would be improper for the parents to dictate to him in his, the school-house. Nor does it matter whether the parents own their house, or whether, like the teacher, they only have possession of it for a certain time specified and on certain conditions, and perhaps for certain purposes named in the lease. In either case, the lawful possession is enough. It may be very proper, under certain circumstances, for the teacher to go to the house of the parents for an explanation, or to receive or give advice; and it may be equally proper for parents, under certain circumstances, to go to the school-house for an explanation, or to receive or give advice, provided that, in both cases, it is done in the right spirit. For it must be borne in mind that the schoolmaster has no right whatever to exercise authority over parents out of the school-house, and that parents, as such, have no right whatever to exercise authority over the master. When the interests of parents and teachers are properly understood, there will be complete harmony and unity of action; but until that happy day comes, it is well enough for all to know that the teacher's position does not require him to please any parent, but to do his duty, even though he displease them all. The impression that parents have a right to go to the school and dictate to, or insult the teacher, is entirely contrary to the spirit and letter of the law establishing the common or public schools throughout the country. In private schools, the case is somewhat different; for the parents there, in legal effect, are the employers of the teacher, and consequently his masters; but in the common and public schools they are neither his employers nor his masters, and it is entirely out of place for them to attempt to give him orders; for "there is no privity of contract between the parents of pupils to be sent to school and the schoolmaster. The latter is employed and paid by the town, and to them only is he responsible on his contract." (Spear v. Cummings, 23 Pick., 224.)

4. The statutory law as to disturbing schools.—In some of the States it is made a criminal offence to willfully interrupt or disturb any public, private, or select school. (28 Conn., 232.) The New York statue says, "No person shall willfully disturb, or disquiet, any assemblage of persons met at any school district for the purpose of receiving instruction in any of the branches of education usually taught in the common-schools of this State, or in the science of music." (Session Laws of 1845, ch. 228.) This statute seems to apply equally to day or evening, and public or private schools. The penalty for its violation is not to exceed twenty-five dollars for each offence, and there is no clause in it favoring parents; consequently, if they disturb or disquiet the school they are subject to the same penalty as others. It is the policy of the States generally to encourage education; and many of them having established free-schools, have thought proper to make provisions to protect their schools from indiscreet interference. Consequently, all well-conducted schools may now, in a certain sense, be regarded as the wards of the State. It will not allow any of them to be

disturbed, disquieted, or interrupted with impunity; and the same policy that protects the day schools, protects evening schools also. Hence in Maine it has been decided that a person may be punished, under the statute, for willfully disturbing a private school kept in a district school-house for instruction in the art of writing. (The State v. Leighton, 35 Maine, 185.)

5. Parents have no remedy as against the teacher.-As a general thing, the only persons who have a legal right to give orders to the teacher, are his employers-namely, the committee in some States, and in others the directors or trustees. If his conduct is approved of by his employers, the parents have no remedy as against him or them; for the law will not presume that the committee, etc., who are invested with the powers of superintendence and management will act arbitrarily and unjustly in a matter submitted to their judgment. (23 Pick., 227.) The following decision on this same point is later, and to the same effect. The board of trustees in the city of New York are vested with the power to conduct and manage the schools in their respective wards; and in this conduct and management the discipline of the schools is exclusively under their control. To their direction, consequently and necessarily, is confided the power to decide questions relating to the violation of discipline, and their judgment is conclusive. (18 Abbotts Pr., 165.) If a child of proper age and qualifications is rejected by the master, the proper course for the parent is to appeal to the committee, trustees, or directors, as the case may be. If, on their requisition, the master should refuse to accept the pupil, they would have ample means to enforce their authority, by means of their contract with the master. But if they approve of and confirm the act of the master, we are to believe that there is good and sufficient cause for the rejection of the pupil. (23 Pick., 227.) The trustees may always expel a scholar when, in their judgment, the good order and proper government of the school requires it. (14 Barb., 225; 38 Maine, 376; 8 Cush., 164.) And if they err in the discharge of their duty in good faith, they are not liable to an action therefor. (32 Vermont, 224.) Consequently, the master ought to consult the trustees before he expels a pupil (23 Pick., 227); and if they give their consent, the parent has no remedy, and there is nothing to fear. In no case can a parent sustain an action for an injury to his child, unless some actual loss has accrued to him, or he has been subjected to the violation of some right, from which a possibility of damage to him may arise. (14 Barb., 225; 38 Maine, 376.) A parent of a child expelled from a public school can not maintain an action against the school committee by whose order it was done. (Ib.) Nor is the teacher of a town school liable to an action by a parent for refusing to instruct his children. (23 Pick., 224.)

