Com. v. Roberts

• Decision Date: 21 June 1893
• Citation: 34 N.E. 402,159 Mass. 372
• Parties: COMMONWEALTH v. ROBERTS.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

159 Mass. 372

34 N.E. 402

COMMONWEALTH v. ROBERTS.

Supreme Judicial Court of Massachusetts, Worcester.

June 21, 1893

COUNSEL

F.A Gaskill, Dist. Atty., for the Commonwealth.

W.S.B Hopkins, Thos. F. Gallagher, and Frank B. Smith, for defendant.

ALLEN J.

The penalty imposed by St.1890, c. 384, ^[1]is not incurred "if such child has attended for a like period of time a private day school approved by the school committee of such city or town, or if such child has been otherwise instructed for a like period of time in the branches of learning required by law to be taught in the public schools, or has already acquired the branches of learning required by law to be taught in the public schools." The words, "if such child has been otherwise instructed for a like period of time with the means of education," were in the earlier statutes. Pub.St. c. 47, § 1; St.1873, c. 279, § 1; Gen.St. c. 41, § 1. The great object of these provisions of the statutes has been that all the children shall be educated, not that they shall be educated in any particular way. To this end public schools are established, so that all children may be sent to them, unless other sufficient means of education are provided for them. If a child has in any manner already acquired the branches of learning required by law to be taught in the public schools, the law does not compel any further instruction. If he has not acquired them, the law requires that he be instructed in them for the specified time each year. Sending a child to a private day school approved by the school committee is enough to comply with the requirement of the law without further inquiry. Pub.St. c. 47, § 2, prescribes what private day schools may be so approved. But if the person having a child under his control, instead of sending him to a public school, or to a private day school approved by the school committee, prefers to have him instructed otherwise, it will be incumbent on him to show that the child has been instructed for the specified period in the required branches of learning, unless the child has already acquired them. This permits instruction in those branches in schools or academies situated in the same city or town or elsewhere, or instruction by a private tutor or governess, or by the parents themselves, provided it is given in good faith, and is sufficient in extent. If the school committee has not approved of a particular school, or has...