The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1907-09-17
Supt. FairchiId Makes Rulings
on School Census.
Sustains Contentious of Labor
Commissioners johnson.
CAN GET INFORMATION
Important i'm the Enforcement
of Child Labor Laws.
Officers Cooperate to Keep
Children From Packing Houses.

An exchange OF views mas Deen udQe
by letter between W. L. A Johnson.
head OF the state bureau OF labor and
industry and factory inspection. and E
T. FairchiId. state superintendent OF
public instruction. which will work
out. undoubtedly, for more rigid en-
rorcement OF the child labor laws of
the state
IN his letter to Superintendent
FairchfId. Mr. Johnson said in part:
In the enforcement of the child
labor law. which comes under this de-
partment. as you are perhaps aware.
the first certificates required as TO age
are known as the school form and is
absed upon the records of the school
district in which the child resides The
purpose OF this requirement is TO Sc
cure RELAX BILE evidence Of the age Of a.
child, which evidence IS in the nature
or a sworn statement by the parent to
the enumerator Of the school census,
giving the name. place and date of
birth Of every child This affidavit OF
the parent given TO the enumeration
at time when the question Of work
for such child is not in consideration
Is regarded as the most reliable and
trustworthy evidence as to the age of
such child that can be secured and IL
was Tor this reason that the school rec
ords are made the basis of the child
labor certificates in preference to the
AFFIDAVIT Of parent, when the question
OF the labor of such child is in fmme-
date consideration but | find in Ger
tain school jurisdictions the system Of
enumeration consists in the euUmera-
tor taking the name and address of the
pupil the parents name and the YER
Da4 statement OF the age OF such child
without any signature OF parent or
guardian and without the sworn oath
as 10 the correctness OF such statement
Y was informed that this practice
rad obtained some years back This
condition OF affairs undermfues the
enforcement of the child labor law to
such an extent that il is impossible to
bring into the court the sworn state
ment Of the parents 10 the euumera-
tor. which under section s. chapter
42S laws OF 1908. provided for the
sworn statement Of the parent 70 the
enumerator. constitute the school rec
ord upon which the age certificate
shall be based
7 was further informed that the
above method Of enumeration had
been approved by a former superin-
tsudent OF public instruction and that
no blank forms had been furnished 10
the school officers for the purpose of
enumeration
:-This is TO ask you If this method
or system Is legal and permissi5Ee IN
der the law. for it seems to me If the
apportionment Of the state school
fund is made upon the basis Of a mere
verbal statement or casual inquiry
without the sworn statements Of par
ents q grave injustice may be done TO
those school jurisdictions that comply
strictly with the letter OF the law.
II also desire TO ask your opinion
in regard 10 the operation OF the
truaucy law First. whether or not
the appointment Of the truancy Of
1icers is obligatory. and II so. what Of
f1cers are liable for non-appointu1ent2
Secondly. I have found some truaucy
officers who apply themselves wholly
10 maintaining the voluntary school
enrolment emitting and disregarding
children OF school age whose parents
desire them TO be employed at vartO US
ernnIOyneuts. many OF which employ
rrents are without the Jurisdiction of
the child labor law Is this permits
sibIe and what is the remedy
Third I desire to ask you II that
part of section l. chapter SIT. laws OF
1897 prohibiting the employment OF
any child between the ages OF eight
and fifteen years during the session Of
the school year by any merchant
company or other party. under q
penalty Of from $500 10 $500, is en-
forcibIe BY the truancy officers or
NAV actions be brought by any resi-
dent or citizen
Superfntendent Fairchfld's Rulings
In reply TO these questions Superin-
teudenr FairchiId has made the follow
SFfrst-Whether under section s,
chapter 423, laws Of 1903, the census
tzker can be compelled 70 require the
sworn census Of the parent
Under section s. Of the above act
the refusal Of the parent, guardian. or
ether person having charge or control /
OF any child to take the oath or at
frmat ton pertaining 70 the information
required at his hands by said section,
Is a uaisdemeanor and the enumerator
or any citizen may make the complaint
and swear tt. and the prosecution is
bound to follow
-Second-Whetner the appointment of
q truancy officer is obligatory. or
whether any class Of citizen is barred
from acting in such a capacity
No statutory rule bars any citizen
from acting as truancy officer. and
SO we are reIegated TO the common law
rule which is that any citizen may
take and hold as many Offices as are
conferred upon him. unless there Is an
Inherent incompatibiliry-
-'Third-In the event the truaney Of /
fcer does not do his duty what is the
remedy
''Truancy officers are removable at |
the pleasure OF the county superintend- |
ent or board OF education which ap |
points him The county attorney could /
remove him in an action in the nature /
OF quo warranto commenced IN the I
district court.
'-F'ourCE-W neither under section 81. |
laws Of 1907. the terms or that act are