The Columbian. [volume] (Bloomsburg, Pa.) 1866-1910, 1881-03-18
TEACHERS AND PARENTS.
COMMONWEALTH VS.. CHARLES CLEAvER
CHARGE OF THE COURT.

NhAhGE Ut THE 'OONI'
GENTLEMEN OF THE jury: 1t is alleged by
the Commonwealth and conceded by the de-
PENDANTS that an assault and battery was com.
miued by him upon the person of Samuel Gil,
bert, unless he was justified in what he did un-
der the circumstances.
The defendant being school teacher, inlict-
ed punishment upon Gilbert, pupil Schools
for the education of the youth of the land are
provided for by law. The power Of selecting
teachers and placing them in charge of the
schools is delegated by the people to the school
directors in each district. When they have EN-.
ployed teacher and placed him at the head
of school, whether he be young and inexpe.
rienced, or of greater age aud much expert
ence, it is the duty Of scholars TO obey his rea-
sonable commands, and to square their conduct
by the rules which he may adopt.
Parents primarily have the right TO govern
their children, and in training them up in the
way they should go, have the right to inaict
upon them corporal punishment.
/ When children are sent to school, they are
placed, for the time being, in the hands of the
teacher, to whom the authority of the parent is
delegated by the act of sending them TO the
school. 1t is absolutely necessary that the
teacher should haye parental control over his
pupils during the time they are In his charge.
If one scholar is allowed to have his own
way, and openly perform acts of disobedience
with impunity, the contagion spreads through
out the school and others become equally way
ward, until insubordination becomes general
1t has always been the law that parent has
the right to inflict corporal punishment for the
correction of his child. Whether there are bet
ter modes of family government is not now the
question. We must take the law and the prac'
| tice as we find them.
1t may be that there are circumstance where
| teacher would not be justified in going to the
extent that parent might lawfully go in pun
ishing refractory child; but the general rule
is, that the teacher stands in the place of the
parent, and is clothed for the time being with
the parents authority. If, however,, teacher
inActs corporal punishment, it must be within
reasonable limits. He must be guided as tt
mode and severity, by the nature Of the offence
the age, size and sex of the pupil his power o
resistance and his manifestation of disposi
ton not only to disobeY rules but TO resist pun
ishment.
When a teacher discovers from pupils cours
of conduct that he intends to make trouble il
the school, he may, for any act of dlsobed
ence, punish him, not brutaly aud beyond lea
son, but with judgment and moderation. l ap
prehend, however, that the extent of the pur
ishment in such case ought not TO be consid
cred unreasonable if it should somewhat ex
coed proper punishment for an inadvertently
olation of rules.
Ifa teacher should severely punish youn
child for whispering, every person woul
conclude that he exceeded the bounds of rea
son; while the same amount of punishment ir
ficted upon another scholar Of different ag
different size, different temper and diferen
conduct, would not be considered excessive.
The right which the law gives may be abu'
ed. Whether it was or not in this case yo
will Judge If after consideration of all the eli
cumsances, you find that the defendant ws
unnecessarily severe, you will convict him; BIT
if on the other, he did not exceed the bounds
reasonable punishment he ought to he a.
quilted.
!, Exercise your best judgment upon the ev
dence The law as found in our test books, IAN
as we have given it in charge to You, is conce'
ed bv the cousel to be applicable to the facts
] the case ! Bishop Criminal Law III. Con
e monwealh vs.. Jane Baker, l Brewster r
ports 81.
t The facts are submitted to you. Gilbert te
tfes, and there Is other curroboratng eviden
that the teacher took him by the hair and vi
t lently bumped his head on the floor. This
! denied by the defendant who teslifts that
$ Gilberts head was hit upon the floor, it W
It done in the struggle between them, when Il
r defendant was endeavorng to obtain possesic
: of the knife which ilbert had.
In order that the greatest benefit may be hi
from the least sums of money expended in Il
maintenance of our public schools, it is necess
ry that the rights OF teachers to maintain ord
q and proper discipline in the schools be uphe
|. by the courts, and respected by parents and p
!. pills If il should come to be understood tn
- for the reasonable exercise of their delegat,
authority, teachers are in danger of convictiC
!, and punishment, advantages will be taken
;. that fact by uuruly scholars and the rest
will be disorderly schools
/. On the other hand juries should see to it til
d children placed under the charge OF eache
|, are not wrongfully and excessively punishe
;, If teacher abuses his power and inf lets wa
!, ton and unnecessary injury upon his pup
g. there should be no hesitation in finding hi
: guilty of assault and battery.
"a The jury acquitted the defendant and put
i costs on the prosecu tor