a due regard for the interests of the child will always require it, in greater or less degree. It is not claimed that every pupil attending the high school must pursue every study taught therein, and, manifestly, in the absence of legislation expressly requiring this, a regulation to that effect would be regarded as arbitrary and unreasonable, and could not therefore receive the sanction of the courts. Conceding that all the branches of study decided to be taught in the school shall not necessarily be pursued by every pupil, we are unable to perceive how it can, in any wise, prejudice the school, if one branch rather than another be omitted from the course of study of a particular pupil." Further, upon the same question, the learned chief justice says: "It is possible that a father may have very satisfactory reasons for having his son perfected in certain branches of education to the entire exclusion of others; and so long as, in exercising his parental authority in making the selection of the branches he shall pursue, none others are affected, it can be of no practical concern to those having the public schools in charge.'

The foregoing cases, it seems to us, state the true rule, and there are no provisions in our constitution or laws that make it inexpedient to apply it here. Our laws pertaining to the school system of the State are so framed that the parent may exercise the fullest authority over the child without in any wise impairing the efficiency of the system. The only decided departure from the common-law rule is the section of our constitution providing for the compulsory attendance at some public or other school, unless other means of education are provided, of all the children of the State who are sound in mind and body, between the ages of 8 and 16 years, for at least three months in each year. Blackstone says that the greatest duty of parents to their children is that of giving them an education suitable to their station in life; a duty pointed out by reason, and of far the greatest importance of any. But this duty at common law was not compulsory; the common law presuming that the natural love and affection of the parents for their children would impel them to faithfully perform this duty, and deeming it punishment enough to leave the parent, who neglects the instruction of his family, to labor under those griefs and inconveniences which his family, so uninstructed, will be sure to bring upon him. (Lewis' Blackstone, book 1, sec. 451.) Our constitution provides for compulsory education; but it leaves the parents free to a great extent to select the course of study. They may send their children to public schools and require them to take such of the studies prescribed by the rules as will not interfere with the efficiency or discipline of the school, or they may withdraw them entirely from the public schools and send them to private schools, or provide for them other means of education.

Under our form of government, and at common law, the home is considered the keystone of the governmental structure. In this empire parents rule supreme during the minority of their children. After speaking of the power of parents over their children under the civil law, Judge Blackstone, in his commentaries, speaking of the corresponding power under the common law, says: "The power of a parent by our English laws is much more moderate, but still sufficient to keep the child in order and obedience. He may lawfully correct his child, being under age, in a reasonable manner, for this is for the benefit of his education. The consent or concurrence of the parent to the marriage of his child under age was also directed by our ancient law to be obtained; but now it is absolutely necessary, for without it the contract is void. And this also is another means, which the law has put into the parent's hands, in order the better to discharge his duty." (Lewis' Blackstone, book 1, secs. 452, 453.) Again, in section 453 the learned commentator says: "The legal power of a father-for a mother, as such, is entitled to no power, but only to reverence and respect the power of a father, I say, over the persons of his children, ceases at the age of 21, for they are then enfranchised by arriving at years of discretion, or that point which the law has established, as some must necessarily be established, when the empire of the father, or other guardian, gives place to the empire of reason. Yet, till that age arrives, this empire of the father continues even after his death, for he may by his will appoint a guardian to his children. He may also delegate part of his parental authority, during his life, to the tutor or schoolmaster of his child, who is then in loco parentis, and has such a portion of the power of the parent committed to his charge, viz, that of restraint and correction, as may be necessary to answer the purposes for which he is employed." It is clear that neither the statute nor common law gives to the teacher or school officers the exclusive authority they claim in this case over the children of the patrons of the public schools, unless they get it upon the theory that the mere act of sending the children to school amounts to a delegation of the parental authority which the law of the land places in the hands of the parent; but this contention is fully answered by Mr. Justice Cole in Morrow v. Wood, supra: "Whence," asks the learned justice, “* did the teacher derive this exclusive and paramount authority over the child, and the right to direct his studies contrary to the wish of the father? It seems to us it is idle

# *

to say the parent, by sending his child to school, impliedly clothes the teacher with that power, in a case where the parent expressly reserves the right to himself, and refuses to submit to the judgment of the teacher the question as to what studies his boy should pursue."