6. How and when-Composition-Reading the Bible-TruancyVaccination. The teacher has the right to direct how and when each pupil shall attend to his appropriate duties, and the manner in which pupils

shall demean themselves, provided that nothing unreasonable is demanded. (27 Maine, 281.) A requirement by the teacher of a district school that the scholars in English grammar shall write compositions, is a reasonable one, and refusal to comply therewith will justify the expulsion of the scholar from the school. (32 Vermont R., 224.) A rule requiring every scholar to read from the Protestant version of the Bible, may be enforced by the trustees, or by the teacher, in accordance with the known wishes of the trustees, and the scholar refusing to comply with such rule, may be expelled from the school. (38 Maine, 376.) A scholar may be expelled for truancy, or for misconduct in school, or for disobedience to its reasonable regulations. (8 Cush. R., 164.) Children unvaccinated may be excluded from school. (N. Y. Session Laws, 1860, 761, ch. 438.)

cases.

7. Character on trial.-When a teacher is put on trial for assault and battery, he should not omit to prove his good character. Every man who lives long enough to acquire a good character is entitled to the benefit of it, when in peril. It has been usual to treat the good character of the party accused as evidence to be taken into consideration only in doubtful Juries have generally been told that, where the facts proved are such as to satisfy their minds of the guilt of the party, character, however excellent, is no subject for their consideration; but that, when they entertain any doubt as to the guilt of the party, they may properly turn their attention to the good character which he has received. (Bennet v. State, Humph., 118.) It is, however, submitted with deference, that the good character of the party accused, satisfactorily established by competent witnesses, is an ingredient which ought always to be submitted to the consideration of the jury, together with the other facts and circumstances of the case. The nature of the charge, and the evidence by which it is supported, will often render such ingredients of little or no avail; but the more correct course seems to be, not in any case to withdraw it from consideration, but to leave the jury to form their conclusion upon the whole of the evidence, whether an individual, whose character was previously unblemished, has or has not committed the particular crime for which he is called upon to answer. (2 Rus. on Cr., 8th Am. ed., 785; Rex v. Stannard, 7 C. & P., 673; 32 Eng. Com. Law R., 681; see, also, 1 Cox R., 424; 2 Mass. R., 317; 9 Barb., 609; 14 Missouri, 502; 10 B. Monroe's R., 225; 8 Smedes & Mars. R., 401; 3 Strobh. R., 517; 1 Wheeler's Cr. Ca., 64; 1 City Hall Rec., 11, 82; Rosco's Cr. Ev., 97; 1 Taylor on Ev., 258; 5 Cush., 295; Archbold's Cr. P. & P., 400; 2 Stark Ev., 365; 2 Halsted's Law of Ev., 150; and 1 Greenlf. Ev., 54, 55.)

THE library of the Hon. Peter Force, of Washington, the most valuable collection of antiquarian literature in the United States, was recently purchased by the New York Historical Society at a trifle under $50,000

THEORY and practice are always at war. Some of life's sorest trials arise from this conflict. Theory provides a channel with long tangents and gentle curves, but the raging torrent of experience now overflows, now abrades this side and now that, and not seldom cuts new and yawning tracks as it rushes on. So it turned out with the schoolmaster who went to Aspinwall, on his way to California. None knew better than he the nature and power of steam, the science of the winds, or the mechanism of the steamboat. Had he not lectured on all these things to his astonished pupils a hundred times? Nay, he was even as familiar with Bowditch's Navigator as with Morse's Geography. Well then, might he, forearmed and forewarned, know how and when to brave the dangers of the ocean.

Thus the professor, now seeing his way to California all clear, resolved on a "first-class passage," knowing that such a "passage" implied always a state-room and first table. So he rests quietly until the last week, and then walks up for his "first-class ticket," with all its privileges and immunities, when, behold! his state-room was No. and his berth 58,

second cabin.

"What does this mean?"

"Why, that all the state-rooms are engaged; you came too late.” With admirable composure he bears this his first disappointment, reflecting that at least a berth is secure.

Then comes the embarkation. Oh! the partings and the adieus! But such things are commonplace, and must not detain us.

At length his feet are planted on the hurricane-deck, whence he calmly surveys the surging throng. The gong sounds, "All landsmen ashore!" Well, I am no longer a landsman, thought the professor, and he sadly gazed at the retiring crowd; sadly, for he knew that his own dear oneswife, children, and friends-were there. They were to see him on board, and there to say the parting words, and give and take the parting embraces. The rushing multitudes had separated them, and defeated this intent of affection; but as he next stood at the anchor he caught sight once more of all he held dear on earth. Shouts were not only in vain, but undignified. Yet he did shout, and waved and tossed his hat, regardless of the remarks which such conduct might occasion. Eyes at length met eyes-but affection is mute. The bridge is drawn, the cables are loosed, the great beam now begins to move, and the great wheels are making the first of their one hundred and twenty thousand revolutions. The last adieus

but let the rest be imagined.

The Narrows are passed, and the landsman is now fairly at sea.. Those splendid state-rooms are not for him. After much research, he worms his way down to the second cabin to look for "berth 58," which in due time

is found. Suppressing a sigh of disappointment that his lodgings are not more commodious, he concludes to make a virtue of necessity, and throws his valise upon his own appropriate bunk.

"Not so fast, please. Excuse me, sir, that is my bunk," exclaims a gentlemanly son of Abraham.

The professor produces his ticket, and so does the Jew. No mistake; 58 is plainly figured on both. He now subsides into a fit of reflection, in which the idea of a first-class passage in the steerage is prominent, and how it may be secured. Forthwith, the purser is consulted; and he, the kind-hearted, who is of course "every body's friend," regretting his want of time, said or sighed at length, "I don't know what I can do for you." Thus repulsed and moved with sympathy, the school-man resolved that, come what would, he would not add a feather's weight to the burdens of that officer, but would catch his berth on plank, cushion, or sofa, as Providence should provide.

Settled in mind as to personal matters, he turns his thoughts and eyes to the wonders of the deep. He congratulates himself on the auspicious skies, the halcyon days on which his voyage is projected. "Delightful October, the calmest of the months, when the stormy equinox has blown over, and the mild Northwestern has regained his peaceful rule." Alas for this fine theory, so soon to be shamefully falsified! Night settles upon the deep with a black veil of clouds. A damp northeaster springs up, gradually strengthening until midnight and morning, when it had become. a "heavy blow," in nautical phrase, but to the school-man a fearful gale. How it howls and shrieks in the rigging! How the steamer rolls and plunges! And when at last the morning came, and he forsakes his sleepless cushion, he sees the billows rolling and the foam and spray flying exactly as the poets describe it, but to him it was then all earnest prose. Alas for the halcyon days of October! Hope almost expires; he begins to anticipate an early termination of his voyage as he thinks of Hatteras. 'Stormy Hatteras! If the wind now blows a gale, it will blow a hurricane to-night when we are off that savage cape. Geography can not lie." But theory is again falsified, happily for once. The wind lulled off Hatteras, and the night is passed with tolerable composure by all on board, save the three hundred sick.

The third day dawns. The sun springs sudden and burning hot from the waters. The sailors spread the awning over the promenade-deck; and the professor, pacing up and down, in lively conversation with his friends, prophesies a warm sultry day in the clear southern skies, with reasons found in Dove and Redfield. But all at once the sailors are at the awning again, furling it. Some are up the main-mast, tying closer the sails, others remove all encumbrances from the upper deck. Why? Does the captain envy us this grateful shade? Nay, but he has consulted his barometer. Not long after, the sun is veiled in clouds. Dark showers gather