Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1855-06-08


Bats, S Humph., 225.
But without impugning the authority
of Lincoln vs. Hapgood in reference tt
the poin, there decided, it may be suflici
ent TO remark that the doctrine thereit
set forth presents no such equitable con
slderations in its favor as to require it &c
be extended to cases to which it is no
directly applicable. Such indeed seems
TO tave been the view OF the Court O
the State in which that case was decided
in other instances where its authority wa.
invoked. In Spear Us. Cunning. % Pick
"a, it was held that the teacher oil a
tow; school was not liable to an action
by parent for not instructns his child
ren; aud in the opinion delivered, the
Court remarked ,hat the principle
established in Lincoln rs Hapgood ''is not
applicable to the case under considera-
ton. and cannot be relied on as a preccd.
ent" In Griffin Us Rising | Met. 339
it was decided that no action could he
maintained against asssessors, by an in.
dlvidual, who is liable to taxation, for
their omission to tax him, whereby he
lost his right to vote at an election, un.
less l, be shown aiiina,vely that they
omitted to tax linn wIfulIy, purposely,
or with design to deprive hlm Of his vote
In Wilkes rs D,nsman, How 81, it was
held III suit brough ht by marine ainst
the commanding officer of squadron
that the commander was public officer,
invested with certain discretionary
powers, aud that he could not be made
answerable for any injury when acting
within the scope Of his authority, and
not influenced by malice, corruption OF
cruelty; that his position was quasi udlci.
al-that the acts, of public officer il,
public matters, within his jurisdiction
and where he has discretion. are to ,.
presumed legal-and that it is not enoug gi
to show he committed an error in iuda.
ment, but ii must have been maliciou.
wiliul error. The plaintiff would seen
not entitled to recover according to ,ht
general prime piles and analogies of the
law, But the very question here pre-
sen,ed arose in New York in Stephenson
rs Hall. "A Barb. 222 in which it wa,
held that the action could not be main
tanned. In delivering TIE opinion of the
Court, Allen }. says: the trustees have
the power and II is lheir duty to dismis.
or exclude pupil from the School
when IN their Judgment. il is Necessary
for the good order and proper governmen,
oi the school so To do. They had nc
personal interest to CRAFTY or benefit, they
we're acting for the public without salary
or reward. They acted As they believed
Judlciousl y, ina matter Of discretion
pertaining TO ;he duties OF their Office -
If they erred in judgnnen, in such case,
they ought not to be liable to all action
The defendants therefore, howeve,
much they may have mi>judg, d their
duty, are not liable il they acted honest
ly.
=. BY the act before referred to, un
der article ), Sec /, among various pow
erS and duties conferred upon the Supe r.
intending School Committee, ,hey are
empowered "Iour,hiy, to direct the gen
eral course Of instruction, aud wha
books shall be used in the rcsoec,iy,
schools"
The right Ia prescribe the genera
course OF instruction aud to direct wha
books shall be used. must exist some
where. The Legislature have seen Il, I.
repose the authority t" determine this
in the several Super,ntending Schoo
Committees. They may therefore rish,
FULLY exercise II.
The power thus conferred is on Il,
most literal and explicit terms. lh
power of establishing bye.laws is give,
TO the several city gove,umcn, Of ,h
State. THIS court is authorized to es
tablish rules iof the rcguation OF bu,i
ness III Court. The only Restrictions il
either case, Is that bye.aw> and rule
thus established shall no, conflict witt
the Statutes aud Constitution OF tn
State. Within these limits thcy Ln,
all the force and vieor OF legislative en-
actnents. So in thu. case the same pe,l
erai and extensive power over this sub
ject matter is granted. and the course {
studies and the books prescribed by th
Superintending School Committee a,e /
be regarded as il established and nr.
scT'hed by the act Of the Legislature.