We have made careful examination of the authorities directly in point on the question presented by the record here and have found that the courts of last resort of four States have passed squarely upon it. Three of the States, Illinois, Nebraska, and Wisconsin, sustain our views. A case from Indiana (State v. Webber et al., 108 Ind., 31; 8 N. E., 708; 58 Am. Rep., 30) seems to take the contrary view. Mr. Chief Justice Howk, who delivered the opinion of the court in State v. Webber, supra, based his opinion upon the fact that the parent did not assign any cause or reason why his son should not participate in the musical studies and exercises of the high school, and that therefore it may be fairly assumed that he had none. We believe the presumption ought to be the other way. There are certain virtues that may safely be attributed to the generality of mankind, among which are love of country and love of offspring. The perpetuation of the public school system of the State is probably as dear to the defendants in error as it is to the plaintiffs in error, and their interest in its efficiency, discipline, and course of study as deep. They undoubtedly approve of the entire curriculum, except the singing lessons. We think it would be a reversal of the natural order of things to presume that a parent would arbitrarily and without cause or reason insist on dictating the course of study of his child in opposition to the course established by the school authorities. A better rule, we think, would be to presume, in the absence of proof to the contrary, that the request of the parent was reasonable and just, to the best interest of the child, and not detrimental to the discipline and efficiency of the school. The school authorities of the State have the power to classify and grade the scholars in their respective districts and cause them to be taught in such departments as they may deem expedient. They may also prescribe the courses of study and text-books for the use of the schools, and such reasonable rules and regulations as they may think needful. They may also require prompt attendance, respectful deportment, and diligence in study. The parent, however, has a right to make a reasonable selection from the prescribed course of study for his child to pursue, and this selection must be respected by the school authorities, as the right of the parent in that regard is superior to that of the school officers and the teachers.

Counsel for plaintiff in error has cited several other cases to support his contention; but the ones we have heretofore noticed are all that, to our mind, are directly in point. Donahoe v. Richards et al., 38 Me., 376, was a case where a pupil was expelled for noncompliance with a rule requiring a scholar to take part in the Bible exercises, although the pupil was willing to read from the “Douay" version. The parent brought an action on the case for sucn expulsion. It was held: That the parent could not recover, as there was no act done by which the ability of the child to render service was diminished; that the school was for the benefit and instruction of the pupil; that, if the pupil's rights have been violated, she alone was entitled to compensation. Another case often cited in support of the contention of appellant is Spiller v. Woburn, 12 Allen (Mass.), 127. In that case it was held that damages could not be recovered where a pupil was expelled from a public school for refusing to comply with a regulation requiring the pupils to bow their heads in morning prayer exercises, unless the parent of the pupil should request that such pupil be excused therefrom. The parent declined to make any request and directed his child not to obey the rule. It was held that the regulation was a reasonable one in the interest of quiet and decorum, and did not infringe on the religious liberty of the pupil.

It would serve no good purpose to note further this line of decisions. They are so different from the case at bar that they are valueless as authority upon the exact question involved. The difference between that class of cases and the case at bar is illustrated by McCormick v. Burt et al., 95 Ill., 263, 35 Am. Rep., 163, one of the States followed by us in this opinion. In that case it was held that the expulsion of a pupil for nonobservance of a rule requiring pupils to lay aside their books during the opening exercises while the Bible is being read did not authorize an action on the case for damages where there was no allegation that the suspension was either wantonly or maliciously done. In this school no one was required to be present at such exercises unless he chose to do so; but the pupil insisted that the rule interfered with the religious convictions of himself and his father. None of this class of cases touch the identical question involved in the case at bar, although the relation of parent and child in school matters and the powers and duties of the school authorities are discussed generally.

We believe the court below reached the right conclusion, and its judgment is therefore affirmed. All the justices concur.

INDEX.

[Figures in italics refer to pages; others to enactment numbers or (D) decisions.]

[Figures in italics refer to pages; others to enactment numbers or (D) decisions.]

Census, school, 135-136; Cal., 627; Tenn., 628.
Certificates, teachers, 110-116: Ala., 21; Cal., 507-508;
Colo., 22; Ill., 23; Me., 24: to teach agriculture,
Mich., 24. See also Teachers, certificates.
Certification of teachers, Wis., 29.

