OFFICIAL DEPARTMENT. OFFICIAL OPINIONS. Prepared by the Assistant Superintendent. Question. Can territory be set from one district into another, without the knowledge or consent of the parties liv. ing on the same? Answer. Notice of any intended alteration must necessarily be given only to the clerks of the districts that will be affected thereby; but the clerks must give notice to their respective boards, that they may be heard in behalf of their districts, if they have any objections to make. Any person feeling aggrieved, however, by an alteration made, may take an appeal to the State Superintendent. (Section 122.) Q. Does not chapter 50, of the Gen. Laws of 1868, that is to say, Section 1 of the School Code, as it now stands, forbid any district to have more than 36 square miles? of a tax, be waived, by mutual understanding and agreement? A. It was held by the Supreme Court, (Jan. Term, 1874), in a case where District No. 1, of Cicero, Outagamie Co., claimed a share of the value of the property of District No, 1, Black Creek, (which latter previously embraced the other district,) that the requirement to act "at the time of forming" a new district "is directory merely," and if not complied with at the time specified, it may be complied with afterwards, which affirms the ruling of this department. The fact that the constitution of the board of supervisors had changed meanwhile does not alter their powers or duties. Q. If the supervisors do not, "at the time," determine the amount due, and certify it to the clerk of the old district, etc., as provided in sections 12, 13 and 14, can it be done afterwards, and by the next board? A. The law is not retrospective in its A. The supervisors must proceed acoperation. From and after the enactment cording to law, and can enter into no of the law of '68, supervisors would gov. understanding or agreement of such a ern themselves by it in forming and alter-nature. ing districts, but districts previously Q. Our district was re-organized, and formed, although embracing more than 36 square miles, remain as they were, until changed by the action of the supervisors. the number changed from 6 to 10; was it necessary that the officers first elected after this change file written acceptances, as provided in section 6? A. Not if the district had never ceased to exist. It is only in case of a new district that written acceptance of office must be filed, by the officers just elected. Q. Our district embraced two town. ships; the county board formed a new town; does not that make two districts also? A. No, it only makes it a joint district, | (See section 7, and comment.) lying in two towns. If there was good reason to make two towns where there was but one before, there must be good reason for making two school districts; but this can be done only by the joint action of the boards of both towns. County boards cannot create school districts-either directly or indirectly. Q. Is a special school district meeting called and held elsewhere than at the school house, to be deemed legal? Q. Can a joint district be in two counties? This depends on circumstances. It is easy to imagine circumstances under which the action of a meeting thus called should be set aside; and again it might be quite proper that the meeting should be called and held at some other place than the school-house. Of course full A. It may be if circumstances renders and timely notice of this should be given. it necessary. (Sec. 107.) Q. When a new district is formed from another, can the requirement to determine the value of the property due the new district and to pay over the same, by means By custom and by implication, a schoolmeeting is to be at the school-house, unless some sufficient special reasons exist for calling it elsewhere. Q. One of our school districts voted a few years ago to change annual meeting to August, and has since met in August, but the vote was not filed with the town clerk. I am told that officers since elected are not legal officers; ought I then, as town clerk, to appoint? A. Elections in August are not legal if the filing was not done. I would suggest this: let the persons now acting as district officers unite in an affidavit stating the facts, and asking you to appoint. You will do best to appoint the persons now acting. The clerk can call the annual meeting in September, and the district can then fill the offices by election, and, if it chooses, vote the change of annual meeting to August over again, taking care to have the vote filed. If any trouble is likely to arise out of the illegality of past meetings of the district, an act can be procured next winter to legalize them. Q. A school-district, in which no school had been kept for ten years, was all attached to other districts except 40 acres, which embraced the school-house site. The agreement was that the district should retain the site as long as need for a school. The "40" has been sold, and no reservation was made as to site. Can the supervisors sell the school-house and dispose of the proceeds, under section 16? A. They would have this power if the district had acquired an indefeasible title to the site; but it appears that the district forfeited the site years ago, and as the school-house was not then removed or sold, it goes with the land. Q. Can the State Superintendent, under any circumstances, fix the site of a school-house? Q. What are to be considered "satis factory reasons" to the State Superintendent, under chapter 300, Gen. Laws of 1873, for allowing an apportionment of school money to a district which has failed to maintain five or more months (100 days) school-is the poverty of a district a sufficient reason? A. Satisfactory reasons are such as arise from "some unusual and unlooked for cause which has prevented the keeping up of said school." Before this general law was passed, the legislature was accustomed to authorize the apportionment of money in certain cases, as when the school-house had been burnt, and school could not be continued. In giv. ing the State Superintendent discretionary power, it was not intended that he should show more leniency than the legislature had done. Many districts, unfortunately are poor, and find it burdensome to maintain five months school, but this is not an unusual and unlooked for circumstance. If really too weak to maintain a school, the district should be disbanded and attached to other districts, or else strengthened by addition of territory, if practicable. To allow weak districts to plead poverty and receive money would of course cause a great