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SHELTON COLLEGE May a state college or school to ekifit unless it with state requirements and repugnant tQ tfiat educational i sponsoring religious body? * Shelton College Case'

More than a Mote • j

In Church-State Law

by Dttrrcll Kopp

Is Cape'Miy's sandy soil conducive to the growth of a major First Amendment Constitutional battle? Yes, according to one authority. Why 0 Because Shelton College has chosen to sink its roots

there

Shelton College 0 That little wisp of a school operating out of the Christian Admiral Hotel, "Carl Mclntirp's col ' lege '' with well under 100 students and a mere handful of C*n the roots Of that tiny tree, barest clinging to the edge of the Atlantic, really penetrate and possibly fissure the concrete edifice of Constitutional Law 0 This past Monday! attorneys for Shelton and for the State of New Jersey were scheduled to present oral . arguments before the NJ State Supreme Cobrt on whether .Shelton must be licensed by the state in order, to operate as a Ifhcral arts College and grant th; B. A. degree This only the latest round in years-old, litigation that has seen the Shelton case in and out of state and federal courts, with both sides sharing gains and setbacks along thfe way. s WHAT IS AT STAKE IN THE FINAL OUTCOME? Educator and writer Russell Kirk, in the winter 1981 issue of Duke University Law School's Low ood Contem [Unary Problem*, stresses several important’facets and ramifications of the Shelton case, not the least at which is the pun ly I (institutional: ."This interesting case is in-, timately connected with the developing law of chiirchv state contacts The principal issue in the Shelton College case is this how far may state agencies regulate ‘pervasively religious' educational institutions? May a state forbid a college or School to ekist unless it complies with stattv requirements and regulations repugnant to that educational institution's sponsoring religious body?' Clearly', more is at stake than the fate of one small college Certain Christian (and other) groups have long considered the. religious direction of theif children's education an integral part of their religious calling Roman Catholics have traditionally sjionsored schools from the 'elementary level through graduate university studies. Evangelical Protestant day schools are currently among the fastest growing segments of Athericah education (with very few suffering any charges of racial prejudice in their founding) Locally,' several Christian day,schools have been established in Cape May County in recent years The local Catholic school system has been in place much longer than that Does the hhelton case bear on even THESE? Kirk Suggests that the disposition of this and several related cases is of potential import toiall religious educational institutions In America. Why does Shelton refuse to acquire a state license? Entanglement, says Kirk fear that entanglement is one area will lead to encroachment in all others The college's directors and its sponsor, the Bible Presbyterian Church, "fear" “with reason" Kirt asserts — that licensing will ’ ultimately result in "state cqntrol over the college " "The State of New Jersey." he concludes, "has probably the strictest statutes regulating ’private' or ‘independent’ colleges of>any state in the Union" ' r Kirk traces*some of Shelton's difficulties to causes less elevated than those pertaining exclusively to compelling .state interest and educational purity. For orte thing, he points to the outspoken demeanor of Shelton S ate College Chancellor Carl Mclntire and the enemies Mcfntire has acquired oyer a long public life. Forfinother. Kirk asserts that .' educational bureaucrats, dismayed jit the rapid increase of enrollments in Christian schools, ihile public school enrollments tend to decline have b stake in discouraging religious schools'' THE LATTER POINTS TO WHAT KIRK Sees as the <rux of the matter, the Constitutional right of those involved at Shelton to the free exercise of their teligion and the outworking of their religious principles "What mischief." Kirk asks, "is supposed to'be worked by a half-dozen Bible Christian teachers, and a handful of earnest Bible Presbyterian boys and girls, that the state of New Jersey must pursue its compelling interest' in their defeat and dispersal 0 " y Presumably, this is one question that will b e addressed in some measure, when the State's highest c< urt rules on the basis of Monday's arguments In the meantime. Shelton can perhaps console itself with this )it of Kirk's commentary , In fad. Shelton is not very different from hr Harvard or Yale of an earlier time, certainly Sheffbn conforms to the familiar pattjrn-of the church-related denominational college in America, with its ministerial guidance and its rural setting Shelton may he old fangled. buf Shelton is no fraud i> has the limitations and the virtues >/ it* educa tional Ivpe

