Joseph McKenna

“ May we believe that it became suddenly the purpose to change an institution which had had its impulse and foundation in religious zeal to convert the Hawaiians to Christianity and to educate young men to be 'teachers of religion,' to one simply literary and scientific and nonsectarian? ”

“ It is no defense that the government's policy has changed. It cannot so release itself from its engagement. The provision for the teaching of 'sound literature and solid science' might be considered of 'expansive character,' to use the description of Lieber, and change with the progress of both. The provision for religious teaching is unchanging. It is as definite and absolute to-day as it was when it was written. The alternative of it the agreement has made the return of the property conveyed, or the payment of $15,000. ”

“ It is contended by appellants that there was a close connection between them and the 'definite system of doctrine' which was the 'central purpose of the mission.' We, however, need not dwell further upon this contention, though a plausible argument has been advanced to sustain it, and we pass to the next controverted contention. The words of the agreement are that the government 'shall not teach or allow to be taught any religious tenet or doctrine contrary to those heretofore inculcated by the mission, a summary of which will be found in the confession of faith herewith inclosed . ”