properly attending to their studies. You must pick up your books and
leave the schoolhouse."
Old Zack eyed him in silence. "I'm goin' to school, and I'm goin' here,"
he said at last.
That was defiance of the board's authority, and the lawyer--a young
man--threw off his coat and tried to eject the unruly pupil from the
room; but to his chagrin he was himself ejected, with considerable
damage to his legal raiment. Returning from the door, old Zack offered
opportunity for battle to the reverend gentlemen--which they prudently
declined. The lawyer re-entered, covered with snow, for old Zack had
dropped him into a drift outside.
Summoning his two colleagues and the schoolmaster to assist him in
sustaining the constituted authority, the lawyer once more advanced upon
old Zack, who retreated to the far corner of the room and bade them come
on.
Many of the smaller pupils were now crying from fright; and the two
clergymen, probably feeling that the proceedings had become scandalous,
persuaded their colleague to cease hostilities; and in the end the board
contented itself with putting a formal order of expulsion into writing.
School was then dismissed for that afternoon, and they all went away,
leaving old Zack backed into the corner of the room. But, regardless of
his "expulsion," the next morning he came to school again and resumed
his arduous studies.
The story had gone abroad, and the whole community was waiting to see
what would follow. The school board appealed to the sheriff, who offered
to arrest old Zack if the board would provide him with a warrant. It
seemed simple enough, at first, to draw a warrant for old Zack's arrest,
but legal difficulties arose. He could not well be taken for assault,
for it was the lawyer that had attacked him; or for wanton mischief, for
his intent in going to school was not mischievous; or yet for trespass,
for he had offered to pay for his schooling.
There was no doubt that on account of his age he had no business in the
school and that the board had the right to refuse him schooling; yet it
was not easy to word his offense in such a way that it constituted a
misdemeanor that could properly be stated in a warrant for his arrest.
Several warrants were drawn, all of which, on the ground that they were
legally dubious, the resident justice of the peace refused to sign.
"I am not going to get the town mixed up in a lawsuit for damages," said
the justice. "Lurvey is a doughty figh
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