The State We're In . Water Under Pinelands Needs Clean Air Abofe Despite pollster's reports that 80% of the AmeHcan.people want.it preserved; the Clean Air Act is the subject of ongoing legislative arguments in Washington. These are not merely drawn along political lines. A lot of legislators know that further deterioration of our environment is unnecessary and criminal. On the books since J970, the law will remain in effect only until it is, either renewed, repealed or otherwise reshaped by Congress. That’s where the fight has erupted, because the law "sunsets” in 1982. The Reagan administration favors a new version which one might think was crafted by lobbyists for industries which went to cir-. cumvent efforts on behalf of our air quality. Luckily, many elected representatives want to keep or even strengthen' the existing, law. Many veYsions from both sides of the fence have been entered in Congress. The ultimate outcome remains firmly in doubt, so it behooves everyone to express his or her feelings to the appropriate Congress person. JUT THE MOMENT. THE DIRTY AIR BILL is HR-5252, Sponsored by Rep. John Dingell of Michigan. And life "clean" Cleap-Air Bill is HR 5555. sponsored by California Rep Henry Waxmlm. The latter measure does lots of the things that need to be done to make the Clean Air Act more efficient. It keeps the health-based standards now in

force.

The Sierra Club has urged constituents.of the 89 sponsors of House Resolution 252 to thank them personally by letter or postcard. HR-525 is the Commitment to Clean Air Resolution of the 97th Congress. Ten New Jersey representatives are listed as sponsors; James Florio, Millicent Fenwick, Harold Hollenbeck, Peter Rodino, Joseph-Minish, Matthew Rinaldo, James Courier, Frank Gufftrini. Robert Roe and James Howard. The dollars which industries can save by getting out from under cleah dir requirements are microsippic in comparison with the money already saved by me law, much less that which stands to be saved. Suchwtoney wQiffd have been lost through illness and funeral exj ponses, physical damage to property and > diverse agricultural damages. *' FOR NEW JERSEY. THIS IS CRITICALLY IMPORTANT. Because prevailing air currents move from West to East, this state is in direct line for whatever nastiness is airborne from the rest of the country. I'm ddeply gratified that our raw Commissioner of En- ■ vironmentalProtection, Robert E. Hughey, has conre out firmly for coherent national controls on air pollution. With anything lessjit would be bitterly ironic for New Jersey, with probably the best set of air regulations in the nation, !o be smitten with incoming junk while exporting our higher-quality air into Nef\v York and New England. „ (Page 31 Please)

Fireside Soliloquy By Mrs. Herbert Francis Campbell Lighting our fireplace is, to me, a lot of fun Long before I’m warmed by the soothing heat; there's cheer and comfort from gazing into the flickering little banners of flame beginning to wave around the kindling and logs. Staring at the piece of dry oak in there,. I sounder my breath; Your bark patterns are beautiful why did such a precious big tree die? (We won’t buy green wood. It doesn’t bum well, and we will have no part in encouraging wood cutters to fell a living, beautiful tree.) My conversation with the log continues; You could tell me a lot if only you could speak my language. You never could, though in Summer your murmuring leaves had words of their own muclf more beautiful than mine. You might even have been able to tell me about that wonderful night, cold and whltrfrom two inches of snowfall, when you played host to the majestic Snowy Owl that had flown tpii far South and come to rest in your stout branched I've heard that once in a blue moon one does visHmere, but only briefly. Then I get silly andd say (as if I’m talking to the owl); Why woA't yoU'stay around longer, you beautiful thing! Or have you heard some place what Mark Twain said. "Fish and company stink after three daysl” But my reverie is interrupted by the cheering cracklin of the shavings and chips that started my fire. Soon, though. I’m back to my day-dreaming. The log is red hot on onb side now. It’s giving me the heat the sun gave it when the tree stood straight and tall and proud in the forest. It’s (thanks tc my imagination that works over-time) telling me all about the huckleberry bushes that made a scarlet carpet beneath it. It’s asking me-if I ever saw a whip-poor-will shoe. (Yes, I have, and they’re a delicious pink tint and a cousin of the more widely-known, hothouse orchids. Jt’s telling me of one great ice storm it had to withstand, when the crystal mantle was so heavy it bent even this tough oak's branches to the ground! (I know! I remember. I saw that happen that time to "The Big Oak" in Petersburg. And the whole town marveled, for it was thought, till then, that though willows and bir‘ches bend under the weight of snow and ice — not an oak 1 But it did. This log in the fireplace is a fine, early morning companion Oh, it’s red almost all the Way around now! Of course I do know it’s the match I struck that's doing it, but I prefer to believe if is alight with joy to have come to our home where it's not just a "hunk o’ wood" but a reminder of sweet memories and where it's basking in inv i.uly warm appreciation. ,\h.. Campbell is an Ocean View fesident

