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thority of law for paying her; but it is nevertheless true that the board has acted illegally; and you must judge for yourself whether it is best to sanction their illegal course, or to let the district learn a lesson by paying the costs of a suit.

validity to any act which can be perform- | A. It may be that she can obtain judged by the board as a board, with one ex-ment, if she brings a suit for services ception made in section 48. But a school rendered, and you would then have auboard has no power, as such, to disburse money. The way in which this is to be done is specifically provided for: the clerk must draw an order (section 40); the director must countersign the order (section 32); the treasurer can then legally pay the order, and not before. District officials are liable to penalties for any violation of law in this matter. (Sections 134, 136.)

Q. Has a district board power to rent a vacant room in the school-house?

A. Under the decision of the supreme court (quoted on page 75 of school code) the board has no such power, but if the room is not used, if no harm is likely to come to it, or the building will not be endangered thereby, there appears to be no good reason why any tax-payer should object to the renting of the room.

Q. At the annual meeting we voted to build a school house; soon after it was found that a better site could be obtained, and a special meeting was called for that purpose. In the mean time the board hurried on to let the contract for building on the old site, though a strong remonstrance was made against it. The meeting designated a new site and voted to sell the old one; but a majority of the board refuse to take any action, and the con

tractor has been informed that we will

not have a school house built except on

the new site. What can be done?

A. A school board is but the agent of the district in matters which the vote of

Q. The clerk wishes me to teach a second term, and most of the people have signed a petition that I be hired again, but the director and treasurer are determined to hire a relative of the treasurer; have they a right to do so?

A. The action will be legal; but as you state the case, it would seem to be of very doubtful expediency. It is generally unwise to hire a relative of any member of the board-more especially if the people are opposed to it.

Q. Our teacher is very near-sighted, and can speak neither English nor German plainly, and the county superintendent only gave him a "permit" to teach, in case the board wanted him, and afterwards revoked it. Still he keeps on. What can we do?

A. He should not be permitted to keep on; the board should close the school. If they do not, and the people keep sending, it is their own fault. The primary fault was in the county superintendent. (See sections 42, 55 and 102.)

Q. Can a teacher recover wages if she closes the school on account of the ex

treme filthiness of the school house, the board refusing to get it cleaned?

A. The board must keep the school such a condition that the school can be house in "good condition”—(Sec. 49)—in

the district is to decide (of which the designation of the site is one), and must car-taught; and for neglecting the duty grossry out its wishes. For willful refusal to do this they are liable to removal, or may be proceeded against by mandamus.

CONTRACT-TEACHERS.

Q. Ought I, as treasurer, to pay an order for the wages of a teacher who has had no certificate for the past three years? The majority of the board hired her,without any certificate, and a good lawyer here says she can recover her wages, and that I might as well pay her.

ly, may be removed. The teacher would have a good cause for demanding wages while absolutely prevented from teaching by the condition of the school house.

Q. Is a teacher justified in making a pupil stand day after day in school, because she will not own the truth?

A. It is proper to punish a pupil who tells a falsehood; but any form of torture or restraint to extort confession, is not commendable; if confession is made at

last, it may be attended with no peni- | advertise a time for private examinations tence, and followed by no amendment.

Q. If the board and teacher agree to suspend the school for a time on account of contagious disease, can the teacher recover wages for the time so lost?

A. He cannot.

Q. When the time comes at which the school was to close, can the teacher, in the foregoing case, compel a continuance of the school, to make up lost time?

A. Not unless it was so agreed, when the school was temporarily suspended. It might be at a time when the school would no longer be profitable.

to follow the regular examinations?

A. It may sometimes be proper, and is customary with some superintendents, to appoint a "supplementary examination," to follow the regular series, but this is public, like the previous ones. As little encouragement as possible should be given to private examinations.

Q. Is there any means whereby a county superintendent can be prevailed upon to hold his examination at other times for cities than in the school term? What is the law or custom on the subject? A. The law leaves the whole matter to his discretion. Of course he may reasonQ. Is the use of a list text-books adopt-ably be expected to pay regard, as far as ed by the board binding on the teacher practicable, to general convenience. It after three years?

TEXT-BOOKS.

would be manifestly improper to appoint his examinations at a time when the schools are generally in session, and if practicable, he should accommodate any particular town or city in this respect.

A. The list is binding for three years and until changed by the board; but the teacher has no power, under any circumstances, to determine what text-books shall be used. It rests with the board. Of course the opinion of the teacher may ed, without re-examination? be asked.

Q. Should a certificate ever be renew

A. It may be allowable, in case of exiQ. Our teacher has introduced a cer-gency, to continue the life of a certificate, tain church catechism, and persists in that a term of school may be finished, using it, although forbidden by a member but a new one should not be given, withof the board; is this legal?

A. The constitution forbids sectarian teaching, and the board itself is not authorized in introducing such a book and instruction from it, much less the teacher. The board should peremptorily forbid it, and should be complained if they do not.

EXAMINATIONS-CERTIFICATES.

