Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1870-12-22
Iuformefionf for Teachers.


pendence to stapd its ground.
Information for Teachers.
The following is part of charge to
jury in recent case given by Judge
McIIvaine, setting forth certain prinei-
piles of law, touching the relation and
duty of teacher and scholar and the gov
ernment Of schools, SO clearly that we
dee IN it Well that your attention be d.
rec.ly called the same.
l. School Teachers in the State OF
Ohio when not otherwise expressly con-
trolled by the Board of Education. may
make and establish all such rules for the
government of his school and for the
government of the conduct ofhis pupils,
either in The school room, or On the play
ground as he may deem necessary for tn G
good order and happiness of the school
and his pupils, limited only in tho exer'
ise of this point by the rule of law
which declares that such rules and reg
ulations shall be reasonable.
2. He may enforce obedience to such
rules ON the part of bis pupils by the in
Fiction of reasonable punishment upon
those who violate them.
8. Every violation of such rules af
fords Just. cause for the infiiction OF
punishment. ~ -eia -'A 7..5 ..s
4. Among the punishments which be
may rightfully inflict upon violation of
the rules of the school is corporal chas-
tisement. f7'
S. The only limit imposed by law upon
the exercise OF this power of corporal
chastisement, is that it shall be exercised
in moderation.
6. Whenever the exercises of this
power and rig ht exceed the limit OF
moderation the punishme ent is said to be
excessive.
I. Any corporal punishment inflicted
by teacher, either wantonly or mali
ciously, upon pupil who has not vic
lated any rule of order or conduct Is u't-
laarfM and may be called excessive.
s. Eyccssire punishments are always
upiustitiable and criminal. Mooerate
punishment npon offenders are always
right and proper. @
When an offense has been committed
and corporal punishment is resorted 10
it often becomes very difficult CUES
ton of fact for the jury to determine at
what precise point moderate and lawful
punishment ends, and excessive and un-
lawful punishments begin.
will now give you some rules of law
to aid you in The determination of this
question of fact: f1
l. Regard should be had to the sge,
health, disposition, and general cbarac-
ter of the offender.
2. Regard should re had to the :
ture and circumstances of the cffense
and the motives which actuated the Of
fender.
8. REGARD should Re had 10 the objects
and end of all puuishments, to-wit: The
reformation Of the offender. and the ne
cessity ofexample.
4. Regard should be had to the mode
manner, and severity Of the punish
ment.
Thus the instruments used should be
a proper and reasonable one.
The manner should be such as to show
that discipline aud not vengeance was
the object in view.
And in no case should the severity OF
the punishment endauger the life, liIcb,
or health of the offender.
5. And last ly the motives of the teach
or should have due weight.
Thus, if the teacher be actuated by
malice or iii will toward the pupil, or il
he seize the occasion for the pu' pose OF
showing his power and authority over
the person of his pupil, single touch
over and above the actual demerits c
the pupil would render the punishment
excessive and unlawful.
But OIL the other hand, if his motives
were strictly just, and his only object
the good of the offender, and the good
order of his school, then he should be
su tanned by all Boards Of Directors, and
all Courts ofjustice. unless the punish
ment inflicted clearly exceeds the limits
lof moderation according to the rule,
here laid down. ....t,..
For further Information, and in direct
keeping herewith, the inquirer may be
referred to the School Laws of 'bio
1855, page "a. ....... ,...