Private schools may be established and controlled by an individual, or
by an association of individuals, who have no corporate rights under the
government, but receive pupils upon terms agreed upon, subject to the
ordinary laws of the land.
Private schools may be founded also by one or more persons, and by them
endowed with funds, for their partial or entire support. In such cases,
the founder, through the money given, has the right to prescribe the
rules by which the school shall be controlled, and also to provide for
the appointment of its managers or trustees through all time. In such
cases, corporate powers are usually granted by the government for the
management of the business. But the chief rights of such an institution
are derived from the founder, and the facilities for their easy exercise
and quiet enjoyment are derived from the state.
Such schools are sometimes, upon a superficial view, supposed to be
public, because they receive pupils upon terms of equality, and no rule
of exclusion exists which does not apply to all. And especially has it
been assumed that a free school thus founded, as the Norwich Free
Academy, which makes no charges for tuition, and is open to all the
inhabitants of the city, is therefore a public school. These
institutions are public in their use, but not in their foundation or
control, and are therefore not public schools.
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