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Bulletin #169 1055 PITTSBURGH CCURT BANS FUBLIC PAYHENTS TO RELIGICUS ORPHANAGES Public funds can no longer be used for the maintenance of delinquent, neglected and dependent. children in sectarian institutions, a Pittsburgh Court of Common Pleasj has ruled. The Pennsylvania Constitution bars appropriations to any denominational or sec. tarian institution, but, in l933, the State Legislature adopted a law directing county authorities to place children, "as far as possible, under the care, guidance? and control of persons having the same religious beliefs as the parents of the chil.. dren or with some association, institution or society which is controlled by persons of such religious belief. The law also directed that expenses for such care be paid by either the city or county. than $25o,000 from Allegheny County in 1953. It was brought out at the trial that? there were no public institutions in Alleghery County for the care of dependent, children, nor ary private institutions not affiliated with church groups:: Recognizing the difficulty in making an inmediate switch to publicly-operated facilities, Judge A. Marshall Thompson held that,. "It may require some. period of.time. to provide for the maintenance of these children in private homes or in'some suitable institutions that are not sectariane..a period of time in which to make the.adjustment should be .provided before a final decree becomes effective.". Judge Thompson relied on several previous cases of the Pennsylvania Supreme Co reaffirming the constitutional separation of church and state even where the legis- The State Attorney General and the County Solicitor appeared in defense. They not gifts or appropriations to the institutions involved, but payments for specificy and imperative language of the State Supreme Court in previous cases.: The American Civil Liberties Union has criticized the disbarment of Leo Shein incrimination. Sheiner, whose case is now awaiting decision in the Florida Surreme Court, first. invoked the Fifth Amendment when he was called to testify before a Senate Interral against him in the Florida court because of his stand, he' again raised the privilege. Speaking for the Aclu, executive director Patrick Murphy Malin declared that no. inference can properly be drawn from the exercise of the privilege against self! incrimination. as the guilty." In asserting that the use of the Fifth Amendrent itself should never be the sol munist activity or association. The AcLu added that even if membership in the Comm proved that the membership had resulted in the lawyer performing acts inconsistent. with his professional duties. Malin commented that tno witnesses had testified against Sheiner before the: judge ber. At the very least, Sheiner should have had an opportunity to cross-examine his? accusors before being forced himself to answer the question. Otherwise the protec tion of due process of law was lacking.. well as the guilty. Therefore, no inference should have been drawn that Sheiner was. or ever had been a member of the Commnist Party...