The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-19
RIGHTS OF sCHOoL-CHILDREN.
An Important Decision of the Superintend-
emit of Public Instruction.

John W. Holcombe, superintendent of Public
Instruction, in reply to inquiries addressed to
him relating to the privileges of certain school
children, yesterday rendered the following opin-
ion, which is of considerable Importance in
school matters, as it is in contradiction of the
opinions which have been held by his prade2es-
sOrs in office:
"My predecessors have Interpreted the law on
the enumeration of school children very strictly,
but, though reluctant TO differ from them in such
matters, have concluded, after considerable re-
Election. that it ought to be construed in every
case as literally as possible for the benefit of the
children.
Section 4,472 Revised Statues REQUIRES school
trustees to make an enumeration OF the chill
dren, white and colored, within their respective
townships, towns and Cities and to list the
names of parents, guardians or heads of fami-
lies, male and female, having charge of such
children The law in this section recognizes
three distinct relations in which the person
having charge of a child may stand to the child,
w, parent, guardian and head of family
The term heads of families must refer to
lation not included in the terms parents and
guardians. think it is intended to cover cases
where person has children of school age in his
home and under his protection, whether as
pOyes or as members OF his family, though with
out formal adoption or legal guardianship. But
there are other cases which the provision of the
statute as to listing names does not include, but
which must be provided for under the require
ment enumerating the children within the sew
eral corporations. The domicile of a minor is
with his parent or guardian, and in theory every
minor is supposed to have a guardian. But i'll
fact many are completely sui juris, independent
OF parental control or support, and living by
their own labor. The homes of such, for the
purposes of this section, must be the places
where they are employed or stay without any
immediate intention of departing therefrom.
No one can be said to have charge of them; they
do not live at the homes of their employ ers, and
are not under their protection as heads of fam-
lies. They are none the less entitled to school
privileges under what our constitution requires
to be a general and uniform system of common
schools, wherein tuition shall be without CHARGE
and equally open to ALL"
"The Supreme Court remarks. incidentally, in
Johnson vs. Smith (64 Ind, 275): The theory
OF these statutory provisions the school law of
1865, and supplemental and amendatory acts,
is, that each aid every child of the proper age,
without regard to race or color, within The lin
it's of this State, is entitled of right and without
charge for tuition, to the benefits of such
education may be obtained in and by our COM
mon schools page 281.)
hold, therefore, that all persons between the
ages OF six and twenty one years entitled to
school privileges, and may be enumerated in the
school corporations in which they, in good faith,
have their home-understanding home in the
general sense, not in the technical sense of legal
domcile. Those who are in any way in charge
of q resident head of a family should be so
enumerated; those who cannot be so assigned
may be enumerated as without guardian. In
acting under this Interpretation trustees should
guard against imposition by fndng out whether
the case can be brought under the law of trans
fer SECTIONS 4473 and 474); and, if not whether
the child is dependent upon himself for support,
or upon the person with whom he lives. Chill
dren cannot legally be sent to school by parents
poration other than that in which they them
selves reslde,N