Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-07-01
FREE SCHOOLS AND TUITION
FEES.

Borenan. the Territorial Commits
sioner OF District Schools. 1t Will
be seen that this small person carries
his littleness right along in every
capacity in which he finds field to
operate.
He commences his eTistle with
carping complaints about the school
law, coupled with petty objections
which he does not fOrtify with proofs
or instances, and which are just
about what might be expected from
person Of his mental calibre.
One thing he seems DESTROYS Of
emphasizing, with the purpose, no
doubt, Of creating difficulty among
trustees OF different school districts,
instead OF enieavOring TO promote
harmony aud unity Of purpose for
the benefit Of the people and tine
cause OF education, that i, the
construction which he places on the
section OF the law in regard 10 tuition
fees.
The law provides concerning the
school board:
''Sec. a II shall have power 70 id I
init 10 the schools in the district, pu- Z
pils from other districts, when i. can /
be done without injuring and over I
crowding such schools, and shall /
have power 70 make regulations for I
their admission, and % charge and |
collect reasonable fees for their tuition. I
It shall have power 20 arrange with I
the board OF an adjacent district FOR 4
sending to such district such pupils as 4
can be conveniently taught therein, {.
when for any cause such pupils cannot I
be conveniently taught in the district I
in which they reside, and for paying |
their tuition. II shall also have power 4
20 make proper and nsediul rules for 4
the assignment and distribution OF 1
pupils 10 and among the schools in 4
the distric: and their transfer from one (
school 10 another"
Now hear what the commissioner
says:
I'm endeavoriuE 10 reach correct in
terpre'aiIoRs OF its different sections
and provisions and 10 reconcile and
hsrmOnIIe the whole, It is necessary
that there be kept constantly IT. view
the fac: that the law was intended 10
give aud TO establish free schools
throughout the Territory. That is the
first solid rock on which to build any
Interpretation Of the various parts Of
the law, and We mus: conclude there
fore at the outset that under no cir
cumstanoes can tuition be required for
the admission Of any child OF school
age in the district or city where he or
she lives, and no child can be refused
admission 70, or di~c!imiuatsda against,
in any disiric; school IN the Terri
tory"
There Is no need to make any
particslar effort to "barmouize'' dis-
fereng provisions Of the law. because
they will harmonic themselves in
aulrteIligent mind not given 10 the
fabrication Of imaginary difficulties.
The only thing - OF harmony with
the Law is Jacob BOrgman's misin-
terpretAtiou Of one OF it. provisions,
or rather his ,lic;um in direct oppy-
sitiOn to the law.
1t Is true the law was framed 10
establish free schools in this Terri
tory. But it contains some Ifmita-
tons and restrictions. As 10 the Wis
dom or necessity for all OF them we
will here say nothing. The ques-
ton is what is the law: The COM
missioner says, mo child can be
refused admission to or discrimin-
ated against, in any district school
Of the Territory The law saws
that schools must not be UyercrowG-
ed, and in order to prevent children
from one district Crowding into the
school or schools Of another district.
the school board may charge reason
able fees for the tuition Of such !,
children. Therefore children may.
under given circumstances, be ere =
fused admission 10 some "district !.
schools Of the Territory"
Mr.. Foreman was 50 given TO
making law when on the bench that
he must needs try his hand at the
same business when acting as an !,
executive officer. We advise our !.
friends TO stick close to the law. and >,
Jay no attention 10 the commissioner
when he states anything contrary 10 T
the law.
a little reflection viii show that d.
there must tie some restriction in
this matter, or there will be cases Of :
almost desertion Of one school to the :,
overlooking Of another. Various =
causes might contribute to this re- :.
suit, such as the popularity Of some !,
teacher or the strictness of =,
another; the desire Of the children T
10 attend the same school as their :
Intimate friends; the disposition to O.,
change in some parents as well As a,
come children, and other reasons or =;
excuses. Q
II the trustees will read carefully q,
The section Of the law We have ~
luotei above, they will Understand ar
IL requirements and see the reasons AZ
why they were made. huI tncy oh
will also perceive that these are not IN
'ut Of harmony with the general IN
intent and scope Of free "a
'shoOl Law. Nor would there be st
my necessity for saying this. or lie
Erecting special attention TO the d.
ecrion, had it not been for the in ba
mutations and improper assertions -
4 the school commissioner. al
When children belonging to a w
.iven school district seek admission Ii,
the school OF another district. If 81
heir presence would cause over. is
rowdihg or be otherwise injurious w
hey may be and ought to be denied er,
Omission. And TO rev mt thes, so
wis the IGlc says the trustees ma, N,
barge reasonable tuition fees for IN
uch children. What the commits Il,
ioner says to the contrary does no, IN
cunt. 81
Also the trustees or a district
therein there are several schools ito
nay make arrangements for N, NJ,
roper distribution Of tie Iupil,. w.,
nj their regulations can an. m,