258 also have the power to prescribe uniform courses of study or special branches 259 and school books and to require the use of these.260 They have the right to regulate the admission to the schools within their jurisdiction of nonresident pupils or those above school age 261 and fix the tuition for these classes,262 258 Board of Education of Topeka, v. Welch, 51 Kan. 792, 33 Pac. 654. See State v. School Dist. No. 1, 31 of selection of studies by parent. Neb. 552, 48 N. W. 393, as to right 259 Samuel Benedict Memorial School v. Bradford, 111 Ga. 801, 36 S. E. 920. The authorities of the public schools have full power to make it a part of a school course to write compositions and enter into debates and prescribe that all pupils shall participate therein. Rulison v. Post, 79 Ill. 567. A pupil cannot be expelled for refusing to pursue a branch of study assigned by the directors, but not prescribed by law. See, also, Morrow v. Wood, 35 Wis. 59. Powell v. Board of Education, 97 Ill. 375. German. School Com'rs of Indianapolis v. State, 129 Ind. 14, 28 N. E. 61, 13 L. R. A. 147. German. W. P. Myers Pub. Co. v. White River School Tp., 28 Ind. App. 91, 62 N. E. 66; State v. Webber, 108 Ind. 31. Music. Guernsey v. Pitkin, 32 Vt. 224. English compostition. But see Morrill v. Wood, 35 Wis. 59. 260 Bancroft v. Thayer, 5 Sawy. 502, Fed. Cas. No. 835; Ivison v. Board of School Com'rs, 39 Fed. 739; People v. State Board of Education, 49 Cal. 684. A change in text books can only be made after six months' notice of the proposed change. People v. Board of Education, 175 Ill. 9, 51 N. E. 633. Under School law, art. 5, § 26 (Hurd's Rev. or for St. 1889, p. 1235), text books cannot be changed oftener than once in four years. State v. Haworth, 122 Ind. 462, 23 N. E. 946, 7 L. R. A. 240; School Dist. No. 1 v. Shadduck, 25 Kan. 467; Maynard v. Olson, 48 Kan. 565, 30 Pac. 16; State v. Board of Education of Topeka, 59 Kan. 501, 53 Pac. 478; Com. v. Ginn, 23 Ky. L. R. 521, 63 S. W. 467; Jones v. Board of Education of Detroit, 88 Mich. 371, 50 N. W. 309. Text books cannot be changed oftener than once in five years without the consent of a majority of the voters of the district. Curryer v. Merrill, 25 Minn. 1; Campana v. Calderhead, 17 Mont. 548, 44 Pac. 83, 36 L. R. A. 277; Board of Education of Cincinnati v. Minor, 23 Ohio St. 211. The power is a discretionary one not subject to review by the courts. State v. Columbus Board of Education, 35 Ohio St. 368; Leeper v. State, 103 Tenn. 500, 53 S. W. 962, 48 L. R. A. 167; State v. Wilson, 121 Wis. 523, 99 N. W. 336. But see State v. Bronson, 115 Mo. 271, 21 S. W. 1125. 261 Gacking v. School Dist. of Ft. Smith, 65 Ark. 427, 46 S. W. 943; Kramm v. Bogue, 127 Cal. 122, 59 Pac. 394; Edwards v. State, 143 Ind. 84, 42 N. E. 525; Needham v. Inhabitants of Wellesley, 139 Mass. 372, 31 N. E. 732; Barnard School Dist. v. Matherly, 84 Mo. App. 140; Freeman V. School Directors of Franklin Tp., 37 Pa. 385; Eubank special branches taught.263 They may be authorized by law and in the manner provided to furnish public assistance in the form of school books or clothing to poor children.264 They also have the right in exercising their police powers to establish quarantine regulations or to require the vaccination of children as a condition precedent in their admission to the public schools. 265 This subject has already been considered.20 v. Boughton, 98 Va. 499, 36 S. E. 529. 202 Irvin v. Gregory, 86 Ga. 605, 13 S. E. 120; Weldon Independent School Dist. v. Shelby Independent School Dist., 113 Iowa, 549, 85 N. W. 794; Rogers v. Graded School of Carlisle, 11 Ky. L. R. 934, 13 S. W. 587; Hurlburt V. Inhabitants of Boxford, 171 Mass. 501, 50 N. E. 1043; Fiske v. Inhabitants of Town of Huntington, 179 Mass. 571, 61 N. E. 260; Inhabitants of Haverhill v. Gale, 103 Mass. 104; Millard v. Inhabitants of Egremont, 164 Mass. 430, 41 N. E. 669; Fractional School Dist. No. 1 v. Yerrington, 108 Mich. 414, 66 N. W. 324; State v. Hamilton, 69 Miss. 116, 10 So. 57; State v. School Dist. of Superior, 55 Neb. 317, 75 N. W. 855; Com. v. Directors of Brookville Borough School Dist., 164 Pa. 607, 30 Ati. 509, 26 L. R. A. 584; Edmondson v. Board of Education, 108 Tenn. 557, 69 S. W. 274, 58 L. R. A. 170; School Dist. No. 4 v. School Dist. No. 2, 64 Vt. 527, 25 Atl. 433; State v. Board of Education of Eau Claire, 96 Wis. 95, 71 N. W. 123. 