The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1898-11-04
A Wider Range of Benefits Pro-
posed and Defeated.
AGE LIMIT RESTRICTIONS
LAWYERS SUBMIT A DIVIDED
OPINION TO BOARD.
Strict Construction of a Bad Law
Versus Expediency and Consist
ency Miscellaneous Lot of
Matters Disposed of Pertaining to
School Work and Finances.

dI Tic ulSn SCUOOl are lIOI ClOWQSu,
minority of the members of the board
of education last evening announced
their opposition to a proposed plan of
making the institution subserve the
fullest measure of usefulness. The plea
advanced by the opposition was that
the law would not permit an enlarge
ment of the high schools utility, but on
this point only two lawyers out of five
concurred in the opinion that resident
Taxpayers sons and daughters, who
are over the age of is years, are barred
! from participating directly in the ben
efits of high school instruction, even
upon payment of tuition fees. After a
lengthy discussion of the subject and
negative action on numerous motions,
| the board decided to restrict high
| school privileges to pupils who are over
| the age limit, provided they are pur-
| suing a regular course to graduation.
This matter was brought to the
boards attention a month ago, when
! the committee on teachers and school
work recommended that all persons
| other than resident graduates Of the
! Salt Lake City high school now pursu-
! ing special studies, who are over the
! age of IL years, and who have an ade-
! quate. scholastic preparation, be ad-
mitted to any existing classes at the
| llAs5A SSlASOl, ilONluGQ lIldl lllGy Gull
form to all the usual requirements i'm.
posed upon students of those classes,
except that of attendance at other
! hours than those of recitation; that the
classes in question will not be z'en-
dered too large by such special attend
ance, the principal of the high school
and teachers being judges of the fact;
that tuition charge for such instruc-
ton be paid to the principal on admis-
/ sion CIJnt
dollars per half year for each subject
thus pursued, except drawing and
painting, for which the rates of tuition
will be SIS per half year for drawing
and $25 per half year for painting. The
rates of tuition indicated will entitle
special students to the free use of all
stationery and materials furnished
without charge to other pupils.
The recommendation was referred to
the committee on school laws, and last
evening Messrs. Moyle, Newman and
Giauque proposed a. substitute PROPOSE
ton. The other two members of the
committee, Cotton and Critchlow. dis
sented from their colleagues findings
The substitute resolution is as follows:
Resolved, That all persons who are
residents of Salt Lake City, or whose
father, mother or guardian are taxpay-
ers in Salt Lake City, and who are over
Is years of age, and who have an ade>
quate scholastic preparation, may be
admitted to any existing classes at the
high school; provided that the classes
in question will not, in the opinion of
the principal and teachers thereof, be
rendered too large.
"That those students pursuing regl-
lar courses leading to graduation shall
have. the preference as to attendance
over special students, provided that all
such persons pay for such instruction
TO the principal on admission to such
classes as follows: Five dollars per
half year for each subject pursued,
with the exception that all such per-
sons not pursuing a regular course
leading to graduation, shall pay for
drawing and painting a fee of SIS per
half year for drawing and $25 per half
year for painting, stationery and ma
terials to be supplied to them without
extra charge"
EVEN LAWYERS DISAGREE.
Accompanying the school law com
mittee's recommendations was a legal
opinion from the senior and junior
members of the law firm of Williams,
Van Colt & Sutherland, on the follow
ing questions:
Has the board of education of Salt
! Lake City power to maintain a free
high schooI?"
of charge to the high school students
over Is years of age, or on payment OF
| tuition?"
In admitting to the high school stu
dents over the age of is years. has the
board power to discriminate between
such as apply for admission upon the
, grounds of age, residence. previous
preparation or other qualifications, and
may such discrimination apply both tc
the question of admission ard the ques-
ton of tuition?''
To these queries Messrs. Williams and
| Sutherland replied, Mr. Van Colt dis
senting, that the matter was not en-
tirely free from doubt, yet applying tbs
well-settled rule that a corporation
such as the board of education, pos
: SesSeS powers under the law which is
: to be strictly construed. it followed, the
opinion stated, that all pupils between
the ages of and is years are entitled
to attend the public schools in this city
without charge. In looking through
2 the law, the two attorneys who render.
ed the opinion found nothing that gives
the right to pupils under years of age
or over Is to attend school either by the
payment Of a fee or otherwise. anC
! therefore the proposed resolution is mo-
| ! authorized.
t The opinion stated further that there
I is no provision of law for the attend.
! ance of pupils at school. over IS year.
! of age, and the board has not the sta,
: tutory power to provide for the attend
ance of such pupils in the schools
whether or not a fee is paid. Calling
$ attention to the latter premise, Their,
would seem to be no doubt but that TIT
board of education may maintain
free High school between the ages men
toned. The opinion concluded by stat
2 ing that the other questions need not b,
Y specially answered.
t Speaking to. his motion to adopt tht
J. school law committees resolution, Mr.
4 Moyle announced that he acuuiesce(
in the law, which, in effect, said tina
4 no person who is over the age of L
3 years should receive instruction in tn,
1 public schools at the taxpayers ex
S Dense.
i Critchlow characterized the commit
tees recommendation as illogical in tn
; light of doubtful advice given by tn,
: | attorneys, Messrs. Williams and Suth
: erland, who We're, he stated, q minorit,
of five lawyers, himself included. wht
had studied the question. He could no
yield to the opinion before the board
and, while the question is surrounded
, with doubt, he believed the best plan
would be to follow the promptings o
expediency. consistency and the evi
dent intent of the law, rather than
strict construction of it.
t Wilson. another attorney member o
/. the board, concurred with Critchlow.
Newman spoke for the Illogical
resolution because he believed it's adop
ton would afford the speediest means o
relief from the legislature in the wa!
1 OF desirable amendatory legislation.
The motion to adopt the school Law
4 | committees resolution resulted as fol
a., lows: Ayes-Giauque, Moyle, Newman
i Noes-Colton, Critchlow, Nelden, Whit
: ney, Wilson.
{ The original proposition, that wa
J. submitted a month ago and referred
then came up. Critchlow offered al