section 16. See als latter part of comment on section 16. Q. Can a town board legally attach one district to another, if the district to be thus extinguished has voted unanimously against it? A. The vote of the district makes no difference as to the legality of the proceeding; it should have some weight in considering the reasons for and against the measure. Q. Our district, by some mistake, failed to receive its share of school money; how can we get it? A. If the whole amount due the town was received and distributed, the excess paid to each district treasurer should be paid back; if this is not done, an equal amount should be withheld in the next distribution. The money thus restored or retained should then go where it belongs. Q. The town board formed a new district, after a tax had been assessed on the district from which the new one was taken, and the new district claims the tax accruing on its part of the territory. Is it entitled to it? A. The tax due or collected is a part of the "property" belonging to the old district when the new was formed. The new district has no claim except that arising under sections 12, 13 and 14, and this claim includes a proportionate share of the tax; but all that is due the new district is to be raised and paid over as provided in section 14. Q. Our district voted, at annual meeting, that the school-house might be used for religious meetings, but prosecution is threatened, if this is continued. Would an action lie, if commenced? A. The vote of the district is of no legal effect in the matter. According to the decision of the Supreme court, an action would lie, if any of the tax payers object to the use of the house for other than school purposes. At the same time, by courtesy, such use as is mentioned is generally allowed, without objection. (See comments on section 48.) A. A district can authorize and direct the sale of a school-house only when it is no longer needed for school purposes; as for instance, when a new one has been built and the old one abandoned. It cannot be sold for the reason that the district neglects to maintain a school. Q. Our district changed its schoolhouse site from a low wet place to a good dry one; a special meeting was called, and through unfair means, the vote was rescinded; what can be done now? A. Call another special meeting and reconsider and rescind the action of the If it turns out that a maprevious one. jority are determined on having what the minority consider an improper site, an appeal can be taken. POWERS OF THE DISTRICT BOARD. Q. Can a district board allow a teacher to close school frequently and be absent to attend to other matters? A: The board has no such specific power, under the school law, and those entitled to the privileges of the school would have just cause of complaint if the board took such a course. Q. Can the board allow the teacher to open the school house for an evening school, for those who cannot attend in the day time? A. It may be held that the board can arrange for such a school as a public school, if necessary, but not as a private school. Q. Could foreign pupils be admitted to such a school? A. Their admission to an evening session of the public school would come un. der the same regulations as their admission to the day sessions. (Sec. 19, sub-section eleventh.) Q. The board arranged a course of study which requires two classes to take grammar; two boys refuse to study it; can they be compelled to? A. Of course pupils must conform to the rules of the school, or be excluded, if incorrigible. A particular pupil may be excused, for sufficient reason, from a par Q. Can a district sell its school-house ticular study; for instance, because in for a church? rather feeble health. Q. If the teacher in a public school gives instruction in a foreign language, without authority, who is to interfere? A. It is the province of the board to regulate such matters, but any tax-payer or parent in the district may make complaint. Q. I find that many persons in this quarter do not agree in your opinion as to the power of a board to discharge a teacher, as expressed on page 35 of the Jannary number, 2d column; they say the only way for a teacher to be dismissed is for the superintendent to annui her license. How is this? A. The reasons for the opinion given have been presented more than once in this department of the JOURNAL. Perhaps more weight will be attached to the decision of the same question by the State Superintendent of New York: "A contract with a teacher, without expressed conditions, is to be interpreted by the conditions implied in the very nature of the contract, and the purposes for which it is entered into. Every such contract implies distinctly that the teacher employed possesses the essentials for moral char. acter, learning, ability and will. The license which he holds from the proper officer is prima facie evidence, only, that the applicant possesses these requisites, but it is not conclusive; the presumption raised by it may be rebutted by direct evidence, tending to show that the holder of such license lacks any or all of these qualifications. The question now raised is upon the proceedings to be had, in or der legally to effect a dissolution of a contract made with a teacher found or believed to be destitute of any of the essential qualifications for his position. The manner of proceeding upon an application to the proper authority for an annulment of the license held by the teacher is set forth with sufficient clearness in another part of the Code of Public Instruction. The annulment of the license dissolves all contracts entered into by virtue of its sanction. But can the fulfillment of a contract be avoided only in this way? Until the license is revoked, are the trus tees bound to retain a teacher obnoxious to the district through immorality, ignorance, or inefficiency? The affirmative of this is a too popular fallacy. The admis sion of it would be a subversion of the principles already enunciated as pertain ing to the essential nature of the contract. It cannot be supposed that in case a charge of gross immorality, specifically urged, carrying with it a strong presumption of its truth, were brought against a teacher, the trustees must wait for the tedious delay of a formal hearing in the case before a commissioner, and abide the event, which may be determined through inefficiency of evidence, while the moral conviction of the truth of the charges preferred is still strong and abiding. The presence among pupils of a teacher against whom such suspicions rest must of itself, from the suggestions to which it would give to the development of virtue and purity rise, promote conditions of mind opposed of heart. This consideration alone would justify the trustees in a summary dismis