43 Wash. 441 | Wash. | 1906
This action was commenced by appellant against the board of school directors of school district number* 1 in Seattle, King county, Washington, and other school authorities of said district, to restrain them from enforcing certain rules, which deprive members of Greek Letter fraternities of the privileges of said high school, except that of attending classes. The appellant George Wayland, a minor eighteen years of age, sues by Russell Wayland his guardian ad litem, on behalf of himself and other members of the Gamma E>ta Kappa fraternity. He alleges that all members
The trial court made findings of fact, from which it appears that, at the time of the commencement of this action, George Wayland was a student in the Seattle high school and also a member of a certain Greek Letter secret society, known as the Gamma Eta Kappa fraternity; that the membership in said fraternity, and in other similar high school secret societies, was confined particularly to high school students; that such societies were, therefore, usually known as high school fraternities; that members ■ other than such students were admitted as honorary members only; that said Gamma Eta Kappa fraternity was first organized in Seattle during the year 1900, at which time a request was made by it for the use of the name of said Seattle high school; that before acting on said request, the high school authorities instituted a careful investigation to ascertain the probable effect of such societies. on the school; that after such investigation and
It will be observed that no attempt is being made by the respondents to deny appellant any instruction afforded by class work or by the required curriculum of the school. He is only denied certain other privileges such as participation in athletic, literary, military, musical, or class organizations. In other words, the respondents made it optional with appellant to determine whether, against the known wishes of the school authorities, he would continue his membership in said secret society, and thereby forfeit participation in the privileges above mentioned, which were no- part of the class work or curriculum, or whether by complying with the adopted rules, he would elect to> enjoy the privileges of which he is now deprived.
The appellant contends that the trial court erred, (1) in making certain of the above findings of fact to which he has excepted; and (2) in entering judgment dismissing his complaint. Appellant especially complains that the evidence does not sustain the finding that all active members of the Gamma Eta Kappa fraternity were high school students, and that any members not students were honorary members only. There may have been an instance in which an active member was not a student when initiated, but he had been a student immediately prior thereto', and there is no evidence that he did not intend to so continue. In any event,
“In former editorials we have frequently dwelt upon our old standby of High School Fraternities versus School Boards and Principals, hut we feel compelled to again state the facts, on account of recent developments. The principal of the Seattle High School does not know what a fraternity is or he would not attempt to< enforce) his proposed futile plans. It is simply a case of all educators not educated. Imagine the monarch that could prohibit a man from wearing a fraternity pin. The Sacramento Board of Education by a vote of 6 to 3 recently decided ‘Tb forbid any member of the Sacramento High School from joining a frat society in that school.’- There is no penalty affixed, and the resolution was simply adopted to quell public sentiment in order to secure a favorable vote from the people on new school bonds. I!n voting on this motion hut one member of the hoard expressed the belief that the law would uphold them in attempting to crush a society in .a public institution; in other words
This magazine also publishes a letter from the Eho Gamma or Seattle chapter, in which the existing differences between it and the Seattle high school authorities are discussed. This letter in part says:
“And now comes the most unkindest cut of all. Beginning with the coming school year, in addition to the restrictions already imposed, all members of fraternities and sororities will be denied the right of graduation or of representing the school in any field of effort or competition. This is according toi an open letter from Superintendent Cooper to Professor Twitmeyer. He calls Mr. Twitmeyer’s attention to a recent ruling of the board which authorizes his action. According to the ruling, the superintendent is given authority to ‘repeal all existing regulations.’ This phrase may or may not be Significant, for as far as the secret societies are concerned they will go ahead and prosper as before. There will he no difficulty ini pledging and initiating new members, as they may he desired, because, far from creating any dismay among the students it has aroused a feeling of indignation and that natural antipathy to* restriction which is inherent in the American youth. . . . It is barely possible that Bho Gamma Chapter will incorporate, but it is a question whether such action would help matters any or would only add fuel to the flame.”
Letters from the Sacramento, California, and Denver, Colorado, chapters are also published, showing a like spirit of insubordination against lawful school authority. We incorporate these quotations in this opinion to illustrate the seditious spirit permeating this organization, with which the school authorities were obliged to deal. Without further discussion of the evidence, we express our complete satisfaction with each and all of the findings made by the honorable trial court.
