Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1885-10-03

Scholars over Eighteen Years o
Public SchOOls-OpiniOn OF tint
Attorney General.
Some days ago, says the Carson Free
Lance OF Monday. the State Superin
tendent Of Public Instruction was asked
to give an opinion as to whether or not
children over the age OF eighteen had Q
right to attend the public schools. The
question was submitted by Principal O. A.
Webb, Of the public schools Of Dayton.
The question being a legal one IL was re-
ferred to the Attorney General, ~ the law
adviser of the State. Appended Is his
| opinion:
OFFICE OF ATTORNEY GENERAL,
CARSON CITY, New, Sept. "a, 1885.
Hon. G. 8. Young, Superintendent OF
Public Instruction Sir: Your recent in
quiry as to whether the Trustees OF q School
District have the power to exclude from
the public schools of such district persons
over the age of 10 years, has received my
attention, and l take this opportunity Of
replying:
In my opinion they have. 1t is true
that the power is nowhere expressly given
to them, and it is equally true that neither
the Constitution nor the school law has
in SO many words declared between what
ages children may be permitted to attend.
And yet 1t is quite evident that some limit
must nav been intended. 1t is not TO be
supposed that the trainers OF our Constitu-
ton and laws Intended that persons OF ell
ages should be allowed to receive instruc-
ton in the public schools ct the %expenseof
the State.
The fundamental idea upon which the
free school system Of the United States
is based 10 the education of the youth,
and our State is not exceptional in this re-
spect.
There can scarcely be q doubt that
school age, within the meaning OF the
Constitution, Is from six to eighteen years.
School moneys are spportioned upon
that basis, and the law as IL now
stands seems to contemplate children be.
tween those ages, a1d none others. Un-
der section 35 of the General School law
Of 1855. IS amended March Z. 1873, the
School Census Marshal was required to
list not only children between six and
eighteen years, but those under six
and between eighteen and twenty-one
also. This implied that all persons under
the age Of twenty-one years were deemed
as part Of the school population Of the
State. But on the 18th Of March, 1885,
the section was again amended, and now
the Marshal is required TO list the children
between six and eighteen years. all others
being eXidustria omitted.
This seems 10 be more In harmony with
the constitutional intent. There Is now
nothing Of inconsistency between the
statutory and constitutional provisions,
and I am not able to find anything in
either which entities q person over
eighteen or under six years of sge to in
struosion in our public schools.
There must be lines Of limitation drawn
somewhere. and, il SO. where with more
propriety than at the ages OF six and
eighteen years, which the Constitution
and laws have provided as . basis for the
apportion ment OF the funds, out Of which
the schools are supported?
II q person over the age OF eighteen
years ia admissible, so is q person OF any
age. To so construe the law as to admit
persons Of ell ages, might have the effect
Of diverting o large portion Of the School
Fund of the State from its legitimate pur-
pose. and work great injury 10 the youth
for whose benefit the school system was
manifestly designed. Respectfully.
W. 81. DAVENPORT, Attorney General.