Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1869-04-23
THE R'S.TUTVORTTr.E
.fEFECTBD M TIME .f.V'D
PI.TCHi. .saHaa

legally exercise over his pupils in respect
10 time and place, il being cOntonded by
some that he has no concern with them in
the way of authority or responsibility after
school hours, or beyond the school house
premises Hot
The following positions, az general rules,
in referenc to this matter, are, we believe,
fully sustained in law.
lst In the school-roofn, tho teacher has
the exclusive control and supervision of his
pupils, subject to only such regulations
and directions as may be prescribed orgiv-
on by the school committee.
I'd. The conduct of the pupils on any
part of the premises connected with tho
school house or in the immediate vicinity
of the same, (the pupils being thus virtual
ly under the caro- and oversight Of the
teacher) whether within the regular school
hours or before or after them, Is properly
cognizabe by the teacher. And any dis
turbances made by them or offences COM
mitted by them within this range, injuri-
ously affecting in any way the interests Of
the school, may clearly be the subjects Of
reproof and correction by the teacher.
81. In regard to what transpires by the
the authority of the teacher may be regard
ed as concurrent with that of the parent.
So far as offences are concerned for which
the pupils committing them would be
amenable to the laws such as larcenies,
trespasses, ETC., which come more particu-
larly within the category of crimes against
the State, it is the wisest course generally
for the teacher (whatcver may be his legal
power to let the offenders pass into the
hands of judicial or parental authority, as
they may thereby involve themselves in
controversies with parents and others, and
expose themselves to the liability of being
harassed by prosecution at law.
But as to any misdcmeanors of which
the pupils are guilty in passing between
the school house and their home which di-
recty and injuriously affect the good order
and government of the school, and the
right training of the scholars, such as tru-
ancv, wilful tardiness, quarrelling with 9TH
er children, the use Of indecent and profane
language ETC., there can be no doubt that
these come within the jurisdiction of the
teacher, and are properly matters for disci-
| pine in the school,
A recent decision in the Supreme Court
of Vermont, illustrates and fully accords
with the foregoing positions. In the case
referred to, boy outside of the school
house promises, and of the school
hours also, in the presence of other pupils
of the same school, used towards the mas
ter in his hearing, contemptuous language,
with design to insult. The Court decided
that the master rightfully punished the boy
for the misbehavior, because it had di-
rect and immediate tendency to iniure the
school by subverting the masters authori-
| ty and begetting disorder and insubordina-
tion among the pupils
The same doctrine is substantially rec
ognized in tho decisions of our own Su-
! preme Court and We would again refer,
respecting this and other kindred topics,
TO the elaborate opinion of Judge Shaw in
the case before cited. sherman VS.. the In
hsbitants of Charlestown; Cushing's
Massachusetts, Reports, 1907
The governing principle in all cases like
the Vermont case is, that whatever in the
misconduct of pupils under like circum-
sta noes, as to time and place, etc., has di-
rect tendency to injure the school in its inn
portant interests, is properly subject Of
discipline in the school.
1t is sometimes objected to the foregoing
views that the responsibilities of teachers
are in this way enlarged to an improper ex-
tent, that if their authority extends
beyond school house limits and the school
hours, their responsibilities must be in
creased in corresponding ratio. But to
this it may be answered, that the matter is
| IL hot
cannot be expected that teacher will fol-
low his pupils into the streets to watch their
conduct when beyond his view and inspec-
tion the extent of his duty in this respect
can only be to take cognizance of such mis-
conduct of his pupils under the supposed
circumstances, as may come to his knowl-
edge incidentally either through his own
observation or other proper means of in
formation.
4th. Teachers may, at their discretion,
detain scholars reasonable time after the
the regular school hours, for purposes con-
nected with the discipline, order, or instruc-
ton of the school. This practice has been
sanctioned by general and immemorial
usage among our schools, and by the au-
thority and consent of school committees,
expressed or implied, and has been found
exceedingly useful in its influence and re-
suits.
There is no law defining precisely the
sch ool hours as they are termed, or the
hours within which the schools are to be
kept. This is regulated by usage or by the
direction of school committees, varying in
different sections of the commonwealth,
and also different seasons of the year. In
some places the number of school hours
each day is six, in others five or less. In
some, two sessions day are held, in others
but one, as may be determined in each case
} by the respective committees. The prac-
tce under consideration, of occasionally
OBTAINING pupils after regular school hours
for objects connected with the school ar
rangements, rests precisely upon the same
: authority. The same experimenting pow
that regulates and controls in the one case,
does the same thing in tho other. Yet the
right in question should always be eNer-
cised by teachers with proper caution, and
a due regard to the wishes and convenience
of parents
II NAV be urged by way Of objection to
the practice in question, that if teacher
can detain pupil a quarter of an hour, he
can an hour or two hours, and indeed to
any extent whatever, without Limitation.
The answer to this is obvious-that the
abuse of practice is no argument against
its general propriety and expediency; that
teachers are supposed, like other agents,
to be governed by reason and sound judg-
ment in the performance of their duties,
| e Il, I l.,
peryert the confidence and authority repos-
ed in them in respect to this matter, they
would, as in other like cases, be held re-
sponsible for the perversion. n.-HOokers Es-
say.