In the absence of proof to the contrary, the legal presumption is that
the proceedings before the county superintendent were entirely regular. 20
The regularity of all the proceedings will be presumed upon. This is
true in an especial sense when the records are more than usually full
and complete..
The punishment of a pupil with undue severity, or with an improper in-
strument, is unwarrantable, and may serve in some degree, to indi-
cate the animus of the teacher..
In applying correction, the teacher must exercise sound discretion and
judgment and should choose a kind of punishment adapted not only
to the offense, but to the offender..
Right to inflict upon pupils. The right of the parent to restrain and
coerce obedience in children applies equally to the teacher, or to any
one who acts in loco parentis....
The use of the rod is allowable as a last resort.
The only proper means of affirming the right to exercise the privileges
of an office, or to contest the illegal exercise of the same, is set forth
in sections 3345-3352..
The official record is its own best evidence. Testimony intended to con-
tradict the record should not be admitted.......
In the absence of the allegation of fraud, testimony to contradict or in-
peach the records of the district cannot be received....
The board may at any time amend the record of the district, when nec-
essary to correct mistakes or supply omissions. And may upon proper
showing be compelled by mandamus to make such corrections....
The record of the secretary must be considered as evidence, unless there
is proof of fraud or falsehood......
The record of the secretary shall be considered as evidence, and cannot
be invalidated by parol evidence unless there is proof of fraud or false-
hood................
Impeachment of. Records not made and certified to by the proper officers
as required by law are defective and may be impeached by collateral
evidence.
To justify the granting of a new trial, a reasonable doubt must arise in
the mind of the officer to whom application is made, as to the absolute
correctness of his former conclusions...
To warrant a rehearing, some valid reason must be urged.
To obtain a rehearing the necessity must be clearly shown..
A new trial should be refused unless cogent reasons are produced, caus-
ing doubts to arise as to whether the merits of the case were fully and
fairly set forth at the former hearing. The reasons urged must pre-
sent a strong probability that a modification of the previous decision
might be found to be desirable.....
When the evidence discloses that the action of the board was an unwise
one, and the facts are not sufficiently shown to determine what should
be done, the case should be remanded to the board..
REMANDING OF CASES-CONTINUED—
Unless the transcript indicates clearly the manner in which the board
understand the expression of the electors, an appellate tribunal on the
trial will be compelled to remand the case to the board for a more
definite action....
REVOCATION OF TEACHER'S CERTIFICATE-
The order of a county superintendent revoking a certificate will not
be interfered with on appeal unless it appears that he acted from
passion or prejudice....
Opinions unsupported by facts cannot be received as satisfactory evi-
dence of prejudice...........
A teacher's certificate can be legally revoked only upon proof of charges
of which he has had personal notice, and against which he has had the
opportunity to make his defense.
A person addicted to the use of intoxicating liquors who even occasion-
ally becomes intoxicated is not likely to promote correct moral teach-
ing in the public schools by his example, nor to possess such moral
character as to entitle him to a teacher's certificate..
The county superintendent may refuse to entertain a petition for the
revocation of a teacher's certificate.....
The power to prescribe rules and regulations for the government of the
board is not a function of the electors...
A rule adopted by the board, and not a provision of law, may be modi-
fied at the option of the board.....
Boards of directors and their agents, the teachers, may establish reason-
able rules for the government of schools and the control of pupils... 49
The teacher has the right to require the pupil to answer questions which
tend to elicit facts concerning his conduct in school.......
The pupil is answerable for acts which tend to produce merriment in the
school or to degrade the teacher....
Open. violation of the rules of the school cannot be shielded from inves
tigation under the plea that it invades the rights of conscience...................
In establishing and enforcing regulations for the government of schol-
ars, the board have a large discretion......
The salary of teachers should be in proportion to their ability and
responsibility, and not equal when these circumstances differ mate-
rially ...
The control of salaries is wholly within the power of the board and can-
not be determined by an appeal, because it is not within the jurisdic-
tion of county or state superintendent to order the payment of money 73
SCHOOL FUNDS-
Disbursement of. The treasurer is the proper custodian of all funds, and
can legally pay them out only upon orders specifying the fund upon
which they are drawn and the specific use to which they are applied. 40
SCHOOL-HOUSE-
Removal of. A vote of the electors of a subdistrict to remove a school-
house will not compel the board to act affirmatively in relation thereto. 37
Removal of. The board may legally remove a school-house from one sub-
district to another only by vote of the electors.......
When the electors have voted to remove a school-house from one sub-
district to another the board must execute such vote, if in accordance
with law; from their action in so doing no appeal can be taken......
Removal of. The removal of an old house away from the geographical
center and away from the center of population, without special and
strong reasons therefor, is an abuse of the discretionary power of the
board...
Power to build. There is no limitation in law as to the number of scholars
to be accommodated, in order that the board may provide a school-
house.
It is important that a school-house be located on a public road, and as
near the center of the subdistrict as practicable....
Location of. The action of a committee appointed by the board to locate
a site is of no force until officially adopted by the board while in session. 58
Subdistrict boundaries cannot be changed upon an appeal relating solely
to the location of a site, nor can a site be located with the expectation
that the boundaries will be changed, unless such is shown to be the
intention of the board.....
The prospective wants of a subdistrict may properly have weight in
determining the selection of a site, when such selection becomes neces-
sary, but not in securing the removal of a school-house conveniently
located for the present......