Appellant further contends that, as the fraternities meet ont of school hours at the homes of members, and at no time ixu the school building, and as their parents consent to this action, the board is exceeding its lawful authority in entering their homes, in withdrawing from parents the control of their children, and in dictating what the children shall or shall not do out of school hours. We think this contention unreasonable. The hoard has not invaded the homes of any pupils, nor have they sought to interfere with parental cusr tody and control. They have not said these fraternities shall not meet at the various homes, nor have they attempted to control students- out of school hours. The evidence shows beyond a doubt that these secret organizations, when effected, foster a clannish spirit of insubordination, which results in much evil to the good order, harmony, discipline', and general welfare of the school. We can express these conditions in no
“I have found, that membership in a fraternity has tended to lower the scholarship of the fraternity members, . . . the general impression that one gets in dealing with them is one of less respect and obedience to teachers'. It is found that there is a tendency toward the snobbish and patronizing air, not only toward the pupils hut toward the teachers; there is a certain contempt for school authority. This is in a measure, I think, aggravated by the attitude of the parent organization, which seems to encourage members of the fraternity in this contempt for school authority, and one of the most difficult things in dealing with the situation is the fact that the members have this allegiance to a general organization or headquarters, which are often located in a distant city and which it is difficult to reach and which exercises upon the members in the local school a very powerful influence. . . . In dealing with' these fraternity members I have been assured more th'an once that they considered their obligation to their fraternity greater than that to the school.”
The evidence of this witness, with that of the president of the school hoard and other school authorities, overwhelmingly establishes the fact that such' fraternities do have a marked influence on the school, tending to destroy good order, discipline and scholarship This being true, the board is authorized, aud it is its duty, toi take such reasonable and appropriate action by the adoption of rules as will result in preventing these influences. Such authority is granted by § 2339 aud subdivisions 5 and 6 of § 2362, Bal. Code (P. O. §§• 7300, 7323). It would he difficult to confer a broader discretionary power than that conferred by these sections. Manifestly it was the intention iof the legislature that the management and control of school affairs should he left entirely to the discretion of the hoard itself, and not to the judicial determination of any court. These powers have been properly and legally conferred upon the hoard, and unless it arbitrarily exceeds its authority, which
The appjellant has cited a number of cases which, in effect, decide that the school board would have no authority to refuse him admission to the high school. This the board has not attempted to doq hence these citations are not in point. The only case mentioned by appellant which seems to be cognate to the questions here involved is that of State ex rel. Stallard v. White, 82 Ind. 278, in which the supreme court of Indiana held that the officers and trustees of Purdue University, an institution controlled and supported by the state, could not require an applicant, otherwise qualified, to sign a pledge relative to membership in Greek Letter fraternities as a condition precedent to his admission as a student. The university authorities had adopted a rule that no student should be permitted to join, or be connected with, any so-called Greek Letter or other college secret society; and as a condition of admission to the university, or promotion therein, should be required to give a written pledge to observe such regulation. The relator declined to sign such a pledge and was refused admission as a student for that reason only. The decision which ordered his admission was by a divided court- The majority opinion, however, is not in point as supporting appellant’s contention. The appellant has not been refused admission to the high school. The school authorities have only endeavored to exercise a governmental control over him after his admission, without even attempting to susipjend him. In the majority opinion in State ex rel. Stallard v. White, supra, the court said:
“The admission of students in a public educational institution is one thing, and the government and control of students after they are admitted, and have become subject to the jurisdiction of the institution, is quite another thing. . . . It is clearly within the power of the trustees, and of the
The above language shows that the Indiana case upon which the appellant relies utterly fails to sustain any of his contentions. Our attention has not been called to any adjudicated case at all similar to this. Citation to authority, however, is unnecessary, as under our- statutes, the respondent school hoard had undoubted authority to take the action of which appellant complains, and the courts should not interfere with said board in the enforcement of the rules and regulations which it has adopted.
The judgment is affirmed.
Mount, C. X, Fullerton, Foot, and Dunbar, JX, concur.