Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1891-02-07
Decision by the State Board of Edu-
cation.
DIR. NJ. NJ. Warren vs., Trustees of Macon
Public Schools.
JACKSON, MISS, Jan. /, 1871

Jackson, MISS, Jan. l, 1891.
Under Il regulation requiring non
residents TO pay tuition, the trustee
| demanded of NJ. NJ Warren tuition iol
| Alb. +. Rush, Jr.. whose parents, resi-
| dents of kempUr county had, on sept
10, 1890, prior TO the opening OF tt'
| Macon schools, apprrnticcd him to III
brother. in.la ". DIR. Warren, Il resident
OF Macon, Having received the Noutl
into his family rs a member thereof
to be cared for, controlled and cdu
Gated as if he were a sou, and accord
ing 10 specific requirements III iht
articles OF agreement, which were
signed by all the parties interested
DR.. Warren claimed the right TO Sen'
the said Rush 10 The public schoo.
without paying the tuition eNaeted
from uOn.rcsideuls.
The trustees base their refusal upciI
two grounds: ~ that the domlcllc OF
the parents is the dUmicile OF tho child,
(2) that the apprenticeship was not
legal because it did not conform to
The statutory provisions Tor aprren'
iiciGg orphans and INDECENT children
aud was rcvocable b. mutual consent.
We hold that the actual, bona tide
home of the child determines his rights
to public school privileges. The articles
of apprenticeship, which are not con
trovcrtcd or claimed TO be Fraudulent
clearly establish the fact that Al. +.
RuSh's home wasto be with DIR War
rem. Many children actually live and
have their homes separate AMI apart
from their parents, and it is in viola
ton of the principles of equity and
contrary to the policy and bcncticcni
spirit Of our public school system to
refuse them admiltancc to the schools
except upon the payment OF tuition
fees. Wclay down the broad principle
that any cducablo child in Mississippi
who wants to avail himself of the al
yantagcS of her free schools, may
attend school in the district where his
home is, and is entitled to all the
rights aud privileges thereof,
If the question of residence be con
trovcrtcd by the trustees, it dcv0lves
upon the claimant TO establish the tact
that his actual, bona fide home is in the
district. This DR.. Warren did on be-
half Of his brother in-law, At f. Rush.
jr, by presenting the articles of APP
premiership. The trustees might
have gono further and required DIR,
Warren and Rush's parents to make
affidavit that the prime and control
ing reason of Rnsli's removal TO Macon
was to make his home with DR.. War
rem, aud not merely to obtain the ST.
pcrior ADVANCES Of the school.
The parents, or guardians, of mi
nor cannot transfer him from one dis
trict to another for the sole purpose OF
acquiring superior school facilities;
bul il seems Just and in harmony with
public policy TO grant TO every eddca.
Die child the free school privileges OF
the district wherein he can prove his
actual residence TO be,
The question of residence Is often II
difficult II to settle. We would hes.
itate to uvcrrulc Il board of trustees
who had investigated n case and rem
dcrcd Il decision as TO the fact OF resi-
dcnce, but the decision arrived at BY
the trustees in ibis case i, based main
" upon their construction of the law,
without any spccia! contention as to
the fact of residence.
In districts where superior schools
arc maintained ii is very desirable 10
acquire free school lights, hat we dis
tinrlly declare thut tlis is not N%tta'na-
bic except by actual residence anI
that trustees may collect TUITION tees
from any child transferred 10 their
district solely for the purpose OF at
tending The school.
AS The point nj issue is determine
bic upon the grounds above set forth.
we deem it unnecessary to enter inio
Il discussion OF the second object raised
by the trustees, viz: the legality OF TIT
apprenticeship.
The facts in the case warrant I'll"
conclusion that Young Rash was placed
in the family OF DR.. Warren III order
TO give him a suitable home until his
majority, and not primarily that he
might participate in the superior al.
vantagos afforded 10y the school OF
Macon. The appeal is therefore suS-
tanned and At +, Rush declared cnti'
tied 10 attend the school without tho
payment of tuition.
J,R PRESTON.
.I