Commonwealth ex rel. Parris v. Directors of Brookville Borough School District

Citations

• 164 Pa. 607
• 30 A. 509
• 1894 Pa. LEXIS 1129

Syllabus

<p>School laws—Residence of pupils—Inmates of charitable institutions— Act of April 18, 1893—Glass legislation—Constitution.</p> <p>Non-residents of a school district do not acquire a residence therein for common school purposes by becoming inmates of a charitable institution for their care, support and education.</p> <p>The inmates of the Pennsylvania Memorial Home, located in the borough of Brooltville and chartered for the purpose of providing comfortable homes and maintenance for the children of deceased and permanently disabled Union soldiers, are not entitled to admission to the common schools of the school district of the borough, where the state has made an adequate appropriation for the education of the inmates in the home itself.</p> <p>The act of April 18, 1893, P. L. 23, relating to the education of the children of Union soldiers, was intended to secure common school privileges to the children of soldiers who were obliged to seek employment and homes in families outside of the district of their parents’ residence, but there is no manifestation of a purpose in the act to include the children of any class for whose education in the charitable institution of which they are inmates the state has made adequate provision.</p> <p>Not decided whether the act of April 18, 1893, P. I/. 23, is class legislation, and therefore unconstitutional.</p> <p>The misconduct of the managers of the institution is no ground for entitling its inmates to the benefits of the common schools of the district in which the institution is located.</p>