sal of the teacher. This, to be sure, is an extreme case, but it is sufficient to illus trate and to establish the principle advanced, that the trustees may be justified in the discharge of a teacher before the close of the term specified in his contract. In determining what constitutes such justification, it is difficult, not to say impossible, to establish uniform rules. The decision as to the propriety of the act, and the power to perform it, rests with the trustees. For an abuse of their discretion, or an unwarrantable exercise of their au thority, they are, of course, responsible. On the complaint of the party sustaining the issue becomes one of fact, and it dewhat he considers a grievance or wrong, volves upon the trustees to show by evithe ability, or the will, essential to a proper discharge of his duties, and that he failed thus to fulfill the obviously implied conditions of his contract. The mere fact of dissatisfaction on their part, or that of the inhabitants, is not sufficient to justify the discharge of a teacher employed for a definite period." dence that the teacher lacked the character, TAXES-LOANS. Q. Does the law require the school money levied by tax of the county to be apportioned on the scholar, or on the assessed valuation of property? A. On the scholar. (See section 58.) Q. In October A moved from district No. 4 to 6, taking his personal property with him; where is he to pay his district tax on said property? A. In No. 4, if the tax was voted before he left the district. Q. If a district borrows money, and a portion of its territory is afterwards set into another district, is that territory still holden for the loan? A. It is not, unless special legislation so provides, as in the case of loans from the trust funds of the state. MISCELLANEOUS. Q. I am guardian of two of my sister's children who are living with me, their father being dead; have they a right to attend school in my district, or in the one where their mother lives? A. If the home or residence of the children is with you they should be allowed to attend school in your district; if they are to go back to their mother, their residence is there. Q. I am town clerk. The boundaries of this town and the next have been changed, to take effect April 1. By the change, the school-house of joint district No. 1 is placed in the other town. The office of district treasurer has for some time been vacant. Who appoints to fill vacancy, I or the other town clerk? A. The power of appointment continues with you until April 1, but the other town clerk is to endorse. (See sec. tion 50.) a Q. Is the dictionary supplied to school for the use of the teacher or pupils? A. For both, of course; but it should not carried about carelessly, from desk to desk, as the cover soon becomes loose. A good plan is to have a little desk on purpose to hold it, to which pupils can resort, under suitable restrictions. Mr. I. N. STEWART, superintendent of Waukesha county, recommends a movable holder, and has a plan for one. · Q. Is there a law forbidding algebra to be taught in the public schools? A. There is not. must be taught (Sec. 58), “and such others as may be determined upon by the district board." It is unwise to take up much time with the higher branches. Ordinarily the lower branches are not well learned. The board should not allow the teacher to introduce algebra or any other unusual branch, unless there is both time and occasion for it. This refers especially to the common mixed schools. Certain branches EDITORIAL MISCELLANY. THE QUESTION OF TEXT-BOOKS. One of the difficult educational prob. lems of the day is the text-book question. The people are asking relief from what they consider an unnecessary bur den of taxation for the school books used by their children. The belief is quite general (1) that text-books are unnecessarily costly; and (2) that changes in books are unnecessarily frequent. A popular desire for reform in this direction found an expression in the platform of the party whose successful candidates are now managing the public interests of the State. It is one Not only in our own, but also in other States, has the text-book question provoked feeling and discussionof the more important, as well as one of the more difficult questions connected with our educational interests. There are so many competing series, of different often so many books in a series, on one publishers, on a given subject; there are subject; the range of subjects taught in the schools is now so wide; and, finally, changes in text-books are so frequent, from the personal preferences of successive teachers, or the persuasive appeals of publishers' agents, that it is no wonder paterfamilias dreads the opening of a school term as much as (although for a different reason) do the youngsters. The teacher also often finds, from the variety of books among his pupils, a dif ficulty in classifying the school, and a consequent waste of time and energy. These are serious evils, for which there should be found some remedy. The following possible solutions of this question have been presented, and have their respective advocates: (1.) State uniformity in text-books, secured by the appointment of a commission, whose duty it shall be to select the books, the books so selected to be furnished by agreement with the publishers at the lowest possible wholesale rate, and their use made obligatory for a series of years. (2.) County or town uniformity, se cured by the appointment of a county or town commission, whose duty it shall be to select the books, which when so select ed shall be purchased and used as above. Under either this or the preceding plan the books may be ordered in needed quantities by the towns or districts, direct from the publishers. (3.) State uniformity, with the text books selected and purchased by the State, and furnished to the schools, through the county, town or district organizations, at cost, as Webster's Dictionary is now furnished. (4.) County or town uniformity, with text-books purchased by the county or town, and furnished to pupils in the several districts free of cost, or for a small rent fee per term, as books are now furnished to pupils in the Normal Schools. (5.) State uniformity, with text-books prepared expressly for the State by contract with authors, and to be published by the State and furnished to schools at cost, or free, as school copies of the Constitution are now furnished. (6.) The present chaotic system. Which of these plans is the worst would perhaps not be difficult for intelligent men to decide; but which would in practice work most satisfactorily is not so easy to determine. The first has been tried in Minnesota, with general results which we have as yet failed to ascertain with much certainty. The fourth is a