« *o^ "^ iV-^. % •^ 0' > %■' » * A <^o .^^ ^^0^ '^oi> '** * * ^ •^0^ ' <« A .0 ^ 1^ • .-C'^^.N . *■ ^0' ,- V » * * Ji «*v .*?^, .^^^ 5^ "%. '--'^iW.^ .'^' ■■- .^' ^'\ ■C*"^ • • > , ■- The New York School Officers Handbook A MANUAL Common School Law C. W. BARDEEN Editor of the School Bulletin Ninth Edition, wholly re-written, with 1678 referencks to legal decisions, and 605 citations SYRACUSK. N. Y. C. W. BARDEEN, PUBLISHER Copyright, 1910, by C. \V. Bardeen v> References References to the New York Education Law of 1909 are indicated by figures in parenthesis. Thus (303) means section 303 of the education law of 1909. References to other New York statutes than that of 1909 are indicated by a number, a colon, and the year, all in parenthesis. Thus (36:1909) stands for chapter 36 of the laws of 1909. References to the New York Code of Public Instruction, last edition (1887), are indicated by italic nttmbers in paren- thesis. Thus (492) means page 492 of the Code of 1887. This Code is a volume of 1075 pages, bound in full leather, and giving the explanations and decisions of the State De- partment. It is still the authority upon all points except where the law has been changed, and by means of this man- ual is made readily available. Copies may be had of the publisher of this volume at $2.50 each. References to decisions of the New York commissioner of education are indicated by D and the number of the decision in parenthesis. Thus (D 1665) refers to decision No. 1665. References to legal decisions are indicated in the usual form. Thus (29 N Y 641) means page 641 of the 29th volume of New York supreme decisions. References marked 5. B. are to The School Bulletin, by volume and page. Vol. I is for ^874-5, and Vol. XXXVI for 1909-10. :C!,A2r^rl!)81 Analytical Table of Contents Introduction CONSTITUTIONAL PROVISIONS 7 DEFINITIONS 8 Part I The School District CHAPTER, I FORMATION 9 Joint districts 10 Separate neighborhoods 12 CHAPTER II THE DISTRICT MEETING 15 Qualifications of voters 18 Powers 20 Schoolhouse sites 21 New schoolhouses 24 Library 27 CHAPTER III SCHOOL DISTRICT OFFICERS 43 Clerk 43 Collector 45 Treasurer 48 Trustees 49 Election 51 CHAPTER IV SCHOOL TAXES 51 Assessment 55 Exemptions 59 Bank 61 Railroads 63 Warrant 63 CHAPTER V HIRING TEACHERS 71 Who may hire 74 Who may be hired 77 Qualified teachers 80 2 School Law CHAPTER VI QUALIFIED TEACHERS 82 Examination 83 Further requirements 84 Annulling certificates 89 CHAPTER VII DURATION OF CONTRACT 100 Contract should be written 100 Limits of duration lOS Holidays 109 Enforced vacation 112 CHAPTER VIII TEACHERS' WAGES 114 Janitor work 115 Specifications 119 Verification of register 121 CHAPTER X DISMISSING TEACHERS 123 Teacher's refusal to keep contract 123 Dismissal must be for cause 124 Remedy for injustice 142 CHAPTER XI TRUSTEE AND TEACHER 148 Original authority in hands of trustee 148 But teacher has authority of his own 150 Teacher's authority not to be taken 152 Defence against complaining parents 155 CHAPTER XII EXTENT OF AUTHORITY 157 On the road concurrent 157 Except in New York 162 CHAPTER XIII RULES AND REGULATIONS 165 What rules are reasonable 105 CHAPTER XIV HOURS OF SCHOOL 170 Recess 170 Detaining pvipils after school 171 CHAPTER XV SCHOOL ATTENDANCE 172 Schools free 172 Vaccination 174 Contents Regularity of attendance 176 Tardiness 179 Suspension 182 CHAPTER XVI THE COMPULSORY LAW 'l85 Requirements 185 Labor certificate 187 School record certificate 188 Penalties 190 CHAPTER XVII COURSE OF STUDY 199 The temperance law 201 Kindergartens 205 Patriotic exercises 205 Compelling pupils to follow the course 208 CHAPTER XVIII RELIGIOUS INSTRUCTION 21^1 New York follows a precedent 214 What is sectarian 216 Religious services in the schoolhouse 219. CHAPTER XIX CORPORAL PUNISHMENT 221 A statute right in New York 222 Limitations on exercising the right 223 Illustrative legal decisions 229 Modern tendency of opinion 234 Expulsion the alternative 238 The truant school 240 CHAPTER XX SUSPENSION AND EXPULSION 242 Right to attend school conditional 242 Teacher may suspend, usually 243 Teacher may not expel 245 Defective children 246 Sufficient reason for expulsion 251 Trustees must expel when necessary 254 How long suspension should continue 255 Damages for wrongful expulsion 260 4 School Law CHAPTER XXI PUBLIC MONEYS The state funds 264 Apportionment by commissioner 266 Apportionment by school commissioner 270 Gospel and school lots 274 CHAPTER XXII TRUSTEES: MISCELLANEOUS 276 Issuing bonds 277 Buying books and apparatus 278 United States flags 279 School savings banks 280 Reports 281 CHAPTER XXIII TEACHERS' CERTIFICATES 286 Where valid 287 General rules 289 Elementary certificate 292 Academic certificate 295 Rural renewable certificate 297 Training class certificate 300 Limited state certificate 303 State certificate 304 College graduate certificate 307 Temporary license 310 Special certificate 311 Part II The Union School CHAPTER XXIV UNION SCHOOL DISTRICTS 313 Differences from common district 313 How formed 315 Meetings 319 CHAPTER XXV UNION SCHOOL OFFICERS 324 Powers of board of education 326 Must teach drawing 327 Industrial schools 328 Academic departments 333 Apportionment 335 Contents 5 Superintendent 340 Teachers' class 431 Levying tax 345 Part III Village Schools CHAPTER XXI VILLAGE SCHOOLS 349 Differences from other union schools 349 Compulsory age 353 Part IV City Schools CHAPTER XXVII CITY SCHOOLS 357 Differences from union and village schools 357 Certification of grade teachers 357 Industrial schools 358 Census board 359 Part V The Town CHAPTER XXVIII THE TOWN 369 Pensions 369 Attendance officers 371 Supervisor 371 Town Clerk 377 Part VI The County CHAPTER XXIX THE SCHOOL COMMISSIONER 380 Must not act as agent 382 Powers 385 Teachers' Institute 388 Part VII The State CHAPTER XXX THE COMMISSIONER OF EDUCA- TION 392 Apportionment 393 Powers 394 6 School Law Cornell university 395 Normal schools 401 Appeals 407 CHAPTER XXXI REGENTS OF THE UNIVERSITY 409 Election 409 Powers 411 Library and museum 412 Higher education 418 Incorporation 418 Bequests 431 Constitutional Provisions 1. Common schools. The legislature shall provide for the maintenance and support of a system of free common schools, whereiyi all the children of this state may be educated. 