The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1890-03-20


|. Moore.
Permit to do business in Texas was
granted to the Lansing Wagon works
Of Michigan; capital $50, 900.
EDUCATIONAL DEPARTMENT.
Hon. o. H. Cooper, State superin-
tendent of education, makes the fol-
lowing forcible response to the COM
plants addressed to him regarding
the attendance of the school children
at the Sam Jones services in Tyler:
DEPARTMENT OF EDUCATION,
AUSTIN, Tex, March IA, 1890
Hon. n. G. Harris, President Board of
Trustees, Tyler, Tex:
Dear Sir-Yours of 18th inst, rela-
tive to complaints made about the &C
ton of the school board in closing the
public schools of Tyler for three days
during the meeting held by Mr.. Sam
Jones, and the marching OF the chill
dren in a body from the school build
ings to the tabernacle, has been re-
ccived and carefully considered. The
facts in the case seem to be as follows
On Tuesday night the school board
decided to make the three days follow
ing holidays for the school. The
superintendent was notified on
Wednesday morning of this action OF
the board. The superintendent then
informed the tea chers in the several
buildings of the action of the board,
and directed the teachers to form the
children in line and march them to
the tabernacle. He instructed the
teachers that they should halt the
line just before reaching the building
and give permission to such children
as desired to do so, to leave the lines
and return to their homes. 1t does
not appear from the statement sub
mitted whether this direction was Or
dered by the board or given at the
superintendent own motion.
In response to your request for my
opinion as to whether the board has
erred in this matter l may say that
the action of the board in granting
the holidays was within the discretion
vested in the board by law. The law
on this matter is found in chapter 3,
section IL, page 7 of the digest of the
school laws for 1885, and is as follows
Public schools shall be taught for, five
days in each week, schools TO be closed
on such holidays as may be agreed on
by the trustees" The discretionary
acts of the school authorities are not
subject to revision unless an abuse Of
discretion is clearly proved.
The marching of children in line
from the schools to the tabernacle,
however, seems to have been an error.
When children are sent to the public
schools they are under the jurisdiction
of their teachers until they return to
their homes and the teachers have no
authority nor could the school board
have vested them with authority to
take or send the children anywhere
except to their homet. When the
superindent received notice of the
action of the board proclaiming the
holidays he should have directed the
teachers to dismiss the schools for the
three days mentioned. 1t is true
JlldI J!le CIlluTpn WtlG IlOG ItluliCi
to go into the house but they were
marched to the house with the OK
pectation that they would DO 50. Tie
moral influence of a large number OF
people doing the same thing at the
same time is kind of compulsion
which is hardly less powerful than a
direct order and this moral compul-
sion was doubtless felt by the children
whose parents did not desire them to
attend these services, attendance on
which was subject exclusively to the
control of said parents.
No issue is made in this matter
administrative action from
the department, hencethis communica-
ton must be regarded rs advisory,
and in response to a request for my
opinion on the propriety OF the action
of the school authorities. Very re-
spectfully, OSCAR II. COOPER,
State Sup't. Pub. Inst.
The superintendent OF education is
advised that Vernon has assumed
control of its public schools and issued
$40, 900 bonds for building a school
house.
COMPTROLLER'S DEPARTMENT..