Child labor, 140-152: Ala., 21, 666; Cal., 670; Conn.,
671; Del., 22, 673; Me., 680; Mich., 683; N. Y., 691;
N. Dak., 26, 697; Okla., 698; Pa., 699; Vt., 703;
Wash., 704; Wis., 705-707.

Children, adoption, Minn., 1099; unlawful suspen-
sion from school, Ala., D 3.
Children's bureau, national, 43.

Cities, school tax, levies, Ind., 131.

City school systems. See Municipal boards and
officers.

City schools, erection of buildings, Wis., 178; organi-
zation, Mo., 148, 149; trustees, Ind., 132, D 133.
City superintendent, duties, Cal., 4; increase in
salary, Mich., D 141; not a contractor, Mich.,
D 140; term of office, Wis., 175.

Civil government, teaching, Fla., 22. See also Civics.
Civics, 172. See also Courses of study.
Class legislation, Miss., 234-235.

Clerks, employment authorized, Minn., 147; for
county superintendents, Minn., 94; school dis-
tricts, N. J., 161; subdistricts in towns, Wis., 177.
Coeducation, college for women, Fla., 22; Univer-
sity of Fla., 22.

College of Agriculture and the Mechanic Arts, R. I.,
Carnegie fund, 965.

Colleges, Del., 918-919; proposed, Mass., 927.
Colleges and universities, 195-207; Carnegie fund,
205-207; finance, lands, support, 904-941; nature
and status, Me., 244-248; normal courses, 120-127;
private and endowed, 213-214, 1023-1029; State,
200-205, 914-941. See also Higher education; Uni-
versities. See also under States.

Colorado, agricultural college, Carnegie fund, 947;
blind, school, 1062; bonds and elections, 184; con-
solidation of school districts, 206; deaf, school,
1062; high school districts, 821; high schools, D 822;
law schools, students, 1015; medical inspection in
schools, 22, 744; mental defectives, schools, 1057;
mining school, 1007; school funds, 245; school
lands, 270; school libraries, 22; school sites, D 119;
school of mines, Carnegie fund, 945; state board of
examiners, 22; state normal school, 570, 946;
teachers' certificates and examinations. 511;
teachers' salaries, 22; transportation of pupils,
206, 650; university, administration, 917; uni-
versity, Carnegie fund, 944.

"Common school," definition, D 36.

Compulsory attendance, 140-152,274-282; Ark., 667–
668; Cal., 670; Del., 672; Ind., 23, 674; Iowa, 23,
675, 676; Me., 678; Mich., 681; Minn., 25, 684; Mo.,
25, D 685, 686; Nebr., 25; Nev., 25, 688; N. J., 689;
N. Mex., 26, 690: N. Y., 692; N. C., 26, 693-695;
N. Dak., 696; Tenn., 701; Vt., 28, 702; Wyo., 29,
708; relation to vaccination regulations, D 151.
Compulsory education. See Compulsory attend-

ance.

Connecticut, certification of teachers, 22; child labor,
671; elections, 185, 187; evening schools, 799; New
Britain schools. D 122; payments to town officers,
121; public libraries, 1032; school fund, 246, 313;
school holiday, 633; schoolhouses, 471-473; state
board of education, duties, 49; state normal schools,
571; supervisory unions, 120; town management,
public schools, Conn., 207; trade schools, 868; trans-
portation of pupils, 651; tuberculosis instruction,
770; women voters, 186.

Consolidation of schools, 64-67, 137-140, 200-243;
Colo., 22, 206; Ind., 264-267; Kans., 24; Mo., 267-
274; Nebr., 25; Tenn., D 172. See also Transpor-
tation of pupils.

Consumption, spread of, Porto Rico, 27.
Contracts, interest of trustees, Idaho, D 128, D 129;
legalized in certain cases, Minn., 146; limitations of
trustees, Ind., D 133; school trustees, Cal., 117;
school trustees, Mont., 153; teachers, Iowa, 282-283.
Conventions, county and city superintendents, 22,
29: county officers, Mich., 89; county officers,
Wis., 113; election of delegates, Wis., 78.
Cornell university, board of trustees, 932.
Corporal punishment, 154.

Correspondence instruction, Minnesota university,

24.

