The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-12-18

support Of private DnSs. 1i,iezi. liz Nv
TX statute was les OBJECTIONABLE thar
ours, tor the asylum socseLfes wer,. 10 som.
I xtAnt subject 20 tie inspection aud su GER.
| vision Of the educational Officers while the
high schools mentIDned in ours are i'm nc
| msnner subject 10 such supervision
Ia 1866 the Legislature Of NV York
provided for the establishment of uorma
| schools, 10 be supported out of the comm on
| school fund. The Court Of Appeals held
| that the school funds could not be used In
| that way, saying: "Thsse normal school,
| differ materially from the common schools
! 10 which the Constitution refers. They are
not intended for the education Of the
chill dren of the inha bitants of the districts
whore they are located, but Tor the.
training of teachers tor all the common
schools They are not open To all. .
The application of the revenues OF he.
ofsuch normal schools woultS be clear
~ IN violation OF the constitution, and
the direction To that eff-ct. IN he 7th sec
ton OF the act of 1856 mus be held void
Gordon vs.. Curne- e Il a6i supra. >te al-o
The People &c. ". Allen A y Y 404
The Legi lAture OF Kentucky, January
IL 1872, passed an act. recitiug thai Tn SUI
Perntendent of public ms -ruction had lie
cided that there were no legally ELECTED
trustees in ID strict No. 8. in Lewis county.
and that one Halbert. rs President II he
Nanceburg Male and Female Academy.
could take charge of the common school tor
that district, have il taught and draw the
pablo school money to which iU was en-
titled; that TWO schools had been taught;
that al children in the district OF proper
age were iuvited TO attend free Of charge.
and that majority OF them did attend; but
that the perinLrndrnt was then of th,.
opinion that these schools c. ld not draw
any part OF the school fund wi bout further
legislation. Wherefore it was enacted that
SAID schools should b. entitled 40 one half
the money due, and To become 4 Je said com
mon school district. aud the sup-rIBteu dent
was directed to draw his warrant on The
) ate Treasurer Tor SAID sum in Ia
vor OF w. G.. II albert, to pay the
teacher who had taught, and was teach
i'm the common school at the sch oil house
in Vanceburg. An action was brought BY
the proper officers to recover the amount
pai,! To HalOerC under said act, and TIL lat
ter jas titled his receipt OF the money, by said
act.
TIE Supreme Court held that 10 be no
defense, saying: The Act in question de
voted portion of the school iund to the
payment of teachers not acting under the
contract or supervision of the officer; OF
The common schools, but who Taught I'M
der contracts made with a private indi-
vidual If the uiau- |
action OF Halbert can be ratified,
and the school in oneY due To a district in |
Lewis county turned over to him and his |
mployes, instead OF being paid out 10 |
those entitled 10 il under The general law |
trict in The State, anu the 81 stem OF com
mon schools practically DESTROYED"
Halb-rt vs. Spark Bush 26O
See also Collins Vs.. Hen !,rs Al II, Bush |
rs
The provisions in our Constitution with |
RET, renee t. the establishments aHd support |
of common schools, are substantially the |
same as those to he found in the Con-
3 buttons IF nearly all the States in the |
Union. Their meaning is well illustrated |
ny tie legislation and deci-i rs concerning |
them, aud they leave no room to doubt, |
hatthe schools contem plated by our Con
are free public schools. open to all
1oithi1a the ages Of tiUe and tlosRty-One gears.
and subject to. and g0Uerned by, State IaloS
and school officials, and that the school fund
b. lawfully appropriated. directly |
or indirectly, TO the support of any other |
schools than those so contemplated by the
Constitution.
Respectfully.
T. c. CATCHINGS,
Attorney General.