Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1854-01-25

the school law REQUIRED this sacrifice At my hands;
ana ] was willing to foreQo my own personal wish.
Is, As we'll "a pecuniafy interest If BY 30 doing
could contribute to save the law from muulation
or amendment, until sufficient time should elaPse
to fully develop its effects, and clearly point the
proper change. II, with the aid OF my friends,
fail TO accomplish this, for aught can dsceI n, my
mission is ended, and shall feel strongly, if not
irresistibly inclined to resign the office. IL the
old and injudicious practice is to be resumed, OF
amending the law to obviate every little local or
Temporary Inconvenience, have no ambition or
desire to administer it.
In some parts Of the State they are very much
ANNOYED with the foolish practice of closing the
school house against the teacher in order TO COM
pei him to treat. My opinion on this is subjoined,
which you may publish il you think best. 't.
Question from BroUn County, proposed to the State
Commissioner OF Common Schools.
On New Years evening, the scholars saw fit to
bar the door of our school house, and to resist the
demand Of the directors and teacher to open the
same, unless treat of two dollars should be grant
ed. The demand of the scholars was backed up
by many of their parents, and by some Of the mag
strates who claimed that the directors had no re-
dress, aud that the boys had full right, by the
law of CUSTOM TO set up against the teacher the
claim above mentioned, and exclude him from the
school house until he should comply with their
r.quest. At length the teacher paid the two dol
lars, and SO the whole matter was quieted; but it
came very near breaking up the school. Upon
the above case my opinion has not only been So
licited but am requested to refer the matter to
an Attorney General for an opinion. The ques-
tion is also pfopounded, whether it would be prop
er and legal to refund 10 the teacher the two dol
lars paid by him as aforesaid, out Of the school
moneys belonging to said district
Opinion and Ans,cer. g.
To decide the above case, the opinion of the
Attorney General is not needed; for the school
law settles the matter beyond the contingency OF
a doubt. Sec. IL declares that "The Township
Board of Education in each township Of the State,
and their successors in office, shall be body po-
litc and corporate in law, and as such may con-
tract and be contracted with, sue and be sued,
plead and be implicated in any court of law or
equity in this State; that they shall be and here
by are invested, in their corporate capacity, with
the tite care and custody OF all school houses, and
school house stes," &c.-"to control the same in
such manner as they may think will best subserve
the interests Of common schools and the cause OF
| education
In Sec l3, it also declares that alt shall be the
further duty of said board to prescribe rules and
regulations for the government of all the common
schools within their Jurisdiction.
Now any person or persons excluding teacher
from his school house for the purpose stated in the
case submitted to me, or for any other purpose,
unless duly authorized to do SO by the Township
Board, or by the 'rules and regulations" prescri-
bed by them, are trespnsse s. and as such are liza
BILE to the same penalties at the suit of said town.
ship Board, as they would be at the suit of pri-
vate citizen, whose private dwelling they should
| close against him with the view OF extorting his
money. The existence of the improper and alb.
surd custom to which reference is made, does moi
affect the case. Custom, especially vicious and
improper one, can nev> be pleaded against a pos
tive statutory enactment. Even the common law
of England yields when it comes in conflict with
parliamentary enactment the expressed will oil
the law-making power. Let it be distinctly un-
derstood then that any body ,or every body CLOSING
the doors of school house, and stopping school
without an express order or permission from the
Township Board, are trespassers, and liable to
treble damages. .t. .
The two dollars paid by the teacher cannot lie.
galy be refunded out of your school money, anc
should you make any such misapplicaton OF the
school fund, it would be good cause for withhold
ing from your district its share Of the school fund
the subsequent year. have written very plainly
in relation to this matter, because feel that it is
eigh time the ridiculous and absurd custom to which
YOU have referred, should be banished from. the
State, as remnant of the "dark ages" When
SO much is being done to elevate the character
improve the condition, and extend the usefulness
of our Common Schools, and to make them moi
only nurseries Of sound learning, but of those ee.
vated and virtuous sentiments which adorn and
dignity human character, it is burning shame
that any community should for moment counten'
ance custom, which, in the estimation of all SEN
sible and udicious men, is degrading in all its ten
dencies, aud subversive of good order.
Yours, &C., H. II. BARNEY.