Section 38. A board of education is simply an agency of the State, having existence for the sole purpose of performing certain duties, deemed necessary to the maintenance of an "efficient system of free schools" within the particular locality in its jurisdiction. The State acts in its sovereign capacity, and does not submit its action to the judgment of courts and is not liable for the torts or negligence of its agents, and a corporation created by the State as a mere agency for the more efficient exercise of governmental functions is likewise exempted from the obligation to respond in damages, as master, for negligent acts of its servants to the same extent as is the State itself, unless such liability is expressly provided by the statute creating such agency. It is held in Finch vs. The Bd. of Ed., 30 Ohio State, 37, that - "In the absence of a statute creating such liability, a board of education is not liable in its corporate capacity for damages for an injury resulting to a pupil while attending a public school, from its negligence in the discharge of its official duty in the erection and maintenance of a public school building under its charge, nor for an injury sustained by a scholar attending a public school from a dangerous excavation in the school-house yard, owing to the negligence of such school board."24