Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1873-10-30
Another School case Decided.

\ case involving The rights of
teachers and parents in sele Getting
studies to DO pursued by the pupil
was tried the other day in the Win
nebago (Ill.) G rcuit Court. IL will
be remembered a similar case Nor.
row VS. Wood--was tried befor,
Grant Circuit Court the lat tenn.
aud decided in favor Of the teacher,
But in this case in IlliOnis an oppCs
site decis on is rendered, and the
parent is given the right to sele' t
what studies pupil shall pursue.
Concerning the trial and verdict
Rockford dispatch of the 18th inst,
10 the Chicago Tribune has the fol-
lowing
The High School case from Do
rand, in this county, which has been
before tho Circuit Court for.the third
lime, this week came to fpal en-
ding on Thursday afternoon, when
the counsel on both sides closed their
arguments, the charge was delivered,
and the Jury retired. The principle
Involved makes the case of inter est to
teachers every where, therefore | give
you a concise history Of the trausac-
ton.
The case commenced in 1871, at
which time Miss Post the plaintiff,
was in the junior class of the High
School at Durand. Winnebago Coun-
ty. Among the studies of this Class
the Directors had included book
keeping. Miss Post refused to pur-
sue this study, or procure the neces-
sary books, Notwithstanding the or
der of the Directors that she must
do 90 or leave the school Her rea-
sons for this was. that her mother
did not wish il, as she already had
enough studies, and her heath would
not admit of more. She continued
her attendance until finally the Di-
r6ctors ordered her expulsion, and
Mr. Ruison, the defendant, forcibly
compelled her 10 descend three
flights of stairs, and 90 out in rain
storm. After this Miss Post kept
away until her step>father applied
for her re-abmittance. This was re-
fused, unless book keeping formed
part of her studies. But this could
not e,and the matter was brought o
court The questions involved were:
Who had the chief authority in the
case2 which side has the law to sup
pert itI and had the plaintiff suffered
damages by being deprived of school
privileges in her place of residence?
No decision was arrived at after
two trials. and the case was again
brought up at this term.
Judge Brown in his charge to the
Jury, said that the Directors of
public school could adopt all reason
able rules and regulations for the
management and government oftheir
school, and prescribe course of
study; yet parents and guardians bad
he right, honestly and in good faith.
to select from the par ocular studies
those which they may desire their
children or wards to pursue. be al
20 added, thatit was no ground for
expulsion or suspension Of a scholar
if such scholar did not pursue the en-
ire prescribed course of study, as
long as he was acting honestly and
10 good faith and under the direction
or Instruction Of his parent or guar
iian, who may honestly and in good
faith make up instruction for the
welfare of their charge. On the de-
fendent's side, the great question TO
be considered was, whether Miss
Post, of her own free will, refused to
comply with the order of the Direc-
tors from caprice or perverseness, or
under instruction from others; and.
if such was the case, then the Board
only acted on their proper authority
in expelling her from the school.
With this instruction, the jury re-
tired. At about midnight sealed |
verdict was returned, which was
opened and read on Friday morning
at 8 o'clock. The verdict in sub.
stance, was, the jury found Mr.. Rul-
ison guilty of trespass, etc, and awar
ded Miss Post Sl37 damages.