(1902), in the case of Freeman v. Scheve, 91 N.W. 846 (Neb. 1902), Holcomb concurring, stated:
The Bible itself is not a sectarian book, and it is an erroneous conception to so regard it. Altogether aside from its theological aspects, the Bible has an historical and literary value surpassed by no secular writings. Its moral teachings and precepts are of the purest and highest, and appeal to the noblest impulses of mankind, as no other literary production ever has. Can anyone successfully contend, in light of the contemporaneous history of the times, that the constitutional framers and the people who adopted that instrument intended to altogether exclude the Bible from the schools? If such had been the intention, would not the members of the convention have expressed themselves in such language as could not be misunderstood? A constitutional provision concerning religious freedom should, it is said, be construed in relation to the state of the law and custom as they existed at the time of its adoption, and the courts can take judicial notice of customs and usages in regard to the use of the Bible in the public schools. … This is accomplished by firmly excluding therefrom all forms of instruction calculated to establish and confirm in the minds of students those theological doctrines and beliefs which are peculiar to some only of the different religious sects. Further than this we are not warranted in going.3534
In 1903, the Nebraska State Court, Freeman v. Scheve, 93 N.W. 169 (Neb. 1903), on a motion for rehearing, stated:
[This] decision does not, however, go to extent of entirely excluding the Bible from the public schools. … Certainly the Iliad may be read in the schools without inculcating a belief in the Olympic divinities, and the Koran may be read without teaching the Moslem faith. Why may not the Bible also be read without indoctrinating children in the creed or dogma of any sect? Its contents are largely historical and moral. Its language is unequaled in purity and elegance. Its style has never been surpassed. Among the classics of our literature it stands as pre-eminent. … The law does not forbid the use of the Bible in either version in the public schools. It is not proscribed either by the constitution or the statutes. And the courts have no right to declare its use to be unlawful because it is possible or probable that those who are privileged to use it will misuse the privilege by attempting to propagate their own peculiar theological and ecclesiastical views and opinions.3535