Bartels v. State of Iowa Bohning v. State of Ohio Pohl v. Same Nebraska District of Evangelical Lutheran Synod of Missouri, Ohio and Other States v. Kelvie, No. 134

CourtUnited States Supreme Court
Writing for the CourtMcREYNOLDS
Citation262 U.S. 404,67 L.Ed. 1047,43 S.Ct. 628
Docket NumberNo. 182,No. 134,No. 440,No. 181
Decision Date28 November 1922
PartiesBARTELS v. STATE OF IOWA. BOHNING v. STATE OF OHIO. POHL v. SAME. NEBRASKA DISTRICT OF EVANGELICAL LUTHERAN SYNOD OF MISSOURI, OHIO, AND OTHER STATES et al. v. McKELVIE et al. ,

262 U.S. 404
43 S.Ct. 628
67 L.Ed. 1047
BARTELS

v.

STATE OF IOWA.

No. 134.
BOHNING
v.
STATE OF OHIO.
No. 181.
POHL
v.
SAME.
No. 182.

NEBRASKA DISTRICT OF EVANGELICAL LUTHERAN SYNOD OF

MISSOURI, OHIO, AND OTHER STATES et al.

v.
McKELVIE et al.
No. 440.

No. 134, Argued and Submitted Nov. 28, 1922.

Nos. 181, 182, Argued Oct. 10, 1922.
No. 440, Argued Feb. 23, 1923.
Decided June 4, 1923.

No. 134:

Messrs. Frank E. Farwell and Charles E. Pickett, both of Waterloo, Iowa, and I. L. Albert, of Columbus, Neb., for plaintiff in error Bartels.

Mr. Bruce J. Flick, of Des Moines, Iowa, for the State of Iowa.

Nos. 181, 182:

[Argument of Counsel from pages 404-406 intentionally omitted]

Page 406

Messrs. Timothy S. Hogan and Frank Davis, Jr., both of Columbus, Ohio, for plaintiffs in error Bohning and Pohl.

Mr. E. J. Thobaben, of Cleveland, Ohio, for the State of Ohio.

[Argument of Counsel from pages 406-408 intentionally omitted]

Page 408

Messrs. A. F. Mullen, of Omaha, Neb., and C. E. Sandall, of York, Neb., for plaintiffs in error Nebraska Dist. of Evangelical Lutheran Synod and others.

Messrs. Mason Wheeler, of Lincoln, Neb., and O. S. Spillman, of Pierce, Neb., for defendants in error McKelvie and others.

Page 409

Mr. Justice McREYNOLDS delivered the opinion of the Court.

The several judgments entered in these causes by the Supreme Courts of Iowa, Ohio, and Nebraska, respectively, must be reversed upon authority of Meyer v. Nebraska, 262 U. S. 390, 43 Sup. Ct. 625, 67 L. Ed. ——, decided to-day.

No. 134. Plaintiff in error was convicted of teaching pupils in a parochial school below the eighth grade to read German, contrary to 'An act requiring the use of the English language as the medium of instruction in all secular subjects in all schools within the state of Iowa,' approved April 10, 1919 (Acts 1919, c. 198).1 He used English for teaching the common school branches, but taught young pupils to read German. The Supreme Court of the state held:

'The manifest design of this language statute is to supplement the compulsory education law by requiring that the branches enumerated to be taught shall be taught in the English language, and in no other. The evident purpose is that no other language shall be taught in any school, public or private, during the tender years of youth, that is, below the eighth grade.' 191 Iowa, 1060, 181 N. W. 508.

Nos. 181 and 182. Bohning and Pohl, of St. Johns Evangelical Congregational School, Garfield Heights, Cuyahoga county, Ohio, were severally convicted (102

Page 410

Ohio St. 474, 132 N. E. 20) of violating 'An act to supplement section 7762 of the General Code * * * and to repeal section 7729, concerning elementary, private and parochial schools and providing that instruction shall be in the English language' (108 Ohio Laws, 614), approved June 5, 1919,2 which prohibits the teaching of German to pupils below the eighth grade.

