Lowrey v. Territory of Hawaii
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY .OF HAWAII. The facts are stated in the opinion. It is law of this case that the terms of the agreement require the inculcation of general learning and knowledge accompanied with religious instruction in accordance with the confession of faith submitted to the Hawaiiañ government, Lowrey v. Hawaii, 206 U. S. 206, and it is as much a breach to fail to teach doctrine as to teach religion.
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY .OF HAWAII. The facts are stated in the opinion. It is law of this case that the terms of the agreement require the inculcation of general learning and knowledge accompanied with religious instruction in accordance with the confession of faith submitted to the Hawaiiañ government, Lowrey v. Hawaii, 206 U. S. 206, and it is as much a breach to fail to teach doctrine as to teach religion. The condition for religious teaching is unchanging, definite and absolute to-day. No waiver or statute of limitation bars the action. A trust of this kind for…
1Opinion of the CourtJustice McKenna
delivered'the opinion of the court.
This is the second appeal in this cas§. The first appeal was from a judgment in favor of the Territory, entered upon demurrer to the complaint, which judgment was reversed. Lowrey v. Hawaii, 206 U. S. 206.
The action is-for the sum of $15,000, which the Hawaiian government reserved the right to pay, instead of deeding back certain lands conveyed to it by the American Board of Commissioners of Foreign Missions in 1849. The'facts as alleged in the complaint are set out with considerable fullness in the report of the case on the first appeal and need not be…
2Cases cited4 opinions
- Oliver v. PiattSupreme Court of the United States · 1845
- Lowrey v. HawaiiSupreme Court of the United States · 1907
- Trustees of Union College v. City of New YorkNew York Court of Appeals · 1903
- Lowrey v. TerritoryHawaii Supreme Court · 1908
3Cited by6 opinions
- Haliday v. HalidayCourt of Appeals for the D.C. Circuit · 1926
- Sohbu Guam Development Co. v. PaltingSuperior Court of Guam · 1979
- First Christian Church of Vera v. SpinksCourt of Appeals of Texas · 1924
- Berger v. City of SeattleCourt of Appeals for the Ninth Circuit · 2008
- First Christian Church of Vera v. SpinksCourt of Appeals of Texas · 1924
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