263 Major v. Cayce, 98 Ky. 357, 33 S. W. 93, 30 L. R. A. 697. 264 Shelby County Council V. State, 155 Ind. 216, 57 N. E. 712. 265 Abeel v. Clark, 84 Cal. 226, 24 Pac. 383; Bissell v. Davison, 65 Conn. 183, 32 Atl. 348, 29 L. R. A. 251; Morris v. City of Columbus, 102 Ga. 792, 30 S. E. 850, 42 L. R. A. 175; State v. Beil, 157 Ind. 25, 60 N. E. 672; Champer v. City of Greencastle, 138 Ind. 339, 35 N. E. 14, 24 L. R. A. 768; State v. Gerhardt, 145 Ind. 439, 44 N. E. 469, 33 L. R. A. 313; Duffield v. Williamsport School Dist., 162 Pa. 476, 29 Atl. 742, 25 L. R. A. 152; Field v. Robinson, 198 Pa. 638, 48 Atl. 873; State v. Board of Education of Salt Lake City, 21 Utah, 401, 60 Pau. 1013; State v. Burdge, 95 Wis. 390, 37 L. R. A. 157; Miller v. School Dist. No. 3, 5 Wyo. 217. But see Potts v. Breen, 167 Ill. 67, 47 N. E. 81, 39 L. R. A. 152, affirming 60 Ill. App. 201. Vaccination cannot be required where the disease does not exist nor where there is no cause for apprehension. Lawbaugh v. Board of Education, 177 Ill. 572, 52 N. E. 850, reversing 66 Ill. App. 159; Osborn v. Russell, 64 Kan. 507, 68 Pac. 60; Mathews v. Kalimazoo Board of Education, 127 Mich. 530, 86 N. W. 1036, 54 L. R. A. 736; State v. Burdge, 95 Wis. 390, 70 N. W. 347, 37 L. R. A. 157. See, also, cases cited under §§ 118 et seq., ante. 266 See §§ 118 et seq., ante. It is the duty of every governmental organization to furnish adequate and necessary relief to the unfortunate and indigent.267 It is not every person, however, needing assistance who is legally regarded as a pauper and therefore within the operation of poor laws which apply generally only to those included within the legal definition of the term. The term pauper has been variously defined and includes those who are dependent upon the state forthe whole or a part of their support. It includes from the affirmative point of view, those who are wholly or partially incapable of supporting themselves, and those dependent upon them, either by their own labor or by income derived from their property.208 It 267 Board of Com'rs of Tipton County v. Brown, 4 Ind. App. 288, 30 N. E. 925. Cooledge v. Mahaska County, 24 Iowa, 211. The obligation of a county to support its poor is strictly statutory. Orphan Soc. of Lexington v. Fayette County, 69 Ky. (6 Bush) 413; City of Auburn v. Inhabitants of Wilton, 74 Me. 437; Strafford County V. Rockingham Co., 71 N. H. 37, 51 Atl. 677; Town of Plymouth v. Grafton County, 68 N. H. 361, 44 Atl. 523. The liability of counties and towns to support of poor entirely statutory. Patrick v. Town of Baldwin, 109 Wis. 342, 85 N. W. 274, 53 L. R. A. 613. But see Inhabitants of Sebec v. Inhabitants of Dover, 71 Me. 573. 268 Town of East Lynne v. Had dam, 14 Conn. 394; Town of Wallingford v. Town of Southington, 16 Conn. 431. Question of ability to support himself and family is a question for the jury. Town of New Hartford v. Town of Canaan, 52 Conn. 158; Town of Big Grove. v. Town of Fox, 89 Ill. App. 84; Jasper County v. Osborn, 59 Iowa,. excludes those who are in need of occasional aid or who, through some temporary circumstance, require assistance upon occasion only.209 The duty of the state, as has been said, is to furnish adequate and prompt relief for the poor and the unfortunate.270 § 1095. Poor districts; organization. State relief is effected, ordinarily, through the organization of certain prescribed territory into districts each of which is charged with the duty within its territorial limits. The duty may be performed either by various governmental subdivisions already sug gested, like cities, towns, counties and townships,271 or through 208; Inhabitants of Foxcroft v. Inhabitants of Corinth, 61 Me. 559; Pittsfield v. Barnstead, 40 N. H. 477; In re Connellan, 25 Misc. 592, 56 N. Y. Supp. 157; Town of Winhall v. Town of Landgrove, 45 Vt. 376; Town of Ettrick v. Town of Bangor, 84 Wis. 256, 54 N. W. 401; Board of Com'rs of Sweetwater County v. Carbon County Com'rs, 6 Wyo. 254, 44 Pac. 66. But see 'Peters v. Town of Litchfield, 34 Conn. 264; Wilson v. Brooks, 31 Mass. (14 Pick.) 341; Town of Danville v. Town of Wheelock, 47 Vt. 57; Town of Craftsbury v. Town of Greensboro, 66 Vt. 585, 29 Atl. 1024. 