plan which good authority says is now working satisfactorily in Maine. The people of the State may rest assured that the Educational Department of the administration is thoroughly alive to any genuine reform which it may be possible to inaugurate in this direction, and will leave no means untried to determine the exact conditions of this problem. To ascertain these it conceives to be its first duty in the premises. That these conditions are not so few or so easily apprehended as some shallow reformers may think, he best knows who is best acquainted with the methods and cost of making and selling books, with the power and influence of publishers, with the difficulty of bringing into harmony of view and action on such a question all classes and sections, with the working of plans in other States, etc., etc. Nevertheless, it is our belief that a practical and generally satisfactory solution of the question is attainable, and it may be expected that the first Annual Report of the present Superintendent will contain the conclusions reached through a careful study of the subject in this and other States. ACADEMIES AND THAT SORT OF THING. A sense of obligation and of justice impels us to a brief comment upon some paragraphs of President Arey's paper published in this number of the Journal. The paper, as a whole, is full of truth, boldly and clearly expressed, and will be read with interest as well by those who heard it in the association, as by those who become acquainted with it for the first time in these pages. (1.) The author says, in reference to select or boarding schools, they "generally find their ends accomplished when the instructors of them have secured a competence, or have learned from biting experience that there is no money in them. He further says, "my experience has failed to convince me that they have other ends than those terminating in self." One of the best schools we ever attended was a select boarding school, owned and managed by a man who was in every sense an honor to the teacher's profession. The school supplied a want felt by the community, was largely attended, was well equipped with teachers and apparatus, and did a noble, work. In our subsequent experience in teaching we are inclined to think our best, most thorough, most conscientious and thoroughly successful work was done years ago in a select school in a little country village,― a school which we confess we should never have opened if we had not in view certain "ends terminating in self," i. e., we wanted a few hundred dollars to enable us to finish our college course. We afterwards taught in a public school, and the truth compels us to say we would not have done that, if there had not been the same selfish "ends"-desired by us and shamefully acquiesced in by the sinful Board. On our honor (which after this confession may be held cheap), we do not think we had any higher motives in the latter work than in the former. We liked the work each time, and think we performed it satisfactorily, but we feel tolerably sure we would not have done it if the "ends" we sought had not been mainly selfish. We suppose it is chiefly the teacher that makes the school. Now is teaching any more selfish in its ends in a select school, academy or college, than in a district, graded, or normal school? Can there not be, and is there not likely to be, as much unselfishness, devotion to duty, thoroughly conscientious labor, in private schools as in public? So far as our own observation, experience, and reason go, there is really more of these virtues in the former. The best work is often there. The highest culture is often there. Those who teach as if professionally, permanently, are more likely to be found in private schools. This is a fact scarcely any one will question. The army of evanescent and hence poor teachers, is to be found rather in the public schools. mies has not been free to all, has never driven from their doors a single student worthy the title. Even if he must pay the fee, as pride generally prompts, its amount is comparatively trifling. It is not the cost of tuition that ever keeps away poor but ambitious youths. It is the far greater cost of attendance in other respects-in board, and clothing, and cessation from productive labor. These are what have made, and probably always will make higher education expensive,— unless indeed we can furnish it almost at every man's door. Are these things without cost in the higher schools of our boasted "free" system? Does it actually cost nothing for a non-resident to attend the Whitewater Normal, or the State University? Are these really free schools in any wide sense, except to those living in the immediate vicinity? New England Academies-whether on New England soil or elsewhere-have done a noble work, and are still doing it. Rich and poor alike, have there shared common advantages. Sons of poor men as well as rich, now in places of honor and trust all over our broad land, look back to earlier days passed in eastern academics, and call those institutions blessed. (3.) But it is asserted that academies (2.) Another statement is, "the acade- have declined-that they have outlived my had its origin in the interests of the their usefulness. This statement is not rich. The poor have hardly found a foot- true without large qualification. In the hold within its walls." Both these state- eastern states, where the academic system ments we believe to be almost wholly un- has had its fullest development, some acadjust and untrue. Who that recalls the emies, it is true, have lost their former pres efforts and sacrifices of the early inhab- tige, some have been changed into free itants of New England to found schools high schools with academic departments, for higher instruction, does not know and some have quite ceased to exist. them to be unjust? Who that knows Many, however, are still in a prosperous aught of the best New England and New condition, and not a few are now offering York Academies does not know that better advantages and enjoying greater thousands of poor men's sons, and daugh- prosperity than ever before. If a once ters too, have found there, and there only, flourishing academy has declined, it may the culture their souls thirsted for,-have be regarded as certain that its misfortune found there scholarships and prizes has been due (aside from accidents of bad to help them in the struggle,―have found management, to which these schools there, in case of real need, tuition as free have ever occasionally been subject) tɔ as the generous hearts and minds of no- the establishment in its vicinity of ble founders and managers could make stronger public or private schools which The fact that tuition in those acade. offer equal or superior academic facilities. 3-Vol. IV, No. 2. |