Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1901-01-19
COMPULSORY SCHOOL LAW.
Ersikin & Allison Hold That Wheeling
Is Not Embraced Within the Scope
of tho INV

Ersl2in & Allison Hold That Wheeling
Is Not Embraced Within the Scope
of the Law.
To the Editor of the Register
Sir:-In your report of the proceed
ings of the Board of Education you
published yesterday a letter from Gov
ernor G. w. Atkinson, advising tho
making of few arrests undar the pro-
visions of the compulsory school law.
and calling us out by name to say that
If we hold that the compulsory school
law does not apply in the Independent.
school district of Wheeling we GER
tainly did not carefully read the Ian
guage of the statute
1t was doubtless because of the Ian
guage of the statute Gncluding "Inde-
pendent Districts") to which the Gov
ernor refers, that our opinion was
sought by a committee of the Board
of Education in 1897, the year in which
that law was passed.
This act was passed as an amend
ment to the general school law, (Chap-
ter 45, of the Code, by the insertion
of its compulsory and penal provisions
as Section 10a"
The Independent school district of
Wheeling was created by special law
passed in 1872. That law declares,
(Section 29), The provisions of the
general school law of the State not in
GUIDED in this act shall not be regarded
as applicable TO the district of Wheel
ing, and all laws and acts heretofore
existing, which are in any manner in
CT ont ha oF !,
act, shall be void within said district"
Ihe general school law (Chapter 45)
was very soon afterward revised by the
Legislature, and Section rs was in
serted, providing that Nothing in this
chapter shall alter or effect the laws
now in force respecting free schools in
the city of Wheeling and the parts of
districts connected herewith"
1t would be useless to go into a dis
cussion of the subject at length; even
the above quotations are not full
enough to furnish foundation for
full and complete understanding of the
matter. Upon a careful examination
of the entire subject, we gave the opin-
ion, in effect, that the compulsory
school law is not applicable to the in
dependent school district of Wheel
ing.
Owing to criticisms and statements
made in the letters of ''Pedagogue" in
the last two or three years, we have
more than once re-examined the sub
ject, but always with the result that
We could not come to different con-
clusion. We know of no lawyer in
Wheeling or elsewhere, who processes
to have examined the question care
fully, (unless it be the Governor), who
holds that the compulsory school law
referred to is in force or enforceable in
Wheeling.
We have permission from the follow
ing attorneys in Wheeling to state that
they concur with us in our opinion
that it is not, viz: William P. Hubbard.
Henry VI. Russell. Messrs. Caldwell &
Caldwell, and the Honorable G. L.
Cranmer.
We recently declined to sign a petit
ton for the appointment OF the Gov
ernor to the new federal judgship now
being created by Congress, which petit
ton was presented to us by the Gov
ernor's former partner The opinion
now given by the Governor on this
legal question and the manner Of Civ
ing it, but confirms US in regard to our
action. ERSKINE & ALLISON.
January IS, 1901