The Telegraph-courier. [volume] (Kenosha, Wis.) 1888-1946, 1889-11-14
The Bennett Law.

4
his control a child between the ages
of 7 and IA years, shall annually
cause such child to attend some pub
lie or private day school in the city,
town or district in which he resides
for a period not less than twelve
weeks in each year. Section fifth
provides that ''no school shall be re-
garded as a school under this act
unless there shall be taught therein,
as part of the elementary education
of children, reading, writing, arith-
metic and United States history in
the English language The other
sections of the law relate to its en-
forcement, and to the employment
of children under Is years of age.
1t is to the first and fifth sections
to which objection has been made,
and more particularly to the require
ment that the instruction in the ele-
mentary branches shall be given in
the English language.
In regard to the power of the peo-
pie of the state to require parents
and guardians to instruct the chill
dren under their charge in the Eng
lish language there can be no doubt,
| beCause:
I. This power has not been dele
gated to the national government,
nor has its exercise been inhibited by
the constitution of the state. It.
therefore, remains with the people.
2. The people having the power, it
becomes their duty to preserve and
protect the state against injury,
present or prospective.
3. The people of the state are the
sole authority to determine what the
welfare Of the state demands, and, in
case that welfare is threatened, to
determine the remedy.
a. Under a democratic govern
ment the remedy for all evils that
threaten it is the knowledge Of its
principles and the education neces-
sary to apply those principles in its
administration
s. In this state this knowledge
must embrace and this education
must include an acquaintance with
the language in which the public
records are kept, in which the laws
are printed, and in which the bust
ness of the state, legislative and u-
dicial, is done. This language is the
English.
6. The people having the power, it
becomes their duty to protect their
free institutions from the conse
quences of ignorance of this charac-
ter and history, and this can only be
performed by securing for every
child, so far as practicable, a knowl-
edge of the language of the nation.
7. This duty also requires that the
state should so train and educate its
youth that when they become active
citizens they can best discharge the
duties of citizenship, military, civil,
legislative, judicial and executive.
This training and education include
the ability to speak and understand,
to read and write the English Ian
guage.
It follows from the preceding prem
Uses that the people of the state, "rep-
reserted in senate and assembly, can
rightfully determine the measure neces-
sary to secure the welfare of the state;
and the laws enacted by the legislature
arc binding upon all citizens-incud-
ing. of course. school officers, teachers,
editors and clergymen--until set aside
by judicial or legislative action. It
need hardly be remarked that no asso
citation, party or society, whether re-
ligious, political or social, has either
legal or moral right to nullify. disobey
or disregard law of the state, under
any plea of authority paramount to that
Of the law making power An admis-
sion Of such authority, whether parental,
ecclesiastical, domestic or foreign,
would tend 20 undermine republican
form Of government
AS regards the expediency of the
law, there may be difference of opinion.
There are few laws enacted that meet
the unanimous approval Of either the
legislature or the people. IF the ele. |
mentary branches are taught in all our
schools, public and private, in the Eng
fish language during the required time,
and if all the children study them, there
will be no occasion for the enforcement
of the law relating to the matter under
consideration. But if there are any
children in the state growing up in ig-
norance of the language necessary to fit
them to discharge their duties as citi-
zens, then they have claim upon the |
state that should not be ignored or dis
regarded.
The exemption from taxation of all
school property belonging to corpora
tons is not meaningless. 1t can be
justified only on the ground that it aids
in fitting the youth of the state to dis
charge in proper manner their duties
when they reach the age of active citi-