Tuesday, August 9, 2011

"All Were Infested With Ideas and Cooties."

Murrow Indian Orphans Home v. Childers, 171 P.2d 600 (Okla. 1946)

The dissenting opinion by Judge Riley chronicles the sad history of the State of Oklahoma, the country, and indeed the world, meandering through the Norman Conquest, the arraignment of Ben Johnson, Henry VII, Roger Williams, the Constitutional Convention, and ending with the day the judge's father, a Baptist from Alabama, became a passenger on the first train to enter Ft. Worth, Texas.

The opening paragraph is hard to forget (and I've tried):

It is said a new idea is painful, even to the intelligentsia, so I shall deal only with tragedies of history, also sometimes voluminous and burdensome. Union of church and state is often productive of religious strife, persecutions, and so, horrible to freedom. The reason for dealing with this aspect of history is that some say it can't happen here. The men who are Justices of the Supreme Court constitute the personnel of an instrumentality of government; they are expendable and so they may not be here if it does happen. The instrumentality and the free government, like Tennyson's brook, must go on forever. I shall not assume the role of a prophet, for I know only the brief epilogue of the state that is Oklahoma. All of this I saw and a part of it I was. At that juncture in the state's history when first the young manhood of it went forth in an effort to save, and did for a time, with the aid of others, save civilization - some of them to return covered with glory for their achievement as at the present time, but all were infested with ideas and cooties. Nevertheless these returned soldiers sought to solve in the Western state and in officialdom the unemployment problem and to build here their homes.

Seldom will a Supreme Court Justice mention "cooties." The issue was the Constitutionality of State payments to institutions for care of orphan children, and the court held that the law was valid.

This is one of those opinions that's hard to summarize; you just have to read for yourself.

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