School

A place for instruction, particularly for the young. In the constitution of California, " schools " refers to common or public schools, such as are organized for the sole purpose of disseminating knowledge and imparting scholastic instruction.* Common or public schools. Schools supported by general taxation, open to all free of expense, and under the control of agents appointed by the voters. * The phrases are never applied to the higher seminaries of learning, such as Incorporated academies and colleges.' All schools established as part of the general system of popular education, and open and free to all children and youth who are of proper age and other qualification. Does not include private schools supported and managed by individuals." " Common " denotes that the schools are open and public to all. " Common " and " public " are used interchangeably. "School" does not imply a restriction to the mdiments of an education.' The words '* common schools " have in themselves no definite meaning.* 1 Story, Eq. PI. §§ 269-70. a See 109 U. S. 532, 533, 569; 91 N. Y. 639. s Mc Kinney v. Griggs, 6 Bush, 417-18 (1869), Williams, Chief Justice.

Aid Society v. Eeis, 71 Cal. 631 (1887), Foote, C. 5 Merrick v. Amherst, 12 Allen, 509 (1866), Bigelow, Chief Justice.

Jenkins v. Andover, 103 Mass. 98-100 (1869), Chapman, C. J. See also People v. Board of Education of Broofclyn, 13 Barb. 400, 410 (1851),— in which a " Roman Catlnlic Orphan Asylum " was held not to be a common* school. 'floach V. St. Louis, 77 Mo. 487 (1883), Ray, J. School-house. A house for instruction.; any building in which a school is kept.i Separate schools. Schools for the education of the children of a sect or race; particularly, schools exclusively for the children of African parents, — sometimes called " colored" schools. The question as to the constitutionality of laws providing for separate schools does not arise under the clause in the Fourteenth Amendment which prohibits the States from enacting "any law which shall abridge the privileges or immunities of citizens of the United States," since this clause refers exclusively to privileges enjoyed by individuals as citizens of the United States. Education has not been made a matter of national, but of domestic, concern. Unless the constitution of a State directs otherwise, its legislature is not required to adopt any system of public instruction at all; but when it has once established a system, the clause in the Amendment which forbids a State to deny to any person "the equal protection of the laws" controls the exercise of power over the enjoyment of the rights conferred by the system. The weight of authority is that it is still left to the legislatures to provide for the maintenance of separate schools for children of African parentage. The reasoning is that equality does not necessarily imply identity of i-ights. All decisions, however, hold that the schools, if separate, must afford equal advantages.'' A law is unconstitutional which, while taxing whites and blacks alike, directs that only the money collected from the blacks shall be used to sustain their schools, the whites thereby enjoy ing superior school facilities. The act of Kentucky of February 23, 1874, establishing a uniform system of common schools for colored children, is unconstitutional, because, by implication, it excludes negro children from a, share in the proceeds of the common-school fund set apart by the conto the common-school systems, of the States, see 2 Kent, 195-201. ' Luthe II. Farmers' Mut. Fire Ins. Co., 65 Wis. 546, 548 (1882); — in which insurance placed upon a dwelling-house, converted into a school-house, was held void as upon the school-house, the same not having been continued upon the " school-house " by a majorivote of the members of a town company, as required by law.

2 See United States v. Bun tin, 10 F. R. 730 (1882); ib. 736, note; Bertonner v. New Orleans, 3 Woods, 177, 180 (1878); Roberts v. Boston, 5 Cusb. 198 (1849); Dallas v. Fosdick, 40 How. Pr. 240 (1869); County Court v. Robinson, 27 Ark. 116 (1871); State v. Mc Cann, 21 Ohio St. 198 (1871); People u Easton, 13 Abb. Pr. 150 (1872); State V. Duffy, 7 Nev. 342 (1872); Ward v. Flood, 48 Cal. 36,41 (1874)- Cory v. Carter, 48 Ind. 329 (1874): People i'. Gallagher.(Brooklyn), 93 N. Y. 433 (1883); 95 U. S. 501-6. Contra, Clark v. Muscatine, 24 Iowa, 270 (1868); Dove V. Keokuk, 41 id. 689 (1875); People v. Detroit, 18 Mich. 400 (1869); Chase v. Stephenson, 71 111.

38) (1874); Board of Education v. Tinnon, 26 Kan. 1 (1881); Kaine v. Commonwealth, 101 Pa. 493 (1SS3): Act 8 June, 1881. stitution, as well as from the annual tax levied on the property of white persons for school purposes. Every man is Interested in the education of the children of his community: his peace and quiet, his happiness and property, are largely dependent upon the intellectual and moral training which it is the object of public schools to supply. Hence the right to tax for maintenance of schools.' The practice of setting apart section sixteen of every township of public lands, for the maintenance of public schools, is traceable to the Ordinance of I'TBS, the first enactment for the disposition by sale of the public lands in the western territory. The appropriation for that object became a fundamental principle by the Ordinance of 1787, which settled the terms of compact between the people and the States of the northwestern territory, and the original States. One article affirmed that " religion, morality, and knowledge " are " necessary for good government and the happiness of mankind," and declared "that schools and the means of education, should be forever encouraged." This principle was extended, first by enactment (1 St. L. 550, § 6), and again, in 1802, by the compact between the United States and Georgia, to the southwestern territory. There is a definite purpose declared to consecrate the same central section of every township of every State which might be added to the Federal system to the promotion of these objects. Reservations of minerals were not made out of that section. On the subject of corporal punishment in schools, see the cases cited to this paragraph,* and Punishment, Corporal.

See abode; Axcohol; Appendage; Bond; Charity, 2; CoLLE&E, 2; Education; Lectures; Sectarian; Seminary; Teacher; Tuition; Worship.