2. Higher education. The corporation created in the year 1784, under the name of the regents of the university of the state of New York is hereby continued under the name of the University of the state of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the legislature, shall be exercised, by not less than nine regents. 3. Educational funds. The capital of the common school fund, the capital of the literature fund, and the capital of the United States deposit fund, shall be respectively preserved in- violate The revenue of the said common school fund shall be applied to tlie suport of common schools; the revemie of the said literature fund shall be applied to the support of accuiemies ; and the sum of $25,000 of the United States deposit fund shall each year be apportioned to and made part of the capital of the said common school fund. 4. Restrictions of subsidies. Neither the state nor any subdivision thereof, shall use its property or credit or any public money, or authorize or permit either to be used, directly or indirectly, in aid or maintenance, other than for examination or inspection, of any school or institution of learning wholly or in part under the control or direction of any religious denom- ination, or in which any denominational tenet or doctrine is taught. (7) Definitions Academy means an incorporated institution for instruction in higher branches of education, but not authorized to confer degrees, and such high schools, academic departments in union schools and similar unincorporated schools as are admitted by the regents to the university as of academic grades. College includes universities and other institutions for higher education authorized to confer degrees. University means university of the state of New York. Regents means board of regents of the university of the state of New York. Commissioner means commissioner of education. School commissioner means the local officer provided for on page 381. Higher education means education in advance of common elementary branches, and includes the work of academies, col- leges, universities, professional and technical schools, and educational work connected with libraries, museums, university extension courses and similar agencies. The term "trustees," ivhen not used in reference to a school district, includes directors, managers or other similar members of the governing board of an educational institution. The term "persons in parental relation" to a child, includes the parents, guardians or other persons, whether one or more, lawfiilly having the care, custody or control of such child. The term "school authorities" means the trustees, or board of education, or corresponding officers, whether one or more, and by whatever name knoivn, of a city, iinion free school dis- trict, common school district, or school district created by special law. (2) (8) CHAPTER I The School District The provisions in the first twenty-three chapters apply to common school districts. For union school districts there are also special provis- ions, as given in Chapter XXIV. For separate neighborhoods see page 12. The unit of school control in the state of New York is the school district. All neighboring states have adopted the township system, by which all the schools in a town are under one management, but New York has adhered to local control. St. Lawrence county has a permissive law for a system of town manage- ment (277-80), and there are some other towns in which the township system prevails under special laws. The town is divided into districts by the school commissioner. (20) In conjunction with the commissioners of adjoining school commissioner districts, he sets off joint districts, composed of adjoining parts of their respective districts, and he insti- tutes proceedings to alter the same in respect to the territory within his own district. (20) He describes and numbers the school districts, and joint districts, and delivers in writing to the town clerk the des- cription and number of each district lying in whole or in part in his town, together with all notices, consents and proceedings relating to the formation or alteration thereof, immediately after such formation or alteration. (20) (9) 10 The School District [Part I Every joint district must bear the same number in every school com- missioner district of whose territory it is in pa.'t composed. (20) Whenever it may become necessary or converient to form a school district out of parcels of two or more school commissioner districts, the school commissioners of such districts, or a majority of them, may form a joint district; and the school commissioners within whose districts any such school district lies, or a majority of them, may alter or dissolve it. (21) If a school commissioner, by notice in writing requires the attendance of the other school commissioners at a joint meeting for the purpose of altering or dissolving such a joint district, and a majority of all the com- missioners