Public School and Law of North Carolina; Chapter 15 of the Code, as Amended by Laws of 1885, 1889, 1891, 1893, 1895 and Other Statutes

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 edition. Excerpt: ...to schoolmasters and teachers with respect to the correction of their pupils. It is analogous to that which belongs to parents, and the authority of the teacher is regarded as a delegation of parental authority. One of the most sacred duties of parents is to raise up and qualify their children for becoming useful and virtuous members of society; this duty cannot be effectually performed without the ability to command obedience, to control stubbornness, to quicken diligence and to reform bad habits; and to enable him to exercise this salutary sway he is armed with the power to administer moderate correction when he shall believe it to be just and necessary. "Within the sphere of his authority, the master is judge when correction is required and of the degree of correction necessary; and like all others intrusted with a discretion, he cannot be made penally responsible for error of judgment, but only for wickedness of purpose. The best and wisest of mortals are weak and erring creatures, and in the exercise of functions in which their judgment is to be the guide cannot be rightfully required to engage for more than honesty of purpose and diligence of exertion. His judgment must be presximed correct, because he is the judge, and also because of the difficulty of proving the offence or accumulation of offences that called for correction; of showingthe peculiar temperament, disposition and habits of the individual corrected; and of exhibiting the various milder means, that may have been ineffectually used, before correction was resorted to. "But the master may be punishable when he does not transcend the powers granted, if he grossly abuse them. If he use his authority as a cover of malice, and, under pretence of administering...