269 Bartholomew County Com'rs v. Wright, 22 Ind. 187; Inhabitants of Bremen v. Inhabitants of Brewer, 54 Me. 528; Lander County v. Humboldt County, 21 Nev. 415, 32 Pac. 849; Hamlin County v. Clark County, 1 S. D. 131, 45 N. W. 329; Town of Danville v. Town of Sheffield, 50 Vt. 243; Goodell v. Town of Mt. Holly, 51 Vt. 423; City of Port Washington v. Town of Saukville, 62 Wis. 454. But see Inhabitants of Sturbridge v. Inhabitants of Holland, 28 Mass. (11 Pick.) 459. Necessity for immediate relief constitutes a pauper. 270 Trumbell v. Moss, 28 Conn. 253; Welton v. Town of Wolcott, 45 Conn. 329; Howard County Com'rs v. Jennings, 104 Ind. 108; Vionet v. Municipality No. 1, 4 La. Ann. 42; Brown v. Inhabitants of Orland, 36 Me. 376; Inhabitants of Holden v. Inhabitants of Brewer, 38 Me. 472; Inhabitants of Norridgewock v. Inhabitants of Solon, 49 Me. 385; Inhabitants of Veazie v. Inhabitants of Chester, 53 Me. 29; Inhab. itants of Orono v. Peavey, 66 Me. 60; Curtis v. Allen, 43 Neb. 184; 61 N. W. 568. The institution for the blind at Nebraska City is one for educational purposes within the meaning of Const. Art. 5, § 19. Such institutions are under the control of the state board composed of the commissioner of public lands, the secretary and treasurer and attorney general of the state. Moultonborough v. Tuftonborough, 43 N. H. 316; Taylor Overseers v. Shenango Overseers, 114 Pa 394; Town of Craftsbury v. Town of Greensboro, 66 Vt. 585, 29 Atl. 1024. 271 Odegaard v. City of Albert Lea, 33 Minn. 351; Town of Cordova v. Village of Le Sueur Center, 74 Minn. 515, 77 N. W. 290, 430; State v. Hallock, 14 Nev. 202. Ne the organization of special public quasi corporations having as the sole purpose of their organization the performance of this particular governmental function. The territorial limits of these districts may be either co-existent with the boundaries of other public quasi corporations or otherwise, and may be changed at pleasure.272 Whatever the organization, granting of aid is effected and applications are considered by officers specially elected or appointed 273 for this purpose with the term of office and compensation as legally provided. They are regarded as public officials 274 and their powers are limited strictly to the duties imposed upon them by positive law.275 In many respects and within the line of their duty, these are discretionary and not subject to review by the courts.276 The liability of the corporation for their acts is limited.277 A state may prohibit the immigration of paupers and impose a penalty upon those bringing into the state or taking into one poor vada Act 1879, p. 142, establishing a state asylum for indigent unconstitutional. 272 Lees v. Drainage Com'rs, 125 Ill. 47; State v. Davey, 39 La. Ann. 992; Town Council of Lexington v. Sargent, 64 Miss. 621, 1 So. 903; Baudistel v. Recorder & Common Council of City of Jackson, 110 Mich. 357, 68 N. W. 292; Benedictine Sisters v. City of Elizabeth, 50 N. J. Law 347; People v. St. Lawrence Sup'rs, 103 N. Y. 541, 9 N. E. 311; Jenks Tp. Poor Dist. v. Sheffield Tp. Poor Dist. Com'rs., 135 Pa. 400, 19 Atl. 1004. See, also, Swift v. Wayne Circ. Ct. Judges, 64 Mich 479. 273 Burr v. Norton, 25 Conn. 103; Clay County Sup'rs v. Plaut, 42 Ill. 324; Lucas County v. Ringgold County 21 Iowa, 83; Inhabitants of Unity v. Inhabitants of Thorndike, 15 Me. 182; State v. Board of Control of State Institutions, 85 Minn. 165; State v. Board of Control of State Institutions, 25 Minn. 165, 88 N. W. 533. See, also, Board of Com'rs of Pulaski Co. v. Shields, 130 Ind. 6, 29 N. E. 385. 274 State v. Hawkins, 77 N. C. 494. 275 Inhabitants of Griswold v. Inhabitants of North Stonington, 5 Conn. 367; Fielding v. Jones, 38 Conn. 191; Baldwin v. Whittier, 16 Me. 33. Overseers of the poor have no power to bring an action of replevin for property alleged to belong to the town. 276 Posey County Com'rs v. Harlem, 108 Ind. 164; Salisbury v. Merrimack County, 59 N. H. 359; Treadwell v. Powless, 37 N. J. Law, 145; City of Albany v. McNamara, 117 N. Y. 168, 22 N. E. 931, 6 L. R. A. 212; Holloway v. Town of Barton, 53 Vt. 300. 277 Means V. Inhabitants of Blakesburg, 7 Me. (7 Greenl.) 132; Carter v. City of Augusta, 84 Me. 418, 24 Atl. 892; Nason v. Directors of the Poor, 126 Pa. 445, 17 Atl. 616; Town of Barnet v. Whitcher, 50 Vt. 170. |