many to put in the plea, and operate as a systematic evasion of the law. Q. The clerk engaged a teacher without any legal certificate, and finally he and the director signed a contract with her, and put her into the school. What is to be done-she is not wanted by the district? A. The attention of the clerk and director, and likewise of the teacher, should be called to sections 42 and 136; the treas A. Only in case an appeal is taken urer should protest against the school, from the action of the district. Q. What is meant by the words "the year next preceding," in chapter 46, Gen. Laws of 1874, the preceding school year? A. The words are to be taken in their obvious sense, viz., the year next preceding the date given-i. e., "the last Monday in June." If the last preceding "school year" was intended the law would have said so. and warn the person teaching that she has no legal contract; the people should refuse to send. This will put an end to it. But if the school is recognized, and the people send, the result will be that if the teacher demands payment for services rendered, she will be entitled to recover. Q. Can a single member of the board purchase things needed? A. Not legally, until he is directed or empowered to do so by the board. EDITORIAL MISCELLANY. THE NATIONAL ASSOCIATION. The meeting of the National Educational Association, at Detroit, the first week in August, was a success. The place was well chosen. Detroit is an easily accessible, wide streeted, cleanly kept, pure watered and every way attractive city. The programme was well made. North, South, East, West; The United States, Canada; Univerities, Colleges, Normal Schools, Academies, High Schools, Primaries-all these were represented within its generous and catholic limits. The addresses and papers were in the main well considered, carefully written, prac. tical and useful contributions to pedagogic literature and wisdom. Two or three were especially able, timely, and valuable. Of these we wish briefly to speak. PRESIDENT WHITE'S ADDRESS. Above all others in value and interest we place the address of President White of Cornell University. This was in nearly every respect an admirable paper. From a literary point of view it was in style clear, incisive and logical to a rare degree. President White has mastered the art of expression. It is a delight to hear or to read things so sharply and deftly put. But it is in the importance of its ideas that the chief value of this paper consists. We hold these so important that we believe the State could not expend money more wisely than in the publication of 10,000 copies for gratuitous distribution. The policy of State support for higher education is here defended with a wealth of argument and illustration probably never before brought to its support in this country. The fundamental proposi tion of the paper was that "The main provision for advanced education in the United States must be made by the people at large, acting through their National and State Legislatures, to endow and maintain institutions for the higher instruction, fully equipped and free from sectarian control." President White first described the Universities of Germany, and especially that 3-Vol. IV, No. 8. of Berlin, which is younger than the great majority of our American Colleges of any reputation, and yet has 190 professors and 2,500 students. "The result of the German system," said he, "has been great, intellectually, morally and politically. These Universities, supported by the whole people and for the whole people, stand far ahead above any others in the world." Comparing then the American with the German policy he declared that while making primary and secondary education a matter of National and State concern, we have left advanced education, in the main, to various religious sects. We have "allowed an imaginary line to be drawn, utterly illogical, below which the State provides for education, gladly and fully; above which she turns the whole matter over to the sectarian spirit of the country. While the United States has pushed the roots of its public school system down in the views and feelings of the whole people, and thus obtained a deep, rich soil, which has given sturdy growth, it has pushed the roots of advanced education down into the multitude of scattered sects and has obtained a soil wretch. edly thin, and a growth miserably scant." "The main condition of primary edu. cation," he further asserted, "is diffusion of resources, the main condition of ad. vanced education is concentration of resources. England sees this, and has but four universities; imperial Prussia sees it, and has but eight; the United States has not seen it, and the last report of the Bureau of Education shows that we have over 300 institutions bearing the proud name of 'College' and 'University.'' Over 360 he might have said. Asserting that this system of advanced education is now an old one, and that the time has arrived when it may be fairly and fully judged, he declared it to be comparatively a failure and brings ample illustration of the fact. He then argues "that careful public provision by the people for their own sys. tem of advanced instruction is the only republican, and the only democratic method." He argues next "that by public provision can private gifts be best stimulated," and again "that by liberal public grants alone can our private endowments be wisely directed or economically aggregated." Then come the following theses: "That our existing public school system leads us logically and necessarily to the endowment of advanced instruction." "That the existing system of public endowments for advanced education in matters relating to the military and naval service, leads logically to public provis ion for advanced education in matters relating to the civil service of the nation." That while it is conceded that public provision is necessary to fit men to take part in warfare by land and sea, the new industrial warfare in which the nations are now emulously engaging, demands that the State should qualify its citizens to take part in this. "That not only does a true regard for the material prosperity of the nation demand a more reguiar and thorough provision for advanced education, but that our highest political interests demand it." And finally, "that it is a duty of society to itself—a duty which it cannot throw off-to see that the stock of talent and genius in each generation have a chance for development, that it may be added to the world's stock and aid in the world's work." We have thus presented the