The purpose of the transportation is to promote the interests of the private school or religious or sectarian institution that controls and directs it.'It helps build up, strengthen and make successful the schools as organizations

—held that a statute similar to ours violated Delaware's constitutional prohibition against the use of educational funds "by, or in aid of any sectarian, church or denominational school."

In most of the state courts where the question has been presented, the legislation has been held to violate state constitutional restrictions.

—the Delaware Superior Court defined the meaning of several terms in Section 3.8 Of primary importance, the court explained that the phrase "sectarian, church or denominational school" means "schools which are under the control, domination or governing influence of any religious sect or denomination."

It concluded that free transportation "helps build up, strengthen and make successful the schools as organizations," an observation thereafter frequently cited.

Courts were divided over the constitutionality of the various aid programs, but most held that free public busing for parochial school students violated state establishment clauses or other constitutional provisions

In 1934, a Delaware Superior Court ruled that Delaware' s Blaine Amendment prohibited the state from providing transportation to students attending independent schools

Laws, c. 142, secs. 3, 4, appropriating money from general fund for transportation of pupils attending free schools supported by any church or religious society outside city of Wilmington was void as violating this section, although no funds were given directly to any such school.

"And the minority of the Court in the five-to-four Everson verdict issued a vigorous dissenting opinion in which they declared:"