Cosmopolitan schools, 177-178; Cal., 22, 795.
Cotton, spinnable value, Tex., 1022.
County agricultural schools, Ind., 23.
County boards and officers, 48-54, 79-181.

County boards of education, N. C., 26; Wis., 29.
County certificates. Utah, 28.

County high schools, Kans., D 189; Mo., 25.
County institutes, aid for, Wyo., 29; Ill., 23.
County libraries, Cal., 22.

County normal training schools, Nev., 25.
County school commissioners, election, Ga., 23.
County school fund, Oreg., 27.

County superintendency, mandatory in Ark., de-
feated, 22.

County superintendents, Cal., 4, 79, 80; Ind., 23: Ky.,
D 85, D 86, D 87; Minn., 25; Mo., 25; Nebr., 25;
Utah, 28. See also County boards and officers.
County units, N. Mex., 26.
Courses of study, 171-177; agriculture, 781, 783; ani-
mals, humane treatment, 777, 778; Cal., 764; civics
767, 782; domestic science, Minn., 783; Fla., agri-
culture, 782; geography, Me., 766; higher educa-
tional institutions, Oreg., 899-900; history, Me.,
766; manual training, Minn., 783; moral and ethical
education, Cal., 776; music, 779, 780; Okla., 292–296;
physical education, N. Dak., 768; physiology and
hygiene, Idaho, 771; school hygiene, Mont.. 773;
temperance, 769, 771; uniform, normal schools,
Ariz., 21; W. Va., 765.

Crippled and deformed, 220, 1080.

Curricula, higher, board of, 195-197, 899-900.

D.

Days of special observance. See Holidays, school.
Deaf, schools, Colo., 1062; Fla., 1063; Idaho, 1064;
Ind., 23, 1065; Iowa, 1066-1067; Okla., 1071; state
board of education to have supervision, Mont.,
62, 1069; Wis., 1074. See also Deaf-mutes.
Deaf-mutes, 218-219, 1060-1074; Ark., 1060-1061;
Minn., 1068; Nebr., 1070; Oreg., 1072; S. Dak.,
1073.

Decisions, public education, 31-296; state supreme
courts, 229-296.

Defective classes, 217-221, 1057-1085.
Deformed, schools for, Minn., 1080.
Degrees, schools of theology, N. J.. 1028.
Delaware, blind, schools, 1075; child labor, 673; col-
lege, administration, 918-919; commission, 22:
compulsory attendance, 672; exemption of prop-
erty from taxation, religious and educational in-
stitutions, 247: public libraries. 1033-1035; school
attendance, 625; school district boundaries, 208;
school fund, 314-315, 376; state school commission,
4: taxation, 412-415; teachers' institutes, 613.
Delinquent children, 221-227: Ariz., 1086; Hawaii,
1088; Mich., 1089; Minn., 1090-1092; Mo., 1093;
Okla., 1095; Tex., 1108-1109; Utah, 1110. See also
Juvenile courts.

Department of public instruction, duties, Hawail,

51.

Dependent children, 221-227: Ariz., 1086; Hawail,
1088; Mich., 1089; Minn., 1090-1092; Nebr., 1101;
Okla., 1095; R. I., 1107; Utah, 1097, 1110.
Detention schools, Cal., 1998; N. J., 1102-1103.
Diplomas, recognition of normal school and col-
lege or university, D 536-539.

Discipline, right to enforce, Miss., 284-286: school,
152-157.

Discontinuance of schools, Ind., 212.

Diseases, dangerous, instruction, Mont., 773; spread
of, Mont., 25.

District boards and officers, 54-62, D 116–181.
District meetings, Wyo., D 198, D 199.

District of Columbia, dismissal of teachers, D 541;
policy of courts, D 123.

Domestic science, Ind., bill defeated, 23: Me., 872;
Mich., 24, 876; Ohio, 814; Tex., 889; Utah, 818;
Wis., 891. See also Courses of study.

Dramatic entertainments, minor children for-
bidden to attend, Oreg., 718.

Drury college, Mo., military education, 1011.
Dumb. See Deaf-mutes.

[Figures in italics refer to pages; others to enactment numbers or (D) decisions.]
E.
Education, board of control, W. Va., 29; fund, Tenn.,