No. 440. An injunction is sought against the Governor and Attorney General of the state and the attorney for Platte county to prevent enforcement of 'An act to declare the English language the official language of this state, and to require all official proceedings, records and publications to be in such language and all school branches to be taught in said language in public, private, denominational and parochial schools,' etc., approved April 14,

Page 411

1921 (Laws 1921, c. 61).3 This statute is subject to the same objections as those offered to the act of 1919 and sustained in Meyer v. Nebraska, supra. The purpose of the later enactment as stated by counsel for the state, is 'to place beyond the possibility for legal evasion a prohibition against the teaching in schools of foreign languages to children who have not passed the eighth grade.' The Supreme Court considered the merits of the cause, upheld the statute, and refused an injunction. (Neb.) 187 N. W. 927 (April 19, 1922).

McKelvie and Davis, formerly Governor and Attorney General, no longer occupy those offices. The cause is dismissed as to them. Otto F. Walter is now the coun y attorney and the...

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71 practice notes
  • Akron Board of Ed. v. State Board of Ed. of Ohio, No. 72-2075.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • January 15, 1974
    ...238 F.2d 91 (8th Cir. 1956), Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925), and Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047 (1923), and other cases relied on by the plaintiffs. I agree with the District Court that these decisions are not It wa......
  • Brown v. Hot, Sexy and Safer Productions, Inc., No. 95-1275
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 1, 1995
    ..."statute as applied is arbitrary and without reasonable relation to any end within the competency of the state." Meyer, 262 U.S. at 403, 43 S.Ct. at 628; Pierce, 268 U.S. at 534-36, 45 S.Ct. at 573-74. Indeed, the opinions indicate that something less than the current "compelling state inte......
  • Dennis v. United States, No. 336
    • United States
    • United States Supreme Court
    • June 4, 1951
    ...236 U.S. 273, 35 S.Ct. 383, 59 L.Ed. 573; Meyer v. State of Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042; Bartels v. State of Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; cf. New York ex rel. Bryant v. Zimmerman, 278 U.S. 63, 49 S.Ct. 61, 73 L.Ed. 184. But in recent decisions we ......
  • Sugarman v. Dougall 8212 1222, No. 71
    • United States
    • United States Supreme Court
    • June 25, 1973
    ...268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070, or national, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042; Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; Farrington v. Tokushige, 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646, or racial minorities, Nixon v. Herndon (273 U.......
  • Request a trial to view additional results
71 cases
  • Akron Board of Ed. v. State Board of Ed. of Ohio, No. 72-2075.
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • January 15, 1974
    ...238 F.2d 91 (8th Cir. 1956), Pierce v. Society of Sisters, 268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070 (1925), and Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047 (1923), and other cases relied on by the plaintiffs. I agree with the District Court that these decisions are not It wa......
  • Brown v. Hot, Sexy and Safer Productions, Inc., No. 95-1275
    • United States
    • United States Courts of Appeals. United States Court of Appeals (1st Circuit)
    • August 1, 1995
    ..."statute as applied is arbitrary and without reasonable relation to any end within the competency of the state." Meyer, 262 U.S. at 403, 43 S.Ct. at 628; Pierce, 268 U.S. at 534-36, 45 S.Ct. at 573-74. Indeed, the opinions indicate that something less than the current "compelling state inte......
  • Dennis v. United States, No. 336
    • United States
    • United States Supreme Court
    • June 4, 1951
    ...236 U.S. 273, 35 S.Ct. 383, 59 L.Ed. 573; Meyer v. State of Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042; Bartels v. State of Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; cf. New York ex rel. Bryant v. Zimmerman, 278 U.S. 63, 49 S.Ct. 61, 73 L.Ed. 184. But in recent decisions we ......
  • Sugarman v. Dougall 8212 1222, No. 71
    • United States
    • United States Supreme Court
    • June 25, 1973
    ...268 U.S. 510, 45 S.Ct. 571, 69 L.Ed. 1070, or national, Meyer v. Nebraska, 262 U.S. 390, 43 S.Ct. 625, 67 L.Ed. 1042; Bartels v. Iowa, 262 U.S. 404, 43 S.Ct. 628, 67 L.Ed. 1047; Farrington v. Tokushige, 273 U.S. 284, 47 S.Ct. 406, 71 L.Ed. 646, or racial minorities, Nixon v. Herndon (273 U.......
  • Request a trial to view additional results

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