Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1910-04-07

Ilish course, sought to be established
by the town. was in all particulars
lcomplete or not. because the statute
expressly provides that any youth,
when lie IS prepared to pursue four
years course of study, must pursue
the: course prescribed by the town.
/ am of the opinion that the statute
never contemplated that the pupils IN
a town should. have the right to de-
rnand the establishment of a College
Preparatory course in a Free High
school esta bfished by the town, when
the town. by prescribing an English
course, intended thereby TO fulfill the
standard required by the statute. Tn
der the circumstances if one or more
pupils in town desired to pursue
course of study not prescribed by the
town, they would be obliged ii thes
did 50 elsewhere, to act upon their own
responsibility and not upon that u
the town.
1t appeared in evidence before me
that the pupils for whose tuition TINS
suit was brought, desired to pursue tiie
College Preparatory course. IL Is eNl-
dent that had the town of AlDloH es
tablished the English course, III eAac'
accord with the statute. It Would nave
afforded no benefit TO these particular
pupils. am, therefore, of the opinion
inas,nuch as the town of Albion I'M
der took in good faith to establish an
English course Of study, even though
there might have been some dehcleh-
cies that the statute should not be so
strictly construed on account of such
hnt a ~ ~
against the town for the tuition of stu
dents elsewhere, when, if the English
course has been~complete. they could
have derived no benefit from it.
BY emitting 10 determine the ques-
ton of fact, / by no means intend TO
saw that the town failed to establish
the courses of study required by the
statute. 1t would be very difficult to
define "a secondary school of standard
grade in this State r. $. Chap. 10,
Sec. 50 says: 1.-THE course of study III
the Free High schools shall embrace
the ordinary English academic studies
which are taught in secondary schools
especially the natural sciences in their
application to mechanics, manufac-
lures and agriculture: ~but the ancient
or modern languages and music shall
not be taught therein except by direc-
ton OF tho experimenting school COM
m:ttces having supervision thereof.
While the State superintendent sug-
.estcd both Il College Preparatory
course and an English course, cltnef
of which were excellent, they are by
no means conclusive upon the town
as a matter OF law. / presume that
there are scarcely two Free High
schools in the state which have cstab-
lished identical courses OF study. or
which have fully adopted the courses
prescribed by the State superintend-
ent of schools. II would therefore re-
uuire a very critical ANALYSIS TO ne
termine whether the town of ALBION
sustained secondary school OF
standard grade"
While / am inclined to the opinion
that. under the circumstances, they
did maintain such a grade. nave not
deemed it necessary in view OF my
of the statute to make
the analysis eXacted.
In nv opinion when a town has at
tempted in good faith to establish in
its Free High school four-years Eng
fish course of study it is not tal1
of the Statute to ho'o
that pupil. VINO desires to take a
College Preparatory course which the
town is not obliged to supply. should
be permitted to take advantage Oh
some deficiency in the English course.
which in no way has resulted to his
injury, as basis for charging the
town for tuition when if the deticien-
cv had not existed. he could not have
done so.