Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1901-04-25
NO COMPULSORY EDUCATION.
Simmons Bill Vetoed by Gov. Dockery-
Holds It Is Unconstitutional by Reason
OF Its Determinations.

of Its Determinations.
Gov. Dockery vetoed the compul-
sorry education bill, house bill No. 375,
entitled, IAN act to enforce the con-
seitutional right of every child in the
state to an education, to provide for
truant Oh parental schools and at
tendance officers in cities of 10000
population Or more, and to prohibit
the employment of children during
school hours" The measure was in
troduced by Representative Simmons,
of Shelby county, and is generally
known as the Simmons bill,' though
the measure was drawn by a commit
tee Oh three from the Missouri State
Teachers association, which declared
for compulsory education at their
annual meeting last December. The
committee was composed of Profess
sors FL. W. Prentiss, of. St. Louis; F.
d. Thorpe, of Kansas City, and G. v.
Buchanan, of Sedalia.
In the veto message to Secretary of
State Sam B.. Cook, Gov. Dockery
says:
This bill takes from the parent the
right to decide when his child, be-
tween 8 and IA years of age, shall at
tend school. and vests in certain pub
lie officials the power to determine
this question. 1t makes a revolution
airy change in h theory and practice
affecting the rights of parents which
have heretofore prevailed in this
state. 1t has sincere advocates whose
only desire is to benefit the child, and
who have no selfish motive in press
ing the measure. / can not, however,
approve this paternal measure, and
will concisely state the reasons which
compel me to withhold my assent.
The bill violates the constitutional
requirement of uniformity in legisla-
ton, inasmuch as it makes improper
clas~sifications and arbitrary distinc-
tons between children of the same
age and residing i'll the same district,
and is therefore obnoxious to the con-
stitutional prohibition against class
legislation. Laws may be made for q
class, but not for certain individuals
of a class. This bill provides for the
compulsory attendance upon q public
or private school of children between
s and IL years of age, but it exempts
from its provisions children whose
| parents are not able from extreme
destitution to provide proper cloth
ing for their children. The bill dis
eliminates in its requirements be-
tween children of the same district,
when the only distinction is the finan-
cial condition of their parents.
The bill confers extra judicial du-
- 1~ 80
cuses for non-attendance to be pre-
| scented to these tribunals instead of
to the parents. The judges of the
courts must act as general superin-
tendents of the children within their
respective jurisdictions, and say who
shall and who shall not attend school.
This is not done in a legal procedure,
but seems to be a sort of eX-parte
| supervisory control conferred upon
the judicial tribunals over the chill
dren of the vicinity. If this is not an
unconstitutional enlargement of the
| Jurisdiction of the courts, it is at least
an unwise addition to the labors of
those whose dockets, in many in
stances, are now oyercrowded.
In considering this bill the inquiry
logically suggests itself, if the state
assumes the right to decide when, I'M
der what circumstances, and how long
the child must be kept at school, re-
CARELESS of the wishes of the parents,
then why may not the state decide
TO what school the child shall go, and
what shall be taught, and take from
the parent that privilege also? 1t is
only one step farther in the same di-
rection.
In my opinion this bill is the logical
outgrowth of p~aternalism.
Hon.. j. 3. CAN'T, one of Missouri's
learned justices, in a recent opinion
of the supreme court, declared that
'~'paternalism, whether state or fed
eral, as the derivation of the term inn
plies, is the assumption by the gov
Ell nment of a quasi-fatherly relation
to the .,itizen and his family, involving
excessive governmental regulations of
the private affairs and business meth
DDS and interests of the people, upon
the theory that the people are not
capable of managing their own af-
fairs, and is pernicious in its tenden.
| cies. In n word, it minimiZes the citi-
zen and maximizes the government.
Paterna:ism is a plant that should
receive no nourishment upon the soil
of Missouri" This unanimous opin-
ion OF our supreme court has my
most cordial Endorsement, and / think
this bill is a long step in the direction
of the policy condemned by that de-
cisfon. / am therefore constrained to
withhold my approval.
F0-ce Sent Against Obber
Berlin, April 16.-The German war
Office has received the following .ls-
| patch from Count Won Waldersee: