River Falls journal. [volume] (River Falls, Pierce County, Wis.) 1872-2019, 1914-03-26
POPULAR TALKS on LAW
Continued from First Page)


to the door of the school and that
then, and only then. the masters
authority commenced. 1t cannot
be that such duty or power ceases
the moment that the pupil leaves
school for home Parents do con-
template such an exercise of au-
thority by the schoolmaster. The
principle shows that the author
ity delegated to the schoolmaster
is not limited to the four walls of
the SCHOOL,
Generally speaking, after pu-
pill has arrived home he is entirely
within the control of his parents
and the teacher has no control
over his acts and may not punish
for anything he may do while en-
tirely within the parents control.
Certain exceptions to this rule are
recognized, as an early Vermont
case shows. One evening the pu-
pill was driving home his fathers
cows, together with other pupils.
They passed the teachers home,
and the boy caalled him cold Jack
Seaver." The next morning when
school opened Seaver repremand
ed the boy for the insulting lang
uage and then whipped him. The
boy brought action for assault and
battery.
The court said: "There seems to
be no reasonable doubt that the
supervision and control of the
master over the scholars extends
from the time he leaves home to
go to school until he returns home
from school. When the child has
returned home to his parents con-
troll, then the parental authority
is resumed, and the control of the
teacher ceases; and then for all
acts of misbehavior the parent
alone has the power to punish. 1t
is not misbehaviOr generally, or
toward other persons, or even to-
ward the master in matters in no
way connected With or affecting
the school. For, as to such mis-
conduct, committed by the child
after his return home from school,
we think the parents, and they
alone, have the power of punish
ment. But when the offense has
direct and immediate tendency
to injure the school and bring the
masters authority into contempt,
as in this case, when done in the
presence of other scholars and of
the master, and with a design to
insult him, we think he has the
right to punish the scholar for
such acts if he comes again to
school,"
The right of expulsion or sus-
pension is generally in the school
board, which may inflict either of
these punishments for breaches of
the reasonable rules Of the school.
Continued absence without excuse,
characterization, disobedience are
familiar and proper causes of ex-
pulsion and suspension. But these
punishments may not be lawfully
imposed arbitrarily and without
proper reason, nor for the breach
of unreasonable and unnecessary
rules.
It has been held that a teacher
or school board has no right to
forbid student to attend a social
party after school hours. The
school authorities have been sup
ported by the courts, however, in
their war upon fraternities, soro-
rites and other secret societies
connected with the school. Where
these organizations have a discip-
line and scholarship, it is held that
the school board may forbid pu-
pills belonging to them. even
though they secure the consent of
their parents and the organiza-
tons meet outside of the school
premises and after school hours.
School boards may also forbid pu-
pills to engage in athletic sports
under the auspices of the school
or under the school name.
Copyright, 191S,, dy Walter K.
Touor1