To make a distinction between the children of freeholders and those of
tenants in determining the proper location for a school-house, is con-
trary to the spirit and intent of our laws......
The necessities of the present must be observed in locating school-house
sites, in preference to the probabilities of the future......
Location of. The location of a school-house can be dependent upon a
change of boundaries only when it is shown in evidence that it is the
definite and positive intention to make such a change...
68
The choice of a school-house site by the electors has no binding effect... 70
A school-house site fixed by county or state superintendent affirming the
discretionary act of the board, allows the board to exercise their dis-
cretion again, especially if material changes have occurred.....
The endeavor to show regard for the expressed wishes of the electors in
the choice of a site, will be an added reason in support of the action of
the board....
Proper location of. Depends upon form of subdistrict..
When purchased by the board the provisions of sections 1825-1828 do
not apply.....
Location of. The condition of matters in the subdistrict should govern
the location of the house. The attendance of parties from an adjoin-
ing subdistrict should not determine the change of site................
It is manifestly unwise for the electors to express any preference for a
site, by a vote. The remedy of any one aggrieved by the action of the
board is appeal...
SCHOOL-HOUSE SITE-CONTINUED-
The board are bound to take into account any special reasons existing
which favor a particular location, and a vote of the electors to expend
school-house funds in a certain specified manner, may not with safety
be disregarded....
A village in a subdistrict has special claims favoring the selection of a
site within its limits. The element of distance to be traveled by some
is largely overcome by the advantages of a location in the town...............
When purchased, the provisions of section 1825 do not apply. The dis-
trict stands in the same relation to the public and to individuals, in
this respect, as do other corporations, and may purchase and convey
real estate accordingly ....
Relocation of. When it is the evident intention of the board to relocate
the site as near as possible in the center of the subdistrict, in order to
furnish equal school facilities to all residents, their action should not
be materially interfered with....
All taxes voted by the district township meeting must be apportioned
among the subdistricts. Any part of the tax voted by the subdistrict
meeting which the district township neglects or refuses to grant, must
be certified and levied upon the subdistrict. The board have no
option but to obey the requirements of the law..........
Must be certified, collected, and expended, in accordance with the vote
of the electors....
The board may not refuse to expend school-house funds for the purposes
for which they were voted....
When improperly issued by the board, the proper remedy is an injunc-
tion from the civil courts....
The law is to be construed in the interest of the child. The actual resi-
dence of the scholar at the time will establish the right to attend school
free of tuition..
The subdirector may expend money in his subdistrict only in the man-
ner authorized by the board.....
Size of. It is better to have large subdistricts with good school-houses
well furnished, than small subdistricts with undersized and poorly fur-
nished school-houses.......
Size of. There are very many serious objections to the formation of small
subdistricts....
Should be, if possible compact and regular in form. In well populated
district townships, two miles square is considered a desirable area for
each subdistrict.....
A subdistrict is not a corporate body, and has no control of any public
fund......
Other things being equal, both territory and school population should be
about equally divided among the subdistricts of a district township... 54
One subdistrict should not differ greatly from the average subdistrict of
the district township both in territory and school population....
SUBDISTRICT-CONTINUED-
Form of. It is very important that subdistricts should be regular in form,
and that where it is possible, school-houses should be located at or
near geographical centers...
The board may not redistrict so as to abolish a subdistrict, with in-
tent to prevent the building of a house provided for by the electors... 90
Form of. The board should be encouraged in forecasting a general plan
looking toward an ultimate regularity in the form of subdistricts..... 132
SUBDISTRICT BOUNDARIES-
Change of. In changing subdistrict boundaries, both the present and the
future welfare of the district should be considered....
Change of. The acts of a board changing subdistrict boundaries and lo-
cating school-houses are so far discretionary that they should be
affirmed on appeal, unless it is shown that there has been an abuse of
discretion....
Subdistrict boundaries can be changed only by affirmative vote of a ma-
jority of all the members of the board.....
Change of. A case involving a change of subdistrict boundaries, having
been adjudicated by the county superintendent reversing the action of
the board, and being affirmed by the superintendent of public instruc-
tion, cannot again be brought upon appeal, unless it can be shown that
some change materially affecting the conditions of the case has taken
place since the date of the former decision....
A subdistrict long established, embracing a territory having a sufficient
number of scholars to maintain a good school, should not be abol-
ished, unless the general school facilities of the township will be im-
proved thereby....
The boundaries of subdistricts may be changed or new subdistricts
formed, only at the regular meeting of the board in September or at a
special meeting held before the following March..
Suspension or expulsion of a scholar, in an independent district, requires
the action of the board by a majority, and the concurrence of the presi-
dent..
TEACHER-
Right of, to inflict punishment upon their pupils. A school-master who
stands in loco parentis may, in proper cases, inflict moderate and rea-
sonable chastisement. The law confides to teachers a discretionary
power in the infliction of punishment upon their pupils, and will not hold
them responsible criminally, unless the punishment be such as to occa-
sion permanent injury to the child, or be inflicted merely to gratify
their own evil passions...
The teacher is responsible for the discipline of his school, and for the
progress and deportment of his scholars. It is his imperative duty to
maintain good order and require of all a faithful performance of their
duties. If he fails to do so he is unfit for his position. To enable him
to discharge these duties effectually, he must necessarily have the
power to enforce prompt obedience to his requests. For this reason
the law gives him the power, in proper cases, to inflict corporal pun-
ishment upon refractory scholars
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