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

must depend upon the judgment, d,scre-
tion and intelligence Of the different
committees. The actual selection IT
any given time and place, depends "pos,
the views and opinions OF those upon
whom the law devoIvs tits duty. The
power Of ultimate decision must rest
somewhere. No right Of appeal is grant
ed. No power Of revision is conferred
upon any other tribunal. Because the
right Of selection may be injudiciousIy
or unwisely exercised. it by no means
follows that il does not exist. This
Court cannot make an affirmative rule as
to v hat books shall! be selected, or a neg.
alive rule prescribing what shall no, be
used, If the right to selection be exer-
cised in conformity with existing Stat
utes and the Constitution. The power
of selection includes ,ia, OF. making inju-
dicious and i'll advised Selections. but
there being no right of appeal the selec-
ton is binding and conclusive.
But the argumeu, is pressed upon our
consideration that immoral AMI lrrel-
gious books may be selecte,io- that chil
dred may be required to read the works
of Strauss, or of Ben,ham, or of Hume.
This may be so. But the exc rcise Of
power which is the subjec, of complaint.
is the danger that it will be, regarded as
very urgent. The !legisla,orc may un-
d"ubledIy make such a selection. So
they may repeal amy Statute by which II
crime however airocious, is punished,
for the right to impose punishment in
cludes the right t" modify or repeal it.
II the Legislature, acting vi thin cons,i-
tu,ional limitations, should prescribe
course OF instruction, however unwTse,
or books however immoral, We arg not
aware of any power on the part Of ths,
Court TO Interfere. The abuse Of power
is no argument against its exist enss.--
/, is OF the essence Of al power tia, i,
may be exercised unwisely or abused by
those to whom it Is in,rusted.
In the case supposed the remedy is
obvious and at hand. II is 10 be Enn1
where are found all the remedies fur bad
legislat'on-in the people. They elect
those by whom the laws are passed. II
the leg slature enacts laws unvise, ilDpo.
litic, removing the restraints on vice ur
giving impuni'y to crime. the people
have only to choose those for their agents
by whom such legislation will be repeal
ed. But If they will immoral legislation,
that murder shalt remain unpnnishcd
--or that the reading books of the young
sh all be such as are adverse 10 the recor.
nized principles of morality, no power is
given TO this Court to Inhibit or annul
such eeislalion. SO il the Committee,
acting within their authorized Limits.
shall make an unwse and improper 81
lection of books. the power 10 cmrec,
their nisdoings is with those by whom
they were elected, and whose wishes
they have violated. This goveruu.e..
rests upon the great constitutional axio,n
"fh"t all po,rcr is Inherent in TIE prop'e."
1t fnly and implicitly 'elies upon them.
aud il that reliance fails, then il.s ca
pertinent Of self government must be re-.
garded as future.
3. If the right t" direct the course .f
instructions and the boaks TO be used is
given. the right TO enforce obedieuce to
the determining power must n,anii-s,Iy
exist or the determination will he met.
tec,ual. !, would be worse .han idl. t.
grant this power to direct. ii an, one
can set at ,Dught the action sf the Com.
miilee.
Ihe Committee may enfrc. obed-
ence To all regulations within the scope
OF their authority. II they ms, select
book they may require the use Of the
book selected. lf the plaintiff u.ay re-
fuse reading ia one book she NAV in
aaother. unless tur some CAUSE she is eA.
emp'ed from the duty oi .L,ds.,,ce II
she nay decline To obey one requires
ment, rightiuily made, then size may
auoIher, aud the disciplme oG he school
is at cad, Il is Cor the committee ,o Dr..
ierinne what misconduct requires sx-
puls'on. That Is expressly Left n their
determination. 1T may be urged" ssys
Shaw. G.. J. in Sherman rs Charissiown.
Cush. l6'. 'tha; Il this power es lists
III school committees. they u.ay eAssciss
II, arbitrarily and uniastly ba the su-