The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1898-03-12
THE TRUANCY LAW.
Judge VOyles Holds that an Omcer Is
Entitled to Only 1920 Yearly.

Lewis II. Balsley, truant officer of Jack
son county under the compulsory school
law, brought suit against the county to re-
cover $3.50 for services. The case was tried
before Judge S. B. Voyles and his finding
will be read with interest. The judges
opinion begins with the statement that
Lewis HI. Balsley got appointment last
August CS9O under the act of the Legisla-
ture of 1897 for truant officer in district No
2. in Jackson county, Indiana, and con-
tinues: 1t may well be remarked at the
outset that when Balsley came into office
he got some magnified ideas and lost sight
of modesty. He was encouraged in his own
ideas when he got the blanks from the
superintendent of public instruction which
blanks seemed to contain overdrawn ideas
and embraced inquiries wholly beyond the
fair Interpretation of the act Of the Legis-
lature.
For instance. the act itself excused a child
who was less than eight years old and who
was not over twelve years old from going
to school If he had physical or mental in
sufHciency.
There is no other excuse except these two,
yet the superintendent of public instruction
went to work beyond the fair meaning of
the act and gave out instructions to have
some other causes of absence from school
which are always attributable to natural
and unavoidable reasons. A child who is
sick is excused whether the law excuses
him or not.
Section of the act relating to truant
officers, which is published in the sessions
acts of 1897 at Page 24S, provides that if anv
be too poor to furnish books to their chill
dren the school trustees or school commits
sir hal 1f5n
section does not even place any duties upon
truant officers
Section of the truant law says reports
shall be made" and furnished as required
by the superintendent of public instruction
and the blanks t. be with reference to the
truant law.
Yet the blanks sent out required truant
officers to make all kinds of inquiries, lead
ing them to so to extremes almost In
other words the blanks sent out to truant
officers are calculated TO mislead those Off
Gals and to do something clearly not in
tended to be done by truant officers. The
truant statute is of doubtful ACCESSIBILITY
anyhow in many respects. That statute
does something which may be deemed by
some as clearly the thing to do. 1t makes
truant officers, in one way of looking at it.
the judges of just what the duties shall be-
Tnat is the wrong idea If the Legislature
did not know enough about what was to be
done, nothing should have been done.
The truant act says that ii is the duty of
truant officers to see that the act Is COM
piled with. TO do what? That is not de-
fined
A truant officer can act when he knows
a child is habitually absent from school
May then notify the child's father guar
dian or custodian, and If then the child be
lot sent to school the truant officer may
prosecute the parent, guardian or custodi-
an. That has never been done.
The truant officer in this case is chosen
for suburban. district. The law applies
with more reason in a city, or ordinarily
with more necessity in a city. The statute
would have to be general, but would be far
more applicable to people and children In a