The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1910-04-26
Ancient Aid to Teaching
Finds Way to Supreme
Tribunal.
UNRULY PUPIL,
IRATE MISTRESS
Combination Causes Trouble
Which Has B cen Fought
Through Various Courts Up
to the Very Fountainhead
of Legal Wisdom for
Final Adjustment.

washington, D. C., April 25.-Is the
tune 'of the hickory stick" In the
teaching of "readin' and 'ritin' and
.rithmetic,n to be given the moral
support OF the supreme Court Of the
United states? That is one of the
questions 1T viii be called upon to de-
cide between now and vacation days
II the court gives its approval 70
this ancient method of discipline, An
ME Kelley an Illinois schoolmistreas
Will escape from school sauabhle
with no greater punishment than hav-
ing been declared a bankrupt II the
court possibly with a memory OF inc
days OF yore, puts it's foot down on
corporal punishment, she probably VIII
nave to 20 To iail for fogging one on
her pupils. Never before in the his
tory of the court. 1t Is said. has 1t
been confronted with such question.
The Sins of Michael.
In 1906 Miss Kelley was teaching IN
the primary department Of the pubic
schools OF Tolono. Champaign county,
Hi. II would appear from a brief MISS
Kelley has just filed in the Supreme
- l
ysar-old lad in her school. was not
obeying the injunction of just before
Christmas and being Just as good as
he could be In the presence of the
school, on December s, 1905. so MISS
Kelley tells the court ne comm tied
n breach OF proper decorum by using
indecent, vulgar and prorane language
at and toward your petitioner and
Jerking her upon the floor and while
in that position striking and kicking
your petitioner"
The teacher took Michael to the
principal, according 10 her statement,
and asked him n he was sorry.
NO" she says ne responded.
When she asked him If he would
be a good hoy he made no answer. SO
she says
Then. after The principal had or
dered her % caastsso Michael !, she
flogged him with pointer and the
state courts in Illinois found that
she did not stop with the job half
completed In faos- when the Burkes
brought a suit for damages against
her. alleging trespass and other
things, the State courts on general
verdict rendered a judgment against
Miss Kelley.
But the school mistress tells the
said Michael Burke she was not mad;
that the chastisement was neither will
full, wanton nor malicious, and that
her only purpose In chastising the said
Michael Burke was for his betterment
and the best interests OF the school"
Declared n bankrupt.
After the judgment was procured
against her Miss Kelley was declared
a bankrupt On the ground that tho
national bankrupt law does not dis
charge person from payment of a
debt incurred through the committing
OF .'wilful and malicious injuries to the
person or property of anothar." Miss
Kelley was arrested under an Illinois
statute for failure to satisfy the judg
ment. She went into the Federal
courts for her discharge.
The District Court of the United
States. Eastern District of Illinois, ad-
mitted testimony offered by Miss kel-
ley TO show that this was not a debt
incurred through wilful and malicious
injuries. and the court found 1t was
not. Such procedure did not meet
with the approval of the Circuit Court
Of Appeals for the Seventh Circuit, and
the judgment was reversed.
The majority of the court thought
that the Judgment of the State co t
was final on the matter. and that the
new testimony as to the origin of he
Judgment should not have been Of
fered. Judge Grosscup dissented,
holding that as the verdict In the
State court was general the jury may
not have found the woman guilty of
having inflicted wilfu1 and malicious
injuries. but of merely inflicting a
mere excess OF force
Miss Kelley has asked the ASupreme
Court to review her case.