Commonwealth v. Hartman
| Decision Date | 29 December 1851 |
| Parties | Commonwealth v. Hartman. |
| Court | Pennsylvania Supreme Court |
The school laws of 1848 and 1849, providing for the establishment throughout the Commonwealth, of common schools for the education of individuals between the ages of five and twenty-one years, are not unconstitutional.
THIS was an appeal by Hartman and others from the decree of the Quarter Sessions of Lehigh county.
The appellants, Hartman and five others, had been elected school directors of Lowhill township, Lehigh county. They organized by electing the officers required by the common school law and made provision for the education of the poor children in that township, but refused to comply with the provisions of the Acts of Assembly of 1848 and 1849, requiring them to provide for the establishment of common schools in that township: and they refused to resign. A petition was presented to the Court of Quarter Sessions, on April 30 1849, praying the court to declare their offices vacant, and to appoint substitutes. The court granted a rule upon them to appear and answer; and on May 5, 1849, JONES, J., vacated their office and appointed others in their stead, to act until the next annual election for directors. The objection made on the part of Hartman and others was that the school laws of 1848 and 1849 were unconstitutional, as being at variance with the provision in the first section of the 7th article of the Constitution of Pennsylvania, which is as follows: Sect. 1. " The legislature shall, as soon as conveniently may be, provide by law for the establishment of schools throughout the state, in such manner that the poor may be taught gratis. " It was provided in the Act of Assembly of 11th April, 1848, " That the common school system, from and after the passage of this Act, shall be deemed, held, and taken to be adopted by the several school districts in this Commonwealth," & c.
In the Act of 7th April, 1849, it is provided, " That a system of common school education be and the same is hereby deemed held, and taken to be adopted, according to the provisions of this Act, in all the counties in this Commonwealth," & c.
The Act points out the mode of electing directors, and defines their " general powers and duties." It provided that " They shall establish a sufficient number of common schools for the education of every individual between the ages of five and twenty-one years, in the districts, who may apply for admission and instruction, either in person, or by parent, guardian, or next friend."
It was assigned for error,
That the court erred in making the decree of...
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