refuse or neglect to attend, such commissioners attending, or any of them, may call a special meeting of such school district for the purpose of deciding whether such district shall be dissolved; and its decision of that question is as valid as though made by such commissioners. (22) With the written consent of the trustees of all the districts to be affected thereby, the school commissioner may, by order, alter any school district within his jurisdiction, and fix, by said order, a day when the alteration shall take effect. (23) No district may be altered that has any outstanding indebtedness. (D 4363, 4381.) If the trustees of any such district refuse to consent, he may make and file with the town clerk his order making the change; but directing that it shall not take effect till a specified day not less thna 3 months after giving notice to the trustees as given below. (24) Within 10 days after filing such order, he must give to one or more of the assenting and the dissenting trustees of any district affected by the change, at least a week's notice in writing, that at a named time and place within the town, he will hear the objections to the alteration. The trustees of any such district may request the supervisor and town clerk to be associ- ated with the commissioner; the decision made, whether the order directing the change shall be confirmed or annulled, is final, unless duly appealed from. A tie vote is regarded a decision for the purposes of an appeal on the merits. Upon such appeal the commissioner of education may affirm, modify or vacate the order of the school commissioner or the action of the local board. (245) The supervisor and the town clerk are each entitled to ?1.60 per day for their services, to be levied as a charge upon the town. (37) Whenever one or more common school districts adjoin any union free school district whose limits do not correspond with those of an incorporated village or city, upon the written consent of the trustees of all the districts to be affected, the school commissioner may dissolve such common school dis- District] Alteration and Dissolution 11 tricts and annex the territory ot such districts so dissolved to such union free school districts, and may alter any union free school district whose limits do not correspond with those of any incorporated village or city, in the manner provided by this article, but no such district shall be divided, upon which there is an outstanding bonded indebtedness. (26) Any school commissioner may dissolve one or more dis- tricts, and may from such territory form a new district; he may also unite such territory or a portion thereof to any existing adjoining common or union free school district. (27) Though a district be dissolved, it continues to exist in law, for the purpose ot providing for and paying all its just debts; and to that end the trustees and other officers continue in office, and the inhabitants may hold special meetings, elect officers to supply vacancies and vote taxes; and all other acts necessary to raise money and pay such debts shall be done by the inhabitants and officers of the district. (32) The school commissioner, or a majority of stjch commis- sioners in whose districts a dissolved school district was situated, must by his or their order in writing, deliver to the clerk of the district, or to any person in whose possession the books, papers and records of the district, or any of them, may be, direct such clerk or other person to deposit the same in the clerk's office in the town in the order named. Such clerk or other person, by neglect or refusal to obey the order, forfeits $50, to be applied to the benefit of the common schools of said town. Such commissioners shall file a duplicate of the order with such clerk. (33) When two or more districts are consolidated into one, the new district succeeds to all the rights of property possessed by the annulled districts. (31) When a district is parted into portions, which are annexed to other districts, its property must be sold by the supervisor of the town, within which its school-house is situated, at a public auction, after at least 5 days' notice, by notice posted in 3 or more public places of the town in which the school-house is situated, one of which must be posted in the district so dissolved. The supervisor, after deducting the expenses of the sale, must apply its proceeds to the payment of the debts of the district, and apportion the residue, if any. among the owners or possessors of taxable property in the district in ratio of their several assessments on the last corrected assess- ment-roll of the towns, and pay it over accordingly. (35) 12 The School District [Part I The supervisor of the town within which the school-huose of the dis- solved district was situated may demand, sue for and collect, in his name of office, any mocej of the district outstanding in the hands of any of its former officers, or any other person; and, after deducting his costs and expenses, must report the balance to the school commissioner, who must portion the same equitably among the districts to which the parts of the dissolved districts were annexed, to be by them applied as their district meeting shall determine (36) As districts which for the conveaience of the children embrace parts of two or more towns are called joint districts, so districts where the children can be more conveniently instructed in a school sit- uated in another state are called separate neighbor- hoods. Each school commissioner in respect to the terri- tory within his district has power, with the approval of the commissioner of education, to set