teacher; (2) that to require the parent to state the particular cause for a child's absence or detention is not only unnecessarily inquisitorial, but, logically carried out, would permit the teacher or trustees to pass judgment on the parent's exercise of authority over his child.

This decision (reported in full in the School Bulletin for May, 1885) caused wide and generally unfavorable comment.

Commissioner Draper took a wholly different view, and gave to the author of this volume for publication a copy of the following letter, showing the ground afterward taken by the education department:

That the school authorities have the power to exclude from the benefits of the schools, pupils who refuse to comply with reasonable regulations relative to attendance, I have no doubt. I consider a regulation to the effect that a pupil who is absent or tardy shall bring his teacher a written excuse from his parent or guardian, to be entirely proper and the department will therefore sustain you in enforcing it. The letter addressed to one of your teachers is a highly improper and insulting one. If this parent persists in sending his child to school with irregularity and in refusing to give any proper excuse for this course, you will be justified in excluding the child altogether.

The schools are surely for the benefit of all and all have common rights in them, but these rights must not be abused by any individual to the injury of others. If one parent can maintain the position which this one assumes, then all can, and if all can then the school system is liable to utter over-throw and destruction. This of course we cannot concede. You are advised to notify the person writing the letter which you enclose to me of the contents of this communication; to receive the child into the school if the parent manifests a disposition to comply with the law. Otherwise you will be upheld in excluding the child in question.

Trustees: The Compulsory Law

The trustee is however less frequently concerned in excluding children from school than in compelling their attendance under the compulsory law.

The natural right of parental dominion does not render unconstitutional a statute requiring children to be sent to school. (60 L R A 739; 61 N E 730)

1. All children between 8 and 16 years of age must attend upon instruction the entire time the public school is in session during the period between October 1 and June 1, unless,

In cities and villages of 5,000 the limits are 7 and 16. For Indian children the requirements are practically the same, except that the age requirement is 6 and 16, instead of 8 and 14. (900, 1)

(a) Physically or mentally incompetent. (530-2)

(a) A child is "physically or mentally incompetent" who is ill or physically unable to attend school (which may be certified by a competent physician if required by school authorities), an idiot, or defective, epileptic, deaf, dumb or blind, requiring special physical or mental treatment or instruction in special classes or schools.

(b) Between 14 and 16 years of age and regularly employed under a labor certificate issued by the local board of health, or a school record certificate. (530-2)

In cases of temporary absence, the attendance division has ruled that the following excuses may be accepted as legal:

1. Severe storm or roads absolutely impassable for man or beast.

2. Contagious disease in a community; the school authorities or local boards of health determining when the danger of conveying the disease has passed.

3. Sickness in the pupil's family requiring his or her services for a day or two until other help can be secured.

4. Days set apart for religious observance or instruction. In all such cases, however, arrangements should be made with the priest that school work may not be interfered with. 5. One half day weekly for music lessons.

The following excuses frequently offered by parents and school authorities are not legal:

1. Poverty. The Attendance Division has ruled that the intention of the Legislature being to give every child a common school education, a logical interpreation of the statute requires the locality, through its poor authorities to furnish the means necessary to effect that end in those cases where the enforcement of the law would work suffering or hardship. It therefore insists that such local poor authorities furnish clothing, shoes, food, books and other necessaries to indigent children.

2. Distance from the schoolhouse. Parents are required to furnish conveyance; if too poor to do so, transportation must be furnished by the district. The district may provide for transportation of pupils who live remote from school or maintain branch schools.

3. Unfit physical condition. Where a parent sends a child to school in such a condition that it brings into the school vermin or other contagious disorder, the school authorities have the right to refuse admission and treat the fact that the parent has not sent the child in a condition to attend as tantamount to a neglect to cause the child to so attend, for which the parent may be arrested and punished.

4. Suspension. Pupils suspended for a period to exceed one week must be committed to a truant school.

2. All children between 8 and 16 years of age must attend a school in which the six common school branches of reading, spelling, writing, arithmetic, English language and geography are taught in English, or upon equivalent instruction elsewhere. (530)

"Equivalent instruction elsewhere" means instruction in above subjects by a competent teacher during usual school hours. Children taught at home may be required to take public school examinations.

3. No child under 14 years of age may be employed at any time in a factory, mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages. (Labor Law, Secs. 70-76) There are no exceptions, except in villages and cities. See Chapters XXVI, XXVII.

The term "factory" includes mills, workshops or other manufacturing or business establishments where one or more persons are employed at labor.

The term "mercantile establishment" means any place where goods, wares or merchandise are offered for sale.

4. No child under 14 years of age may be employed in any occupation whatever during any part of the term the public school is in session. (532)

The employment of a child before or after school hours or on Saturdays during the school term is prohibited. A child who is working for a parent will be regarded as employed if the employment is in any labor exercised by way of trade or for the purpose of gain.

5. No child between 14 and 16 years of age may be employed.

I. In a factory, mercantile establishment, business or telegraph office, restaurant, hotel, apartment house or in the distribution or transmission of merchandise or messages unless in possession of a labor certificate issued by the local board of health. (530-4)

1. Labor certificates are issued by the local board of health at place of residence or employment of child on application of the parent or custodian who is required to furnish such board the following:

Evidence of the age of the child.

The school record certificate.

The board may refuse to grant a certificate to a child who may seem to be physically unable to perform the work which it intends to do; in doubtful cases, such physical fitness is to be determined by the medical officer of the board of health. Such board is required to transmit to the commissioner of labor between the 1st and 10th day of each month a list of names of children to whom certificates are issued.

Labor certificates should be filed with the employer, who is required to keep a registry containing name, birthplace, age and place of residence of all children under 16 employed by him.

A duly attested transcript of the birth certificate filed with a registrar of vital statistics is conclusive evidence of the age of a child.

In case such certificate can not be secured the following evidence may be accepted in the order named:

Certificate of graduation from a public school and in New York State a private school having a course of not less than 8 years, provided the school records show the child to be not less than 14 years of age.

Passport or baptismal certificate.

Other evidence may be accepted in case the board decides none of the above certificates are available.

II. At home or elsewhere than in the above mentioned employments unless in possession of school record certificate. (530-4, Labor Law, Sec. 70-76, 161-67)

School record certificates are issued by the principal teacher of the public school of the district. Applicants must

be

1. 14 years of age at time of application