State ex rel. Sheibley v. School-Dist. No. 1 of Dixon Cnty.

• Citation: 31 Neb. 552,48 N.W. 393
• Parties: STATE EX REL. SHEIBLEY v. SCHOOL-DIST. NO. 1 OF DIXON COUNTY ET AL.
• Decision Date: 17 March 1891
• Court: Supreme Court of Nebraska

31 Neb. 552

48 N.W. 393

STATE EX REL. SHEIBLEY

v.SCHOOL-DIST. NO. 1 OF DIXON COUNTY ET AL.

Supreme Court of Nebraska.

March 17, 1891.

Syllabus by the Court.

The school trustees of a high school have authority to classify and grade the scholars in the district, and cause them to be taught in such departments as they may deem expedient. They may also prescribe the courses of study and text-books for the use of the school, and such reasonable rules and regulations as they may think needful. They may also require prompt attendance, respectful deportment, and diligence in study. The parent, however, has a right to make a reasonable selection from the prescribed studies for his child to pursue, and this selection must be respected by the trustees, as the right of the parent in that regard is superior to that of the trustees and the teacher.

Mandamus.J. J. McCarthy and Davis, Gantt & Keatley, for relator.

Barnes & Eames, for respondents.

MAXWELL, J.

An alternative writ of mandamus was granted in this case to require the board of trustees of said school to restore one Annie Sheibley as a pupil in said school, or show cause why they failed to do so. The defendants have filed an answer in which they allege, first, in substance, that the district was legally organized, and hence that the action of the board is legal. The question of the organization of the district is attempted to be raised in the alternative writ. It is apparent, however, that it is a de facto corporation, and we will not in this proceeding determine whether all the steps taken to perfect the organization are such as are required by law or not. The question of the organization of the district will not be considered. The trustees, as a defense of their action in expelling Annie Sheibley, allege as follows: “Admit that said relator made a demand on the respondents herein that his daughter Annie Sheibley be excused from the study of grammar in said school, but aver the facts to be that said demand was not made on said respondents until said pupil had refused to prepare and recite her lesson in said study in said school. That on the 30th day of December, 1890, at the time the course of study was changed from rhetoric, as alleged in said writ, and grammar was substituted therefor, said change was made at the special instance and request of the relator herein, and was so changed to avoid trouble and difficulty with said relator, as he had expressed a desire to have his daughter study grammar instead of rhetoric. That on the 14th day of January, 1891, said pupil failed to prepare her lesson in grammar, and upon being asked to recite her lesson in said study refused to do so, and in refusing so to do she was insolent, and informed the principal that she did not have to study grammar; that her father had told her she could drop said study; whereupon said pupil was excused from said lesson for that day, and was informed that she would be required to bring an excuse from the school board on the following day, which she failed to do; and at that time, upon her still refusing to prepare her lesson in said study, and on account of her insolent manner, she was suspended from said school, and the respondents herein the school board was informed of such suspension. That upon being informed of such suspension, as aforesaid, said school board, the respondents herein, proceeded to investigate the cause of such suspension, and the relator appeared before them with his counsel, and demanded that his daughter be excused as aforesaid, and, when asked what reason he had for not wanting his daughter to pursue said study in said school, he informed the board ‘that said study was not taught in said school as he had been instructed when he went to school,’ and that was the only reason he would offer or give for not wanting his daughter to pursue said study. That said request was not made by said relator with a view of directing the study of his minor child, but that the same was made for the purpose of causing trouble, and for the creating of a spirit of insubordination in said school.” A copy of the regulations of the trustees in regard to the studies to be pursued in the school is set out in the record, and also a copy of the order of expulsion, from which it appears that the sole cause for which Anna Sheibley was expelled from the school was...