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


to expel a scholar in case OF a refusal tc
read in a book by them prescribed-the
constitu,ionalty of a regulation BY which
the Bible, or any version Of it, is des.
ignated as one Of the books to be used.
The education Of the people isregard-
ed so much matter ofpublic concern,
and Of such paramount importance. that
the constitution ofthis State imposes on
the legislature the duty TO make suitable
provisions for the support and main,en-
ance of the public schools. "A general
diffusion Of the advantages of education
being essential to the preservation Of the
rights and liberties of the people; to pro-
mote this important object, the legislature
are authorized and it shall be their duty
TO require the several towns to make
suitable provision at their own expense,
for the supper, and maintenance of fpublic
schools "-Con., 1ri. s.
This requirement, ofthe constitution can
only be rendered ehectual by the enact
ing Of fitting and appropriate laws
Different acts have been passed at dill
ferent times to carry into full effect this
constitutional duty. In 1850. the prev.
Gus legislation of the State on this sub
ject was repealed and new enactments
passed, which still remalr in force, and
under which the defendants justify their
acts.
l. The defendants are public officers
discharging important public trusts, and
IN the exercise of this authority necesari-
" clothed to certain extent with ludici-
al powers. In dong the act OF which
complain, Is made, they were acting un.
der the obligations Of official duty and
the sanctions of an oath. The plaintiff
claims that when thus actins,and without
malice or intentional wrong on their part
they can be held responsible in dam
ages Tor an erroneous decision-an error
oi Judgment either rs to the facts or as to
the consequences ri ghtly deducible there
from. In fine, that they should be held
liable il they erred in judgment upon a
matter submitted TO then determination,
aud upon which they were bound to act.
BY the act Of 1850. c. 1888, art. 5. 81,
the powers and duties of experimenting
School Committees defined and establish
ed. and the authority is given them ITO
expeI from any school, any obs,lnately
disobedlent and disorderly scholar, after a
proper investigation Of his behavior, ii
found necessary for the peace aud useful
ness Of the school; also 10 restore him
TO the school, Oh satisfactory evidence of
his repentance and amendment. After
investigation they are to determine wha,
is to be done. II IN the discharge of their
duty in good iaih and integrity, they
err. /, le only what is incident TO all
Tribunals. TO hold them legally re-
>pon,lble, IN such a case, would be TO
punish them for the hone $, convictions OF
their understanding in the dccnon OF a
matter submitted TO them, and upon
which. having assumed jurisdiction, they
/, could no, rishtfully withhold a decision
The general principle is established by
an almost uniform course Of decisions,
that public officer, when acting in good
taith is never to be held liable for an
erroneous judgment in matter submit.
ed to his determination. All he under.
takes TO do, is to discharge his duty Ia
the best Of his ability, and with integrit,
That he may never err III his judgments,
or that he may never decide differently
from what some other person NAV think
would be just, Is no part Official under.
taking.
The plaintiff rests the right to recover
upon the case Of Lneln rs. iIapgood, |
Mass, $50, where it was held that an
action could lie maintained against the
selec,men of town for refusing to re,
ceive the vote OF a qualified e!ector. al
though not chargable with malice Thi.
decision. though regarded as faw III
Massachusetts aud in tins State, is a,
variance with the law as established in
England and in most Of the States Of ,hi.
Union, in which the question has arisen
In the opinion Of Parker. c. j.. in Lincolr
rs. Hapgood, reference is made to liar
man RS. Tappenden, East. 500, wher,
the law vas he'd Otherwise. The doc
s.'ne of Hartman us Tappenden was sub
sequentiy affirmed by Abbott, G. j., il
Cullen rs. Morris. 9 Stark, 577. |,
jenkins rs. Waldron,il Johus.. ia, the
Court say tia. in their opinion i, "wou,t
u