Hopkinsville Kentuckian., 1895-12-20
JUDGMENT AFFIRMED.
JUDGE cRAcE's OPINION IN THE MA
JoR-DoNNELL SCHOOL CASE.
Decision BY the Court of Appeals of Interest
to all Teachers-Judge Brown Scores
Legal Victory.

tTH lOSO.
rHos, =; MAJOR Appellant. Appeal s'I,icn from
J.w .CAYcE, ETC., Appellee. } Circuit Court.
OPINION OF THE COURT DELIVERED BY
JUDGE GRACE.
The Appellant, Thomas H. Major,
being citizen and resident of COM
mon school district No 78, Christian
county, and being the father of four
children resident therein, and within
the school ages between six and twen-
ty years, and the father being thus
entitled under the law to the benefits
of said common school for the educa-
ton of his children, which was being
taught in said district by one G. v.
Donnell, under contract with appel
lees as trustees of said district, yet
appellant complains that he is denied,
and that his children are denied the
full benefit of said common school to
which, under the law, they are enti
tied; in this that he says his eldest
daughter, being sufficiently advanced
and having capacity to study algebra
and higher arithmetic, and that both
himself and daughter desiring her to
do so, yet she is refused the benefit
of instruction in these particular
branches, unless he will pay addi-
tional and specific compensation for
such instruction to the teacher, which
he is unwilling to do, and he there
fore seeks by this proceeding against
the trustees, and the teacher to COM
pei them to furnish such instruction
in these branches to his daughter.
Plaintiff states in his petition that
these particular studies, are in ad-
dition to those prescribed by the
State Board of Education which he
says embrace spelling, reading,
writing, arithmetic, English grammar,
English composition, geography,
physiology, hygiene, civil govern
ment, United States History and
history of Kentucky, and the nature
and effect of alcoholic drinks on the
human system" And plaintiff says
that the said trustees have author
lied and permitted the defendant
Geo. V. Donnell, (the teacher EN-.
ployed by them as aforesaid to teach
the common school in said district y
to introduce and teach in said COM
mon school, certain other higher
studies or branches of learning,
which are not embraced in the course
of study in such schools, under the
statue, and which have not been
prescribed by the State Board of Ed
ucation, VIZ: "Algebra, higher arith-
metic, latin, bookkeeping, ETC." And
that defendant, Geo. V. Donnell, has
established classes and is teaching
same, these branches in the school
along with, and in addition to, the
studies required by law to be taught
in such common schools.
Plaintiff further alleges that before
filing this proceeding he laid his
complaint before the trustees, and
requested them to compel the teacher
to so give the instructions to his
daughter in these higher classes,
without extra compensation, which
they refused to do. Plaintiff contends
that under the constitution and by
the provisions of the common school
law, that his daughter is entitled to
this right as claimed.
We are cited by plaintiff to the
following sections of the common
school law of this State, chapter 113,
Kentucky statutes Section 1863. This
section provides, that there shall be
maintained throughout the State
of Kentucky, uniform system OF
common schools, in accordance with
the constitution of the State and this
chapter. Section 1864, provides that
no school shall he deemed common
school within the meaning of this
chapter, or be entitled to any con.
tribution; out of the school fund, un-
less the same has been, pursuant
hereto, actually kept, or is under con.
tract to be kept, by qualified teach
er therein, for five months during the
same school year, and at which every
child in the district between the ages
of six and and twenty years, has had
the privilege of attending, whether
contributing towards defraying its
expenses or not, provided nothing
herein shall prevent any person from
| attending common school, who viii
obtain the consent of the trustees
and the teachers, and pay the re
quired tuition fees" This section
again reports that tuition shall b,
free Of expense to every pupil child; :
section 1896, among other things pro
vides that when the school shall re
quire an assistant to serve regularly
at salary, such assistant shall hold
a certificate of qualification and b.
employed by the trustees. Sectiol
4328 provides, that the State Board