Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1904-12-02
SCHOOL LAW I0
HIVE FAIR TEST
State Educational Department
Will Not Let Shenandoah
Case Stand as Precedent
AS TO INSTRUCTION AT HOME
Case at Shenandoah Was Decided in
Favor Of the Parents on the Ground
They Were Instructins Children at
Home-ReIisious Phase of the
Question.
Question.
Special to Times-Republican.

| Special to Times Republican
| Des Moines. Dec. 2.-The state edu-
cational department has not been idle
while the school officers in Page coun-
ty have been fighting to establish what
| is right in the matter of compulsory
school attendance, where 1t lis claim
! ed by the parents of school children
| that they are giving home instruction.
/ The case at Shenandoah is regarded
| as a remarkable one in many ways.
| But it was hardly q fair test OF the
to stand as precedent At Shenan-
doah pair of religious cranks refused
| to send their children to school, and
| standing trial, showed that they were
! actually giving their children some ed
ucation at home, and the jury, doubt
| less moved by sympathy quite as
much as by justice, refused to convict
| the father. State Superintendent
Riggs had been asked in reference to
| the case and he had submitted ques-
tions to Attorney General Mullan bear
| ing on the course of procedure in such
cases. In his reply, which was made
| too late to be used, in the Shenandoah
| case Attorney General Mullan lays
down some principles which will be of
| interest elsewhere in the state, and for
| other cases which may arise. After
pointing out that the duty of deter
\ int, 1vyba fa nr ma
school is complying with the laws rests
with the president of the school board
4 primarily, and that he should cause an
4 investigation to be made In some man
ner applicable to each case, and that
the branches of education referred to
4 in the statute must be taught in good
| faith. he adds:
"What has been said with reference
to private and parochial schools applies
with full force to children or wards
under private instruction.; and wheth-
er such private instruction is given in
compliance with the provisions Of the
statute is matter which may be in
vestgated by the board Of directors
Of the district to the same ue,stent and
effect as such question may be investi-
gated when it relates to private or
parochial schools. No provision is
made in the statute for the examina-
ton Of private instructor for the
purpose of determining his or her
competency; but the competency Of
such Instructor is involved in the
teaching of the branches required by
| statute and in making an Investigation
for the purpose of determining whether
the statute is being complied with,
the question of the competency of the
private instructor should be inquired
into by the board as one Of the facts
| involved.
"The branches of study which are re-
quired by statute to be taught in the
public, private and parochial schools,
or by a private instructor can only
be taught by a person competent to
teach the same; and 1t necessarily fol-
lows that if the person attempting to
teach such branches IN either case is
incompetent and unable to teach the
same, it cannot be said that the pupils
of the school, or those under private
instruction, are taught the branches re-
quired by statute.
"If. therefore, information should be
brought to the president Of a school
board that any private instructor was
incompetent to teach the branches re-
quired, it would be his duty, either to
make an investigation as to the compe-
tency Of such instructor or to call a
meeting Of the school board to take ac-
| tion in relation thereto, and If upon in
vestigation it was found that the pri-
vate instructor was Incompetent and
unable to teach the branches required,
steps should at once be taken to en-
| force the provisions of the law in re-
lation to having such branches taught
to the pupils under private instruc-
tion."
In the case tried at Shenandoah a
school board committee examined the
children but did not feel warranted in
| having any examination as to the
competency of the parents to teach.
Superintendent Riggs is or the opinion
that in such cases the county super
intendent might with propriety exam
Inc the parents as to their competency
and while it would not be expected of
them that they should take out certi-
ficates to teach yet the examination
should be on the branches referred to
in the statute and to the extent en-
forced in examinations for teachers.
With this rule laid down the cases in
which private instruction by parents
could be accepted as Il substitute for
public school attendance are very few.
This is the first case Of the kind ever
| tried in the state.
The disclosures concerning the Wa
pello bank where the cashier was
found short some $4,000, and has con-
l O
value of new idea now being made
use of in the state banking; depart
ment. In this case, for instance,
bank examiner went over the books of
the bank and found that there was an
| item of something over $4,000 which
| had been carried as "A credit to the
bank in Chicago bank. When this
report was received the state banking
department followed new custom es-
] tablished and sent to Chicago to the