Madison County Democrat. (London, Ohio) 19??-1958, 1950-01-06
COURT SETS ASIDE SCHOOL BOARD
RULE AGAINST MARRIED STUDENTS

Inc unWrItten rule OF Ine Lon
don Board of Education against
| married students attending school
has been set aside by Judge Geo.
rye w. Mcdowell, of the High
land county common pleas court,
| Hillsboro, in an opinion sustain
ing a demurrer in the mandamus
action entered in the Madison
county court some weeks ago by
Joseph S. Martin on behalf OF
!! Joseph S. Martin Nv of London.
The case was assigned to Judge
Mcdowell by the chief justice of
the Ohio Supreme Court at the
request of Madison County COM
mon pleas Judge, James F. Bell.
Young Martin is the grandson Of
court of appeals Judge. Roscoe G.
Hornbeck
The action was instituted
against the Board of Education
and Supt. J. j. Hartley to permit
Martin TO continue his high school
education in the London school
following marriage on or about
Feb. 19, 1949.
The Board of Education's an
swer in the case admitted the
rule and reasons for it and that
Martin had been refused the pri-
vilege of attending the school.
Counsel for the Martins then en-
tered a demurrer in the case
claiming the answer failed to con-
stitute a defense.
[ In his opinion Judge Mcdowell
{ cited sections of the General Code
of Ohio concerning the right of
school boards to make certain
rules and regulations; the compul-
t sorry school law on children six
to Is years of age; a section stat
! ing that schools shall be free to
: all residents six to q years OF
age; another section providing
I that,
:
r NO pupil shall be suspended
y from school by superintendent
or teacher except for such time
as is necessary to convene the
Board of Education, nor shall ont
be expelled except by majority vot,
of the full membership of sucl
board, and after the parent O
guardian of the offending pupi
has been notified of the proposet
! expulsion, and permitted to b,
: heard against it. No pupil shall b,
suspended or expelled from an.
school beyond the current tern
- thereof"
n Also cited was another opinion
referred to by counsel and uset
# in case against the CLEVELAND
i Board of Education which in par
;. stated,
: the duty of teaching ant
y developing the youth is vested il
. the school authorities, and thei
= discretion will not be interferret
= ! with by courts unless plainl,
= abused. But the right to be educ
- ated in the schools belongs t
y the people, and is vested in tn
law, over which no board of ed
ucation has the discretion to in
terfere or not, according to it
|, notions as to the future conduc
| of the pupil receiving instruction
in the schools. The law grantin
the right is superior to the boar
- OF education and superior to tn
courts"
In concluding his opinion Judg
Mcdowell stated,
The marriage contract is pre-
Sumed to be the most solemn an
sacred in the land. Whether
is harmful to persons of tende
years who enter into such a cor
a tract before completing their &c
m ucation would of course rest upo
as the individual case. For some
of might be detrimental, to other
it might have stablizing affec
a. We are unable to say that til
:, mere fact of entering into such
- contract should deprive one of tf
right to obtain an education
our free public schools. If it
VI. the general belief among scho,
ip officials that married persor
ed should not be allowed to after
ed school then they should make TIL;
known to the state legislature i
stead of proceeding. as we believ
nc contrary to the statutes now
IL force.
"a, IAN entry accordingly vii
vi proper exceptions may be submit
H. ted sustaining the demurrer ar
as entering final judgement.
to- ~sn&,sson ennIn