(B) STATUTES of the States AND TERRITORIES. Alabama. Louisiana-Continued. 1908 Acts, No. 54, §§ 1, 552 75 552 552 § 157 No. 55, § 1. 1910 Acts, No. 26, § 1. §§ 9141, 9149, 9154, 9163, 9166... 552 Title 59, cc. 6, 8... 552 Delaware. District of Columbia. §§ 11-301, 11-305.. 731 Workmen's Compensa tion Act, §1........ 469 Florida. 75,731 469 Gen. Stat., 1946 Supp., § 9155 552 Rev. Stat., 1869, §§ 2704, 2707... 552 1933 Laws, c. 16088.... 552 Idaho. Flack Ann. Code, 1939, 610 Massachusetts. 1915 Sess. Laws, c. 10.. 552 552 Declaration of Rights.. 258 Constitution, 1924, Art. 552 Missouri. c. 70, §§ 1, 2...... 622 Personal Injuries Act.. 622 Workmen's Compensa tion Act, §§ 3, 5..... 622 552 1919 Laws, c. 190, § 6.. 552 Rev. Stat., 1943, §81 108 New Jersey. 552 1898 Laws, c. 31...... 552 Rev. Laws, 1847, Title 1 552 1 1 CASES ADJUDGED IN THE. SUPREME COURT OF THE UNITED STATES AT OCTOBER TERM, 1946. EVERSON v. BOARD OF EDUCATION OF THE TOWNSHIP OF EWING ET AL. APPEAL FROM THE COURT OF ERRORS AND APPEALS OF NEW JERSEY. No. 52. Argued November 20, 1946-Decided February 10, 1947. Pursuant to a New Jersey statute authorizing district boards of education to make rules and contracts for the transportation of children to and from schools other than private schools operated for profit, a board of education by resolution authorized the reimbursement of parents for fares paid for the transportation by public carrier of children attending public and Catholic schools. The Catholic schools operated under the superintendency of a Catholic priest and, in addition to secular education, gave religious instruction in the Catholic Faith. A district taxpayer challenged the validity under the Federal Constitution of the statute and resolution, so far as they authorized reimbursement to parents for the transportation of children attending sectarian schools. No question was raised as to whether the exclusion of private schools operated for profit denied equal protection of the laws; nor did the record show that there were any children in the district who attended, or would have attended but for the cost of transportation, any, but public or Catholic schools. Held: 1. The expenditure of tax-raised funds thus authorized was for a public purpose, and did not violate the due process clause of the Fourteenth Amendment. Pp. 5-8. 2. The statute and resolution did not violate the provision of the First Amendment (made applicable to the states by the Fourteenth Amendment) prohibiting any "law respecting an establishment of religion." Pp. 8-18. 133 N. J. L. 350, 44 A. 2d 333, affirmed. In a suit by a taxpayer, the New Jersey Supreme Court held that the state legislature was without power under the state constitution to authorize reimbursement to parents of bus fares paid for transporting their children to schools other than public schools. 132 N. J. L. 98, 39 A. 2d 75. The New Jersey Court of Errors and Appeals reversed, holding that neither the statute nor a resolution passed pursuant to it violated the state constitution or the provisions of the Federal Constitution in issue. 133 N. J. L. 350, 44 A. 2d 333. On appeal of the federal questions to this Court, affirmed, p. 18. Edward R. Burke and E. Hilton Jackson argued the cause for appellant. With Mr. Burke on the brief were Challen B. Ellis, W. D. Jamieson and Kahl K. Spriggs. William H. Speer argued the cause for appellees. With him on the brief were Porter R. Chandler and Roger R. Clisham. Briefs of amici curiae in support of appellant were filed by E. Hilton Jackson for the General Conference of Seventh-Day Adventists et al.; by Harry V. Osborne, Kenneth W. Greenawalt and Whitney N. Seymour for the American Civil Liberties Union; and by Milton T. Lasher for the State Council of the Junior Order of United American Mechanics of New Jersey. Briefs of amici curiae in support of appellees were filed by George F. Barrett, Attorney General of Illinois, William C. Wines, Assistant.Attorney General of Illinois, and James A. Emmert, Attorney General of Indiana, for the States of Illinois and Indiana; by Fred S. LeBlanc, Attorney General, for the State of Louisiana; by Clarence A. Barnes, Attorney General, for the Commonwealth of Massachusetts; by Edmund E. Shepherd, Solicitor General, and Daniel J. O'Hara, Assistant Attorney General, for the |