Worcester morning daily spy., 1898-03-13
Leicester Academy Must Make
Different Arrangements.
LEGAL OPINION SECURED.
For 80 Years Town Has Been in
Serious Error.
Vote Of Town Last Monday Has No Ef-
fect-Rights of Pupils of Town Clearly
Deflned-Conferenc Asked For.

0
school committee. is self-explanatory:
Blackmer & Vaughan, counseIlors at
law
Worcester, Mass, March II, 1898.
To the School Committee Of Leices-
ter, Mass: In accordance with your re-
quest we hand you herewith our opinion
as to the effect of the following vote
which was passed at the last annual
town meeting of the town of Leicester,
under article of the warrant, viz:
Voted, that the report of the school
committee be accepted with amendments
of Samuel May and David c. Reid, that
in the opinion of this meeting that the
connection between the town and Leices-
ter Academy be continued as it has
been maintained for the past 80 years,
with full regard to the best interests of
all the parties concerned, provided it is
in harmony with law"
First-This vote is merely a recon-
mendation, and cannot as a matter of
law be directory of the conduct of the
school committee. The schoo! commit
tee is an Independent body entrusted by
law with large and important powers
and duties. Those powers ard duties
are practically fixed by law, and cannot
be prescribed or limited by the votes of
towns or cities, except in a very few
particulars. About the only control the
voters can have over the school COM
mittee is simply to choose them, if that
can be considered as control Their au-
thority to bind the town by proper con-
tracts in performing their legal duties
is fully recognized by law, even though
towns do not make sufficient appropria-
tions to carry out the contracts thus
made, or even if such contracts be for
hidden by express votes. After the
schools have been maintained the length
of time prescribed by law, if the school
school committee attempt to continue
them further the town may order them
closed, and that order must be respected.
But as to the number of schools, as to
the employment, compensation or COM
potency Of teachers, as to the superin-
tendence of the schools, as to providing
a reasonable number of places at which
schools shall be kept and maintained, as
to the order of study prescribed or disci-
pline enforced, and as to other general
rights and duties Of the school commit
tee, all are beyond the control of the
town by vote or otherwise. In short,
the school committee is an independent
body whose powers are exceedingly
broad, and whose acts and conduct can
only be restrained and controlled when
they exceed the law.
From the above statement. which is
taken somewhat from the decisions Of
the courts in this commonwealth, YOU
Will readily see that the vote above re-
1erred TO can have no effect or control
upon the conduct Of the school commit
tee, except that it may be considered
merely as a statement of the wish or
recommendation from the voters in the
town; and it does not have any legal
plndlng force whatever upon the school
committee.
Second, This vote upon careful CON
sldera an presents a rather curious
anoma$-, because it recommends the
continuance of the relations existing be-
tween the town and the academy here
tofore, with full regard to the best in
terests OF all the parties concerned pro-
Wded II is in harmony with law" the
effect of which in substance is this.
Inc committee are recommended to do
an unlawful act, so far as it is in har-
mony with law. So far as the best in
terests of all the parties concerned are
to be considered it is evident that the
only interests to be considered are the
best interests of the pupils of the town,
and the school committee are bound to
see to it that those pupils receive in
full the right of public school instruc-
ton to which by law they are entitled,
regardless of any wish either within or
without the school committee to assist
any private school whether sectarian or
not. may as well say right here, that
If your school committee should be in
clined to render assistance to Leicester
Academy, which is a private educational
institution, (and whether it is secular or
not do not know and it makes no
difference), you must bear in mind that
you cannot compel any pupils to attend
such a school even if by law you had
the right to pay their tuition there, and
the result must naturally come that GER
tain of the pupils residing in your town,
from the example thus set by the school
committee, would insist upon having
their tuition paid by the town at pri-
yate or secular school of their own
choosing. Your committee must see
clearly at once the danger of such
course, and where it must eventually
lead to, which I do not consider 1 need
discuss at this time.
You already have the opinion of the
writer, which has been printed and cir
culated broadcast, and has received, 1
suppose, all the condemnation, criticism
and censure that can be evoked against
1t for the purpose of overcoming its ef-
feet. That opinion in substance stated,
that no pupils of your town can legally
struction to which they are entitled by
law at Leicester Academy and that the
town has no legal right to pay for such
instruction at that institution, or at any
other private school. remind you of
the fact that Leicester Academy is a
private school, and that being situated
geographically within the boundaries of
the town lines, does not make the
slightest difference-it must be dealt
with the same as though it was situated
anywhere else.
The opinion of the writer not being of
sufficient weight, or not having suffie-
lent reason to satisfy some critical
minds Of your town, I understand the
state board of education have been con-
suited, and that board stated to you in
substance, that my opinion did not go
far enough as against the apparent in
terests of Leicester Academy. am also
informed that the attorney general has
given an elaborate opinion upon this
subject, in which he stated it as his
opinion that academies are not and can
not be approved by law as institutions
at which high school instruction re-
Quired by the statutes can be furnished,
and in substance that no town has a
right to pay the tuition for pupils at
such an institution. Until some author
ity entitled by your board to the weight
and consideration which must be given
to the opinion of the attorney general
of this commonwealth is produced it
seems to me that that opinion should be
authority sufficient to govern your
board with entire safety in it's conduct
in settling this matter,
I have thought, and think now that it
is possible TO effect an arrangement by
which high school instruction may be
furnished at Leicester Academy, but to
my mind that plan would be upon an en-
tirely different relation from that which
has been maintained for the past thirty
two years as stated in the vote; and
until there is some disposition on the