reader's forum As A Nation, We’ve Lost Heads i by Aruor Murray Appell \ Thanks for a literal mte*pretation: "Do unto ourselves" (Herald: 24-FEB-’82). I hope that the significance pointed out in your concluding sentence is well taken by,any thoughtful readers (who seem, by the way, to be mysteriously silent in the shadows and the shades!)' ' • . Because of its power over#|iuman lives, the centralized bureaucrat-state produced here in the U.S.A. during the past some forty years, a totally different society has succeeded the sturdy republican (not the party!) one . previous, from WW II all the way back to this nation's founding. '• ONE CANNOT BE SURE Of course, but it seems to me that the servile state we are now in will be extremely difficult to correct; certainly, impossible, if both House and Senate prove themselves purely sycophantic \ rather than statesmanlike. The growth of "arbitrary power" in the name of the welfare state is no more virtuous than if applied to the republic, as founded. The philosopher sees it all "as the pot calling the ket(le black." What has happened; as a Nation, we have lost our heads; we have regress rather than progress (just as I have aveered in letter concerning conditions on Sea Isle life). We hve a decline of personal liberty and economic security based upon a stury yeoman-like republicanism (again, I am not referring to the party) Who can doubt that the U S.A. we are steadilyreaching the point wherapy too many families and individuals are constrained by law to exist for the advantage of other families and individuals. As history proves, this destroys a Republic and brings in the true Servile State' 1 Arthur Kftirray Appell is a resident of 56th St., Sea Isle City. \ Critne Victims Get Short End V by James R. Hurley If a buriglar epters your home and you use a weapon ,Ig stop him^ydu could face a longer jail term than the intruder. It may seem hard to believe, but it is true. Under New Jersey law, a resident who uses unnecessary deadly force in defending his home could be locked up for a longer time than the burglar who violates his home. And the law places stringent restrictions on when deadly force is justified. It is time to stop the victim from becoming the criminal. I have introduced legislation that would protect residents who are just trying to protest themselves. AN INCIDENT IN Vineland in 1980 illustrates the importance of closing this loophole in the law. Manuel MArin, the victim of three prior robberies, returned home one night to find two intruders in his home. Marin said he ordered the two to stop, and when they didn't, te attempted to shoot the tires of their car as they fled. Under New Jersey’s three-year-old criminal code, a residents justified in using deadly force on an intruder in his home only if he or his family's safety has been threatened or anything short of deadly force would expose the resident io "substantial danger of serious bodily harm." THIS LAW WRONGLY PLACES THE BURDEN of proof on the victim, rather than the criminal. My bill, which is patterned after a Pennsylvania law, would correct this flaw. A homeowner would not have to wait to use deadly force until there is no doubt his life is in jeopardy. It would justify a homeowner using a weapon to stop an intruder who illegally entered his home if he has reason to believe that deadly force is the only way to get the intruder to leave. Shooting a robber in the back as he flees a home would not and should not be justified. My bill would give homeowilers just enough additional protection to repel dangerous intruders and should be acted on quickly by the Legislature. Jami^Ahirlcy of Millville, is minority whip of the State Semite. ■'

CAPB MAY couwrrv

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John H. Andrus II William J. AdamsBonnie Reina Darrell Kopp

Editor Advertising Director General Manager Publisher

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