The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1907-02-26
Honolulu, Hawaii. Feb. IS, 1907

Honolulu, Hawaii, Feb. 25. 1907.
on;nion No. 49, In re construction TO
be placed upon Sections 200, 30 ana
911 of the Revised Laws of HAWAII,
for the year 1905.
Honorable W. Fl. Rabbit, Superfntend,
emf of Public Instruction, Honolulu.
T. II.
Dear Sir: In response to your request
for the opinion of this Department OF
date January Is, 1907, as to the con,
struction to be placed upon Sections
200. 21O and 211 of the Revised Laws OF
Hawaii for the year 1906, we give you
the following advice relative to TINS
questions propounded by you:
The law places the obligation on youl
Department to see that every private
school sought to be established within
the Territory of Hawii makes aplica,
ton for permission so to do as pro-
vided by Section 209. Your Depart"
ment has no power to compel schools
already established which have not
complied with law in the matter or
their obtaining permission so to do, to
now obtain such a permit. The sec
tions referred to cannot be enforced by
any penal prosecution. II capable OF
=
probably the only remedy that could De
invoked. The powers in the sections
named conferred upon the Department
of Public instruction are such as might
very properly be exercised by it, and
some of the powers therein contained
come well within the police power OF
the Territory, for instance, the power
tn establish rules and regulations reia-
|
prescribing that teachers of private
| schools should be persons of good moral
character. If it is desired to nave
/ rules and regulations that are enforce
able as set forth in the sections named.
such a result might be attained by re.
ouiring all persons before taking Ut
| the profession of teaching to have =
license issued under proper rules anc
regulations by your Department pre-
scribed.
While your Department is, by the
| sections referred to, given the power
/ To make rules and regulations relative
/ 70 sanitary conditions and hygiene, ye'
Won are not required SO to do, and may
RELY upon the Board of Health's exam
nation of school premises and sanitar,
conditions If you so desire
The object. of our present school law
! ca far as compulsory education Is con
cerned. is attained by the attenoahe
| of children at public or private scnooi
where English is taught within IN
Territory of Hawaii. II the parent
Of s1aeh scholars desire that, in addi
ton to the schooling prescribed by law
such children should have other an
| different educational facilities, whethe
| in foreign languages or in subjects no
| taught in the common schools, there
no reason why the same should not
| nermitted In fact, any attempt |
l nrexent the attendance of children 9
| schools other than those provided
the government, provided that sue
child comply with the law in regard
attendance at public or private sehoo
1vitbin the Territory where English
Taught. would be a violation OF IL
constitutional rights Of the citizens an
III residents of the Territory
III The word school is dehhed ns ~.
| vier Vol. 2, page s57, as being AN y
| stftutfon of learning Of lowe ga'
tban a college or university A Iia'
II Of primary instruction.
section 2os OF the Revised Laws pr