Q. Is a standard of 65, 75, and 85 per cent. proper one for the three respective grades of certificates?

A. This standard may be regarded as a fair medium, but it depends partly the character of the questions, and partly on the average scholarship of applicants. What may do in one county (in regard to third grade certificates) may not be expedient or practicable in another, as the material at hand must mainly be used. In regard to the other two grades there is not so much need of variation or flexibility.

out a new examination. Good teachers will wish to pass a better examination this year than last, and should seek for a higher grade, if they wish to avoid the necessity of so frequent examinations.

MISCELLANEOUS.

Q. Through a mistake in the report made by the county superintendent, in 1870, our district did not receive its full share of school money. Can you not rectify the mistake?

A. The State Superintendent is not authorized to go further back than 1871. (See Chap. 300, Gen. Laws 1873, p. 7, School Code, Sec. 68) The reason for some limit is obvious.

Q. Can a town adopt the town system while it has but one district?

A. The difficulty in the way is not illegality but impracticability. There is no need of any change, so long as there is but one district. It would be better to

Q. Is it well for a superintendent to adopt the vote to take effect when there

are two districts, or to wait till that comes about.

Q. If two towns are quite unequal in their liberality in raising money for schools, it operates unequally in a district joint between them; what is the remedy? A. One remedy is for the liberal town, if it contains the school house, to adopt the town system.

Q. The clerk gave notice on the 22d, of a special meeting to be held on the 28th; was that a sufficient notice?

A. It was not; both the days could not be counted, therefore the notice was less than the six days required. (See Revised Statutes, Chap. 140, Sec. 52.)

Q. If the district pays for the JOURNAL OF EDUCATION, to whom does it belong,

the district or the clerk?

A. It becomes, in a certain sense, “a general election day," but cannot be considered "the general election day" referred to in Chap. 32 of Gen. Laws of 1872.

Q. Our district treasurer died and the surety on his bond took possession of the books and papers, and likewise of the funds, and refuses to give them up to the treasurer newly appointed; how can he get them?

A. So far as the books and papers are concerned he can proceed under Sec. 9, Chap. 156, Rev. Statutes. The funds should istrator on the estate. The new treasurer have passed into the hands of the admincan complain to the Judge of Probate of the retention of the funds belonging to the district treasury. But in matters like these, not provided for by the school laws, it is best to obtain professional counsel.

Q. Is a certificate valid which does not state the holder's standing?

A. What the district pays for of course belongs to the district. The JOURNAL, like the School Code, is for the especial use of the clerk and other members of the board; it may be loaned, discreetly, A. A distinction may be made between but should be taken care of by the clerk, the form and substance of a certificate. and handed over to his successor. It is If it sets forth that the holder is qualified well to have each volume bound. to teach and is licensed to do so, for a certain time and within certain limits, it is, pro tanto, the "certificate of qualification" required by Section 107, and is not rendered invalid from the neglect of the superintendent to give the standing, if a school board is willing to contract with the teacher without this information.

Q. Where should saw-logs be assessed, in the district where they are, or where they are to be sawed? and where should lumber be assessed?

A. Merchants' and manufacturers' stock is to be assessed in the district where it is "situated." (See Sec. 63.) Logs may be considered as manufactur ers' stock, and lumber, when manufactured, as merchants' stock.

Q. Should a town clerk fill an alleged vacancy in a district board on the information and request of an individual voter of the district?

Q. Can a teacher's certificate be annulled because she is obnoxious to the district, no charges being preferred against her?

A. Certainly not. This would be condemnation and punishment without any trial. It does not follow that a teacher is A. The certificate of the other mem-seriously at fault because she has become bers of the board is the proper informa- obnoxious. It may have been brought tion to act upon. If this is neglected by about through malicious gossip. the board, the resolution and request of a special meeting of the district would be a proper basis of action.

Q. Our county superintendent says the day of spring election is a legal holiday whenever a judge or other general officer is to be elected; because, he says, it then becomes a general election day. Is this correct?

2-Vol. IV, No. 4.

Q. Can a district treasurer take a percentage for the collection of a special

district tax?

A. There is no authority of law for his doing so.

If you have a bright thought, express it in the simplest language possible. A diamond should have a plain setting.

EDITORIAL MISCELLANY.

AMONG INSTITUTES.

aught, it has been in practical suggestions for that after-growth in “light and sweetness" for which they have kindled At the present writing the educational the desire,-in stronger suggestion and interests of the State largely center in advice for self-culture, for Normal and other Institute work. Eight Institutes have school culture, and for a livelier interest in been successfully completed, in as many and knowledge of the principles and counties, three more are now in progress, measures and men of our wonderfully and six remain for the two weeks succeed-active and inquiring age. ing the present one. Of those already completed, or now in progress, we have personally visited and addressed six, have caught somewhat of the spirit animating conductors, teachers, and people, and before the restless iron horse whirls us away to new fields and faces, we employ a quiet hour in recording for April readers our first impressions.