shadowy outline of this masterly address, believing that our readers will be gratified to receive this month even so imperfect a synopsis of a paper destined to be widely read, and as we hope, to be a power in the educational reform desired in this as well as in other States. school and college, there is a gap for which the provision is very insufficient. Our correspondence indicates that the lack of these intermediate schools is universal, and is recognized by the mass of our educational men. From all sides college presidents and professors, high school men, principals of academies, and public persons, write to us expressing their gratification that this, which some characterize as the great practical prcblem of the day in education, is attracting attention." Various methods of supplying this need are discussed with great wisdom and clearness, and the report may be regarded as a genuine approximation towards the early solution of this important question. We hope to present the paper in full in our next issue. THE CANADIAN SCHOOL SYSTEM. Another address of peculiar interest and value to educators in "the States," was that of Dr. Hodgins, Deputy Superintendent of Public Instruction of Ontario, Canada, giving an outline of the system of public instruction in that progressive province. The truth compels us to say that our Canadian neighbors are far in advance of us in many of the details of their comprehensive educational system. For instance the Doctor informs us that, (1.) In regard to the Executive, the head of the education department is a non-political and permanent officer. The Rev. Dr. Ryerson, who now fills that post so successfully, has held it for thirty years. Systems of education," says Dr. Hodgins, "are not built up in a day. The history of the present educational structure of Ontario confirms this truth; for with the fostering care of the Legislature it took at least ten or fifteen years, under one guiding hand alone, to bring the system through the preliminary stage of its existence." "The Legislature," he says, "has thus far wisely held, that after certain great principles of the educational system had been once settled, it was sound national policy to intrust to some enlightened and responsible person (within cerBetween these two, the common tain restrictions) the important duty of REPORT ON UPPER SCHOOLS. The report of the Committee on Upper Schools, presented by Dr. Hays, was an eminently sensible and practical paper which merited and received almost unanimous approval. The fact of incompleteness in our American provision for secondary instruction is thus recognized in the report: perfecting and keeping in continuous and|quire. The principle adopted is to make active operation the system of public in- a grant of one hundred per cent. on every struction." remittance for these things received at the depository from a school corporation, and to send out articles to the value of local enterprise is stimulated and the schools are amply supplied with the best kind of maps, apparatus and other requis (2.) Next to the Chief Executive, the most important offices of the system are the County Superintendents (or inspect-double the amount received. In this way ors as they are designated.) These officers must have attained the foremost rank as teachers, and must hold certificates of the highest grade. None others can be ap-ites at the lowest possible cost. pointed. They moreover hold their office These are in brief the chief features of virtually during good behavior. With a system for which Canada has already such qualifications, and holding office under such a secure term, these officers have proved themselves to be thoroughly efficient and impartial in the discharge of their duties. (3.) Three grades of certificates are given to teachers, of which the third or lowest grade must be held three years, and the second grade two years, before one can obtain the next higher. "In order to secure impartiality and uniformity, as well as a common standard of excellence for all the teachers in the Province, facilities have been provided by which every candidate teacher, wishing to obtain a certificate of any grade, shall attend an examination in his own locality, which is held simultaneously at the same hours of the same days, with the won celebrity-a system whose working and whose effects every consideration of self-interest should lead us to clearly study. Of the many other valuable papers read before the Association we have no time now to speak at length. We shall refer to some of them hereafter. Wisconsin was well represented in the contributions of Dr. Hoyt and Professor Butler. The former's vigorous and trenchant review of President Eliot's Report on a National University we had the pleas ure of hearing. Eliot's Report was madelast year in Dr. Hoyt's absence. This year in the absence of the Harvard President the Doctor had everything his own way. Professor Butler's paper on "Classical Studies in Higher Institutions" we unfortunately did not hear, but it was and city of the Province." (4.) The same systematic plan is pur-sented. It was in its author's usual felispoken of as one of the best things presued in regard to the transferring of pu- citous and original style, and was a wise: pils from the public to the county high and solid defense of studies whose preschools and collegiate institutes. All such candidate pupils are subjected to a uniform and simultaneous examination, on the same hours and days, three times a year all over the Province. same examination papers, in every county eminent value in higher culture ought to free them from all need of defense. REPORT OF THE BOARD OF EXAMINERS. (5.) Pensions are paid to worn out-The official report of the recent examiteachers. (6.) A compulsory law goes into operation this year, and from which the best results are anticipated. As it is, the public schools are attended by 434,000 out of nearly 500,000 children, between the ages of five and sixteen years. nation of candidates for State Certificates shows that only two of the fourteen applicants were successful. These were Mr. B. F. Anderson, of Burlington, and Mr. J. C. Smith, of Oshkosh. In accordance with the recommendation of the report the State Superintendent has issued to the former a life certificate, and to the latter a five years certificate. (7.) There is a plan for providing the schools from a central depository with the maps, charts, diagrams, apparatus, Two or three other applicants, howlibrary and prize books, which they re-ever, fell but little below the required |
