51 Ind. App. 236 | Ind. Ct. App. | 1912
— This action was brought by appellee against appellant to recover a sum of money which she claims is due her for teaching in the public schools of appellant township, and for services performed while acting as janitor of the school building in which she taught. The latter demand, however, was denied by the trial court.
The statute makes it mandatory on the township trustee to continue the schools of his township for a period of at least 120 school days (Acts 1899 p. 424, §6411 Burns 1908), to employ teachers to teach such schools, and to pay at least the minimum wage provided (§6599, supra), and makes the trustee liable to a fine on his failure so to do. Again, §6675 Burns 1908, Acts 1901 p. 470, provides that “every parent, guardian, or other person in the State of Indiana, having control or charge of any child or children between the ages of seven and fourteen years, inclusive, shall be required to send such child or children to a public, private or parochial school * * for a term or period not less than that of the public schools of the school corporation where the child or children reside,” etc.
It is quite evident from the language of our Constitution, and from the sections of our statutes just referred to, that the cause of education in Indiana is held in the highest esteem and considered of the highest importance, and the legislature in providing for a township advisory board never intended that such board should be given authority which would permit it to interfere with the strict mandates placed on the officers of the schools and the parents and guardians having the care and custody of children of school age Advisory Board, etc., v. State, ex rel. (1905), 164 Ind. 295, 73 N. E. 700. The duty rests primarily upon the State to provide means for educating her young people, and the State has designated certain officials to have supervision over her schools, and has, by statute, declared what their duties are, and how they are to be exercised, under penalties, and then, when the schools are equipped in accordance with the statute, the law makes it equally imperative on the person controlling children of school age to send them to school.
The statute also provides that "the school trustees of the several townships, towns and cities shall have power to levy annually a tax not exceeding fifty cents on each hundred dollars of taxable property and twenty-five cents on each taxable poll, which tax shall be assessed and collected as the taxes of the state and county revenues are assessed and collected, and the revenue arising from such tax levy shall constitute a supplementary tuition fund, to extend the terms of school in said townships,” etc. §6443 Burns 1908, Acts 1903 p. 409.
Judgment affirmed.
Note.- — Reported in 90 N. E. 485. See, also, under (1, 3) 35 Cyc. 1106; (2) 31 Oye. 101; (4) 31 Gyc. 49.