Upon public sentiment the influence for good of these Institutes is considerable. We have in many places found them to be gatherings not only of teachers, but of the friends of schools. The Institute is frequently an important event in the locality in which it is held. Many of the best men and women of the place are present at some time during the sesWe have always regarded this Institute sion. In not a few instances their visits work as one of great value, in several re- to it are frequent and protracted. Educaspects. Our observations during the past tion and educational methods are themes three weeks have fully confirmed former of discourse in many homes. The genimpressions. Institutes perform a neces-eral interest is attested by the almost insary, an important, and a peculiar work, variably large attendance at the evening and the State makes no wiser expenditure lectures. Public opinion is thus both enof money than that for their support. lightened and strengthened, and educational progress thereby rendered easier and surer.

To teachers they impart, indeed, little of either knowledge or training. Short term Institutes, at least, are not designed for this. They are not intended to supply the place of schools. They make directly neither better spellers, readers, geographers, nor arithmeticians. The time is altogether too short for this. But they lead teachers to desire to become better spellers, readers, geographers, and arithmeticians. They give strong hints at better methods of both learning and teaching these things. They infuse into even the dullest souls a desire to become better scholars and better teachers, and wiser and nobler men and women. They tend to give to teaching a dignity with which ignorance, shallowness and slothfulness are not consistent.

We believe that much credit may be given to the influence of the Institutes in thus moving and molding public sentiment. While they give to the community better teachers, they make for the teachers a more appreciative community. We are inclined to think their power for good in this direction-already considerable-may be largely increased.

Of the peculiar fitness and ability for their work possessed by the three Insti. tute conductors, Professors Graham, McGregor, and Salisbury, we have had ample evidence, both direct and indirect. They are men of varied, full and exact attainments, thorougly in earnest, and always commanding the respect, confidence, and attention of those under their instruction.

Such is their influence upon teachers, who are thereby stimulated to larger ac quirements, to fuller and more exact scholarship, to more thoughtful and wiser methods of instruction and discipline, to a higher ambition, and to a nobler enthusiasm. If the Institutes have failed hitherto in described elsewhere by another hand, and

Not having time or space this month for a fuller record of our wanderings, we write only of our second journey, partly because the Institute at Stoughton, to which we made our first visit, has been

partly because of the exceeding interest | woodland. The building we found to be

of our experience in the remoter place. Whirled away something like 200 miles northwest of the capital, it was only our strong faith in geography that could exorcise the impression of having nearly reached the limits of creation. Did we not leave behind us the robins, bluebirds, and "ethereal mildness" of spring, and, passing beyond the Infernal Lake, and over many a league of desolate and blackened and wearisomely level pine lands, come at last to a region apparently given over to perpetual winter? Were we not dragged at times between banks of snow fully up to the car windows? Could Ultima Thule lie far beyond? But we are anticipating.

Amid the approaching shades of evening we caught our first glimpse of Devils' Lake (hold this not a typographical blunder), a truly wierd and unique spot, of whose remarkable features we had formed no adequate conception. After as full inspection as we could make from the platform of the car, and after a ready fancy that we were gazing upon the veritable Avernus of classic story, we felt an impulse to offer sacrifice to the mighty agencies which had wrought the wonder. What more acceptable (and more convenient), thought we, than a change of orthography that should recognize plural forces as the more fitting theory of so great a marvel? Hence we have deliberately changed the place of the apostrophe, as above, and here record our belief that the torn rocks which cover those lofty slopes must have tasked the utmost powers, not merely of one, but of at least seven devils.

After passing the night at Elroy, an immature but promising young village, whose years may possibly number one and a half, we sauntered out in search of the Academy, of whose founding we had heard. Climbing the hill along paths whose uncertain direction led us to seek the guidance of a chance-met citizen, we at last reached the commanding but rude site whence the building overlooks the village in the valley beneath. All around were the trees and bushes of a primitive

a substantial, square, wooden structure of two stories, neatly painted without and well finished and furnished within. The school had opened only the previous week. We were courteously received by Mr. Washburn, the principal, and found in attendance a score or more of intelligent and good looking young men and women. What manner of place is this which at scarcely two years of age points to an Academy as its best building? We thought as we stood before it and gazed down into the really beautiful valley beneath, where nestled the infant village, that thus did the Pilgrim Fathers long ago in far away New England, and we felt kindly disposed toward this people, and hoped that from these beginnings might come results as great as have blessed and distinguished many a town in Massachusetts and New York valleys. May Elroy Academy yet send out to the University, or to the Colleges of the State, or to honest and successful business life, an annual score of well prepared graduates. The day that shall see this will see superior public schools in the village beneath, and in the country adjacent-even far beyond the sound of its bell. There is no necessary antagonism between the public school and the academy or college. The true prosperity of the one ought to be the prosperity of the other.

A few hours of patient endurance brought us at last to Menomonee and filled us with the gladness the desert traveler experiences when he reaches an oasis of long desired delights. In our oasis the palm trees and running brooks were purely metaphorical. In hard reality the former were pines and the latter were ice. But are not the pleasures of soul as real as those of sense? And where have we met more cordial welcome, more genial hospitality, more appreciation of the worth of mind, of books, and of schools?

We found a large and deeply interested Institute in session. There were teachers enough to represent nearly all the schools of Dunn county. Many of the best citizens were present as spectators. Prof.

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