The Cambria freeman. [volume] (Ebensburg, Pa.) 1867-1938, 1873-11-14

FLoGGING IN SCHOOL.-Being n matter
of general interest, we publish below some
extracts from the able charge of Judge Dean
in the case of the Com tn vs. +. Q. NJ. Hab-
cracker, charged at the recent term of the
Blair county court with assault and battery
one one of his pupils. The powers of teach
ers are so clearly defined and explained that
none can fail to understand them:
"A master may infict punishment upon his
apprentice. parent upon his child-and teach
e" upon his pupil. without necessarily being
guilty of hati cry, while in she case of those NOT
sustaining this relation o. master and appren-
tfce, or parent and child, or teacher aud pupil
the mere fact of Il beating being shown by the
commonwealth, the law presumes that IL was
unlawful, and therefore a battery yet no pre-
sumption arises in either of the cases we have
mentioned; the presumption is, where II is
shown that master has beaten his apprentice,
parent his child, or a teacher his pupil, that
the beating was lawful and therefore not q
battcry-that it was such Il beating as was ne
cessary urder the circumstances
1t is incumbent on the commonwealth in 4
case of this kind, after having shown the beat
ing, to go further, and, by pI oof, satisfy the
Jury that the beating went Beyond reasOna-
BILE point-thut it was unlawful The parent,
for the good of his child. to reform him, may
infIict 1Ipon him such punishment as NAV be
reasonable and necessary to effect that end.
To secure attention to his studies or TO main
do Just what the parent has done at home; he
is LGcO PARENTS for the time being-OccupieS the
same relation towards the child as the parent
does at home. During school hours he has all
the authority of the parent, and Is held to no
strIcter accountability.
can beat the child to crafty a cruel or revenge
full disposition, no matter from what cause re
venge NAV have arisen. The punishment must
have for its object the reformation or good of
the child, the maintenance of good govern.
ment I'm the family or in the school room. If
from dislike of the child, spite, anger, the beat
ing is inflicted, whether slight or severe, the
beating is a battery and punlSha bic as Such
$50. If the punishment be cruel, or unreason-
able, out of proportion TO the nature of the of
fense committed, it is battery.
The teacher is responsible only Tor n mali
ciOus Deating. IT. from an error OF Judgment
on the part of the te3cher, he unIntent1Unaity
goes beyond the bounds of moderation in the
punishment; or, if from facts afterward dis
covered. it appears that the child committed
no offense whatever worthy of punishment :;
STILL if the teacher at the time he lnf1lcted the
punishment, did not mean 10 be unusually Sc
Vere or believed in the guilt or tue child, he
would not be resp OnSible. For the time being
he is Judge necessarily must be JLdge-jury
and executiOner; he must hear, determine,
and punish or execute. and he is no more re-
sponS5le, criminally, for unlntentlonal errors
errors of Judgment, than you or we are respon-
sible for errors of Judgment here In the court
"Anyteacher who is so forgetful of the duties
of his high calling. the far-reachlng cOnSe-
ouences of iTisacts, as to maliciously or cruelty
beat pupil, Should. without taiterlng or with
out hesitation onss our part, he convicted OF as
,sault and battery On fhe other hahu, IL Is OF
the.VreateSt moment that our teacnerS III our
mn blic schools be encouraged and sustained IN
aycrv Druner Sk ercfSe of their authority. The
very isff ceNJf these institutions depends on
Sustaining the teacher[in his authority when
nroDerIy exercised in the school room. If the
teacher be stripped of his authority to enforce
attentjon or TO prohibit disorder IN the school
ronm nv unfounded and trivial prosecutions,
the end of the system for good Is very near at
hand: rebellion and contumacy op.the part OF
the ruDiIS will become chronic; ff teacher,
iastead of training youth, will be engaged In a
continual contest to MAINTAIN MS authority