8. (a) REGULATION OF THE PRIVILEGE 73 Co-operative extension employees may not use penalty envelopes in promoting the interests of local, county, State, or national farm organizations, except those which are organized for the exclusive purpose of promoting co-operative or departmental extension work in agriculture or home economics. (b) Furthermore, when circulars, letters, etc., which in fact relate to the business of the Government of the United States are to be mailed free by such employees, the salutation, contents, and complimentary ending thereof should not be in such form as to indicate that the matter relates to the business of a private organization or agency. (c) All matter mailed free should be prepared in such manner as clearly to indicate that the subject matter relates to an enterprise for the furtherance of which the employees received their commissions. 9. The provisions of section 491, Postal Laws and Regulations, 1924, in regard to the free mailing privilege accorded directors of the extension divisions of State agricultural colleges, do not apply to county agents, home demonstration agents, or other agricultural extension employees of the United States Department of Agriculture. This also applies to sections 492 and 493, Postal Laws and Regulations, pertaining to the free mailing privilege of directors of agricultural experiment stations. 10. Correspondence of an informational character preliminary to the establishment of local organizations such as livestock, wool, and other marketing associations, etc., designed to promote co-operative extension work in agriculture and home economics may be mailed free, but when such an association begins to function its activities should then be handled by its own officers, and correspondence in regard thereto is no longer entitled to be mailed free but should be sent under postage. In other words, co-operative extension employees may use penalty envelopes for mailing matter free in order "to show the farmers how to organize, but it is not their function to act as business agents of the farmers or as agents of co-operative marketing or other organizations." 11. (a) Co-operative extension employees are not entitled to send out circulars of inquiry in penalty envelopes unless they are instructed to do so by the director of co-operative extension work in their State, and penalty envelopes, tags, or labels should never be furnished to farmers or others to be used in sending any commodity through the mails. (b) A return penalty envelope or card addressed to an authorized agent of the United States Department of Agriculture may be sent out to farmers and other persons from whom official information is desired provided such information is to be used strictly in furtherance of the work for which the employee received the Federal appointment. Caution should be used in this respect for fear of the abuse of the privilege by uninstructed individuals. 12. In order to be mailable in penalty envelopes, material relating to boys' and girls' club work should bear the heading prescribed in paragraph 3 of this circular and be prepared in such manner as to emphasize primarily the demonstrational features of such work, and any men 74 REGULATION OF THE PRIVILEGE tion of social activities such as picnics, parades, baseball games, hay rides, etc., must be merely incidental thereto. It should be made clear that the purpose of such social activities is to reinforce the demonstrations being conducted. 13. The mere wording of circulars, letters, etc., does not determine their mailability free of postage. The purpose of the employees in sending the matter, the circumstances and conditions under which it is being sent, as well as the subject matter thereof, should be considered in determining what matter is entitled to be mailed free, and only such matter as relates to their work as employees of the United States Department of Agriculture should be so mailed. In order to avoid confusion and misunderstanding, and to eliminate the indiscriminate use of penalty envelopes, postmasters should submit specimens of all doubtful matter to the Third Assistant Postmaster General, Division of Classification, Washington, D. C., for examination and determination as to their mailability free under the penalty privilege. PROVISIONS FROM THE CONSTITUTION OF 189. THE STATE OF INDIANA ARTICLE 8.-EDUCATION Common schools.-1. Knowledge and learning, generally diffused throughout a community, being essential to the preservation of a free government, it shall be the duty of the general assembly to encourage, by all suitable means, moral, intellectual, scientific, and agricultural improvement, and to provide, by law, for a general and uniform system of common schools, wherein tuition shall be without charge, and equally open to all. The system of common schools is a state institution, and it is for the legislature to determine how and by what instrumentalities the system shall be administered and carried into effect. State v. Ogan, 159 Ind. 119, 63 N. E. 227; School Town v. Sommerville, 181 Ind. 463, 104 N. E. 855. organized School corporations under or by virtue of the laws of the state are but agents of the state for the sole purpose of administering the state system of public education, and they have only such limited powers as are deemed necessary for that purpose. Such corporations are not liable for a personal injury received by a person on account of the negligence of an officer of such a corporation. Freel v. School City, 142 Ind. 27, 41 N. E. 312. The statute requiring persons having control of children to cause them to attend school for a limited period during each year is not in conflict with any constitutional provision. State v. Bailey, 157 Ind. 324, 61 N. E. 730. The provision of the constitution declaring that the common schools shall be equally open to all does not prevent boards of health from adopting rules requiring children who attend public schools to be vaccinated when there is a threatened epidemic of smallpox. Blue v. Beach, 155 Ind. 121, 56 N. E. 89. Separate schools may be provided for white and colored children. Cory v. Carter, 48 Ind. 327; State ex rel. v. Grubb, 85 Ind. 213, 215; State ex rel. v. Gray, 93 Ind. 303; Fruchey v. Eagleson, 15 App. 88, 102, 43 N. E. 146; Cumming v. Richmond Co. Board, 175 U. S. 528, 44 L. ed. 262. The legislature has power to provide by law for the publication and sale of books for use in the com NOTE. The provisions of the Constitution of the State of Indiana and the state statutory provisions have been taken from Burns' Annotated Indiana Statutes, 1926, Watson's Revision, except those that have been taken from the Acts of various legislative sessions; the sources of all such have been indicated by footnotes. Changes and omissions have been made in the annotations whenever necessary to secure conformity to the plan of this compilation. Acknowledgments are due to the Bobbs-Merrill Company of Indianapolis for permission to use this material.—ED. |