The Emporia news. [volume] (Emporia, Kan.) 1859-1881, 1869-01-15
THE POWER OF SCHOOL BOARDS AND
SCHOOL TEACHERS.
In District Court, Lyon County, Deeemb
Term, 1865

an infant by her next friend, ". T. soden,.
plaintiff,
f p. Bancroft. Director.
Noyes Spieer. Clerk, and
j. l.. Williams, Treasurer,
Constituting and being the School Board OF
School District No. !, Lyon county, Kansas, de-
PENDANTS.
R4qgles Dc Plumb for plaintiffs.
In this case the relator, after setting
forth that the said defendants had been
duly elected and were acting as the
School Board of district No. 1, &c, pro-
ceeds to represent that she is minor of
the age of nine years-an orphan, with
out parent or other legal guardian; that
she is a resident of school district No. l.
Lyon county, Kansas, and has been such
resident for two years last past that she
/ is entitled 10 admission into and tuition
in the common or public schools of said
district; that at the time of the commits
sion of the acts complained of, the said
school was in operation and being
taught in the school house belonging to
said district, iii the town of Emporia in
said county; that said school was being
supported and tuition therein paid for
{
district, levied and provided by
law; that on the fifteenth day of De-
cember, 1868, she appeared at said school
house for the purpose of receiving the
instruction therein to which she was en-
titled in common with the other chill
dren of said district that at said time
and place she was notified by one A.
Blackburn, principal of said school, and
who was employed as such principal by
said Board, that she could not receive tu-
/ ition or other benefit from the said
! school though the same was then regu-
larly in session and being taught; that
| i'll consequence of such notification she
was compelled to retire from said school ;
! that thereupon, on the same day, she,
/ by her said next friend, appealed to the
said School Board from the decision or
refusal of said Blackburn, and for per-
mission to attend said school; that said
Board declined to reverse the said de-
cision or refusal of said Blackburn. and
did, then and there, wholly refuse to al
low her to attend said school; that the
said refusal of said Blackburn, endorsed
| by said Board, and the said refusal OF
said Board is not OH count of any
fault OH the part of the relator; that by
Blackburn and the said Board, she has
been wholly deprived of any benefit
from said school ever since said refusal
that this is the only public or common
school in said district; that she is Who'll
ly without remedy in the premises un-
less it be afforded by the interpositior
of this court, and prays that Is writ Of
mandamus may issue, &c. The forego
ing alleged facts are verified by the
oath of w. I. Soden, who appears al
next friend of relator, and are admitted
to be substantially true by the defend
ants.
-AlnteTiR Gillett for defendants.
The defendants, in their answer to the
Ofalternative writ ofmandamus, by way
avoidance, say that it was for long
time previous to the date of the matters
and things set forth in said alternative
writ, was then, and has beer ever since
and now is one of the regulations pre-
scribed by them.as said District Board
that whenever pupil has been absen
from said school by staying out day
that upon said pupil returning again Il
school he or she must bring to the prin
cipal teacher of said school a writer
excuse for said absence from the person
or persons who have charge of said pu
pill. The defendants further say that til,
3 said Carrie Esty was absent from sale
school on the 14th of December, 1868
and that when she came to said schoo
again on the 18th of said month, sh,
neglected to bring to said principa
Blackburn the required excuse, and tina
she still fails to present such excuse
that said Carrie Esty, the relator, wei
knew of the said regulation at or befor
the time of said refusal complained OF
9 and that regulation was equally know
to the person with whom the relate
then and does still reside, and has car,
and control of her, to-wit: w. T. Soden
and who appears in this action as he
next friend.
To this return the plaintiffs demul
for the reason that said return does no
state facts sufficient to constitute q de
Tense to the cause of action set out il
said alternative writ.
By The Court: WATSON, j.:
1t should be borne in mind that tn,
only matter of justification plead by tn
defendants is the regulation referred t,
in their return, and its violation on tn
part of the relator. This presents TIN
inquiry to this court: Is the regulation
, reasonable one, and did the relate
willfulfy violate or disregard it?
A cordial cooperation on the part
/, parents, teachers and school boards i
essential to the success of our common
school system. The want of such co
operation in district No. l is doubles
the occasion of this case being befor
us; but being here, from whatever cause
we must dispose of it, not in accord
, ance with our peculiar notion of edu
cational ethics, but in obedience to wha
we understand 10 be the requirement o
law.
We need not particularize all the pow
ers and duties of teachers. They ma,
be regarded as resolved in this: to IN
Struct, strengthen and decelop the intel
tectual and moral posce1;s Of the pupil
To assist them i'll the performance o
this duty the law clothes them with au
thority to adopt all necessary rules ant
regulations. and with sufficient powe
to secure compliance with them OF
the part of the pupil. 1t is also the de
sign of the law that the school boar.
shall cooperate with teachers in estab