Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1899-04-21
New School Laws

Relating TO Pupils who Live i'm One
Town but who wish TO Attend school
in Another Town --- Hearing Before
County Examiner Ryder In west
minster-Putney Case.
A hearing of considerable importance to
residents Of all parts of the state was held
at Bellows Falls Wednesday and Thursday
upon an appeal of the school directors of
Putney against the school directors of
Westminster for refusing to allow the chill
dren of +. NJ. Pierce of Westminster to at
tend school in Putney as demanded by said
Pierce under the provisions of new laws
passed last year. 1t was held before County
Examiner II. d. Ryder in his office. Those
present were b. 7. Phelps, school director
of Westminster, G. G. Wright, selectman
of Westminster +. G. Parker, school d.
rector of Putney, and F. NJ. Pierce.
The following extracts from Mr.. Ryder's
brief gives a history of the case and will be
read with interest: In view of the fact
that this case has arisen under a new stat
ute and one that has not received any in
depreciation from any authority, it appears
proper for me to state somewhat fully the
| principles upon which such cases as may
arise under this act will be decided by me
until such time as the law shall receive at
tention from the supreme court or until
shall become convinced that | am wrong
in my application of the law.
Section / of Act % reads: "a child re
siding in the vicinity of school in an adj
| joining town, who can evidently be better
| accommodated in such school, may de
mand the privileges of such school; and
the tuition charged shall be a sum not
greater than the cost per pupil for the
maintenance of said school, which tuition
shall be paid from the school moneys of
the town in which said pupil is resident
And it is further provided that such tut
ton shall not exceed 81 per week for such
pupil"
Section extends the authority of the
| truant officer of the town where the scholar
has lbeen appointed to attend, over such
pupil.
Section reads: "In case of disagree
ment between local authorities concerning
the particular school any child shall attend
a written appeal may be made by the school
directors of any town interested to the ex-
aminer of teachers in and for the county
of which said child is resident and his de-
cision shall be final"
Section 4 repeats Sections and of
Vermont statutes reading as follows
1.-THE board of school directors may pro-
vide for the instruction of legal pupils of
the town in the public schools of an ad-
joining town, and pay for such instruction
from the school money"
1t is evident this statute was passed
with the intention of providing for the in
struction of pupils at such schools as they
can most conveniently attend and without
regard to town lines, and with the idea
| hot hu Ia Tod
that they can better attend the schools OF
town other than the one in which they
reside would thereby receive better school
advantages.
The plain intent of the legislature was
to change the permissive power of the old
law to an obligation established by the new
law, with provision for decision upon
appeal by any town interested.
1t has been claimed that the phrase "a
child may demand" etc, could not stand
because "chid'' cannot demand" but
when it is remembered that parents rep
resent their children, and that the request
of the parent, in such case, is the re.
quest of the child, this objection cannot
be regarded as of any consequence. The
burden of proof rests upon the party thai
demands the privilege Of school in an ad
joining town. So far as possible pupil:
should attend the schools in their own
towns for the reason that payments fol
tuition under Act % usually deducts just
so much from the school money that i:
available in town, and also because such
attendance in another town will not re
duce the number of schools, nor the
school expenses of the town that pays the
tuition. When the conditions are equal
or nearly so, pupils must attend the
schools in the town of their residence.
In the case under immediate considera
ton, all parties interested were represent
ed at the hearing, and were heard as fully
as they wished. From the facts as pre-
sented, and which were practically agreed
upon by all parties, it appears that +. NJ
Pierce has three children between the age.
of seven and ten; that he lives on what i;
known as the "middle road between
Westminster and Putney; that the school
house in Putney where he asks to send hi.
children to school is situated southery from
his residence on said middle road about 465(
feet therefrom that the road from hi'
house to the Putney schoolhouse is a mali
travelled road with houses at rather fire
quent intervals; that the schoohoust
in Westminster, where these children
would attend, is about ZOO feet from
Mr.. Pierces house; that about one-hal
mile of this is a rather unfrequented cross
road from said middle road to the "uppe
road" that the remainder of the wal
along said upper road is a main Travelled
road similar to the said middle road tina
there is another cross-road between tn,
parallel middle and upper crossroads
which is available, but that the distance il
about the same by either cross-road; tina
both crossroads drift badly in winter ant
are not kept well OPEN that both the up
per and middle roads are kept passabl
practically at all times, and that there is NJ
essential difference in the excellence o
the two schools in question, but wha
preference there may be is in favor of tn
Westminster school.
} 1t was stated by Mr.. Pierce and Mr.
t Walker that previous to the enactment O
the law of 1892 the pupils from the plac
now occupied by Mr.. Pierce always at
tended the Putney school. A statemen
was made by Mr.. Pierce that his children
attended the Westminster school in tn
summer and fall of 1898, but on accoun
of distance and bad roads they were no
able to attend said school the pas
winter, and they were thereby deprivet
of school privileges when they could hav
had them If they had been allowed to at
tend the Putney schools.
/. Examiner Ryder has not yet officiall
I notified the parties interested of his de
cision, but intimates that he will decd
! the matter by overruling the refusal of tn