25 Wash. 122 | Wash. | 1901
The opinion of the court was delivered by
Hpon the complaint of the eountv school superintendent, citation was issued from the superior court of Thurston county to appellants, Macdonald and wife, to show cause why they did not send their three minor children to the common school in the district in which appellants resided, and also commanding appellants to bring the three children into court for examination as to their proficiency in the course of education prescribed in the common schools. Thereafter, upon hearing, an examination was had of the proficiency of the children and of the reason
The only question deemed material here is the power of the judge or court to inflict the judgment for contempt which was entered against appellants. The three sections mentioned are all from the general school law that seem pertinent to the inquiry. These sections, taken together, are somewhat vague in their meaning, and it is difficult to- determine the intention of the legislature. They are found, as arranged in the act, numbered widely apart, but evidently all relate to the same subject matter, viz., the compulsory education of children where for any cause such education is neglected. Section 71 imposes the duty primarily upon the parents, guardians, and other persons having immediate custody of the children. Section 171 provides that any one summoned before the superior judge who- does not show satisfactory cause for refusal or neglect to comply with the duty imposed by the law shall be guilty of a misdemeanor and punished for each offense in a sum of not less than ten nor more than twenty-five dollars. Section 177, as amended, should logically precede in its order § 171, because § 177 declares the procedure by which any one having the custody of a child, and who does not comply with the school law, shall be brought before the judge of the superior court for an examination and hearing^ and prescribes further that the
We are unable to find any authority in law for the imposition of the judgment of contempt. The judgment is reversed, with direction to dismiss the proceeding.
Dunbar, Bullerton, Anders and White, JJ., concur.