreparable injury appellee hill military academy private corporation organized laws oregon engaged owning operating conducting profit elementary college preparatory military training school boys ages years average attendance annual fees received student amount elementary department divided eight grades public schools college preparatory department four grades similar public high schools courses study conform requirements state board education military instruction training also given supervision army officer owns considerable real personal property useful school purposes business incident good valuable order conduct affairs long time contracts must made supplies equipment teachers pupils appellants law officers state county publicly announced act november valid declared intention enforce reason statute threat enforcement appellee business destroyed property depreciated parents guardians refusing make contracts future instruction sons withdrawn academy bill foregoing facts alleges challenged act contravenes corporation rights guaranteed fourteenth amendment unless appellants restrained proclaiming validity threatening enforce irreparable injury result prayer appropriate injunction answer interposed either cause proper notices heard three judges judicial code comp motions preliminary injunctions upon specifically alleged facts ruled fourteenth amendment guaranteed appellees deprivation property without due process law consequent upon unlawful interference appellants free choice patrons present prospective declared right conduct schools property parents guardians part liberty might direct education children selecting reputable teachers places also appellees schools unfit harmful public enforcement challenged statute unlawfully deprive patronage thereby destroy appellees business property finally threats enforce act continue cause irreparable injury suits premature question raised concerning power state reasonably regulate schools inspect supervise examine teachers pupils require children proper age attend school teachers shall good moral character patriotic disposition certain studies plainly essential good citizenship must taught nothing taught manifestly inimical public welfare inevitable practical result enforcing act consideration destruction appellees primary schools perhaps private primary schools normal children within state oregon appellees engaged kind undertaking inherently harmful long regarded useful meritorious certainly nothing present records indicate failed discharge obligations patrons students state peculiar circumstances present emergencies demand extraordinary measures relative primary education doctrine meyer nebraska think entirely plain act unreasonably interferes liberty parents guardians direct upbringing education children control often heretofore pointed rights guaranteed constitution may abridged legislation reasonable relation purpose within competency state fundamental theory liberty upon governments union repose excludes general power state standardize children forcing accept instruction public teachers child mere creature state nurture direct destiny right coupled high duty recognize prepare additional obligations appellees corporations therefore said claim liberty fourteenth amendment guarantees accepted proper sense true northwestern life ins riggs ann cas western turf association greenberg business property claim protection threatened destruction unwarranted compulsion appellants exercising present prospective patrons schools gone far protect loss threatened action truax raich ann cas truax corrigan terrace thompson courts state construed act must determine meaning evidently expected general application construed though merely intended amend charters certain private corporations berea college kentucky argument favor view advanced generally entirely true urged counsel person business interest possible customers enable restrain exercise proper power state upon ground de prived patronage injunctions sought exercise proper power appellees asked protection arbitrary unreasonable unlawful interference patrons consequent destruction business property interest clear immediate within rule approved truax raich truax corrigan terrace thompson supra many cases injunctions issued protect business enterprises interference freedom patrons customers hitchman coal coke mitchell ann cas duplex printing press deering american steel foundries central trades council nebraska district mckelvie truax corrigan supra cases cited suits premature injury appellees present real mere possibility remote future relief possible prior effective date act injury become irreparable prevention impending injury unlawful action function courts equity decrees affirmed footnotes enacted people state oregon section section oregon laws hereby amended read follows sec children ages eight sixteen parent guardian person state oregon control charge custody child age sixteen years age eight years commencement term public school district said child resides shall fail neglect refuse send child public school period time public school shall held current year said district shall guilty misdemeanor day failure send child public school shall constitute separate offense provided following cases children shall required attend public schools children physically child abnormal subnormal physically unable attend school children completed eighth child completed eighth grade accordance provisions state course study distance ages eight ten years inclusive whose place residence one miles children ten years age whose place residence three miles nearest traveled road public school provided however transportation school furnished school district exemption shall apply private child taught like period time parent private teacher subjects usually taught first eight years public school child taught parent private teacher parent private teacher must receive written permission county superintendent permission shall extend longer end current school year child must report county school superintendent person designated least every three months take examination work covered examination county superintendent shall determine child properly taught county superintendent shall order parent guardian person send child public school remainder school year parent guardian person control charge custody child ages eight sixteen years shall fail comply provision section shall guilty misdemeanor shall conviction thereof subject fine less imprisonment county jail less two thirty days fine imprisonment discretion act shall take effect remain force first day september