off by itself any neighborhood adjoining any state of the union, where it shall be found most convenient for the in- habitants to send their children to a school in such adjoining state, and to deliver to the town clerk of the town in which it lies, in whole or in part, a des- cription of each such separate neighborhood. He must also prepare a notice, describing such neighbor- hood, and appointing a time and place for the first neighborhood meeting, and deliver such notice to a taxable inhabitant of such neighborhood. (60) It is the duty of such inhabitant to notify every other inhabitant of the neighborhood, quahfied to vote at the meeting, by reading the notice in his hearing, or, in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, District] School Neighborhoods 13 at the place of his abode, at least 6 days before the time of the meeting. In case such meeting is held, and in the opinion of the school commissioner it is necessary to hold such meeting before the time herein fixed for the first annual meeting, he must deliver another such notice to a taxable inhabitant of the neighborhood, who must serve it as hereinbefore pro- vided. (60) The annual meeting of each neighborhood is held on the first Tuesday of August in each year. (61) The hour and place are to be those fixed by the last previous neighborhood meeting; or, if such hour and place has not been so fixed, then at the hour and place of such last meeting; or, if such place be no longer accessible, then at such other place as the trustee, or, if there be no trustee, the clerk, may in the notices designate. The proceedings of no neighborhood meeting, annual or special, will be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it appears that the omission to give such notice was wilful and fraudulent. (61) The inhabitants of any neighborhood, entitled to vote, when assembled in any annual meeting or any special meeting called by the commissioner as above provided, have power, by a majority vote of those present to appoint a chairman for the time being, and to choose a neighborhood clerk and one trustee, and to fill vacancies in office. (61) The provisions in regard to district meetings apply to and govern such meeting, so far as the same can in substance be applied to the proceedings; and the provisions for district 14 The School District [Part I officers apply to and govern the officers of such neighborhood, so far as the same can in substance be applied thereto. (61) CHAPTER II The District Meeting Whenever a new school district is formed, the school commissioner or any one or more of such commissioners within whose districts it may be, must prepare a notice describing such district, and appointing a time and place for the first district meeting, and deliver such notice to a taxable inhab- itant of the district. (80) It is the duty of such inhabitant to notify every other inhabitant of the district qualified to vote at the meeting, by reading the notice in his hearing, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode, at least 6 days before the time of the meet- ing. (81) In case such meeting is held, and in the opinion of the school commissioner it is necessary to hold such meeting before the time herein fixed for the first annual meeting, he must deliver another such notice to a taxable inhabitant of the district, who must serve it as provided above. (82) The district clerk of each common school district must give notice of the time and place of the annual meeting by posting 5 notices of such meeting (15) 16 The District Meeting [Part I in 5 conspicuous places in the district 5 days previous to the date of such meeting. One of such notices must be posted on the front door of the school- house. (83) The annual meeting of each school district shall be held on the 1st Tuesday of August in each year. (84) Unless the hour and place have been fixed by a vote of a previous district meeting, the same must be held in the school- house at 7:30 p.m.. If a district possesses more than one school-house, it must be held in the one usually employed for that purpose, unless the trustees designate another. If the district possesses no school-house, or if the school-house shall be no longer accessible, then the annual meeting inust be held at such place as the trustees, or, if there be no trustee, the clerk, shall designate in the notice. (84) Whenever the time for holding the annual meeting in school districts passes without such meeting being held in any district, a special meeting must thereafter be called by the trustees or by the clerk of such district for the purpose of transacting the business of the annual meeting. (85. See 195) If no such meeting be called by the trustees or the clerk within 20 days after such time, the school commissioner of the commissioner district in which said school district is situated or the commissioner of education may order any inhabitant of such district to give notice of such meeting, and the officers of the district must make to such meeting the reports required to be made at the annual meeting, sub- ject to the same penalty in case of neglect; and the officers elected at such meeting will hold their respective offices only until the next annual meeting and until their successors are elected and have qualified. (85. See 81, 195.) District] Special Meetings 17 A special district meeting must be held whenever called by the trustees. The notice thereof must state the purposes for which it is called, and no business may be transacted at such special meeting, except that which is specified in the notice. (86. See 195) The district clerk, or, if the office be vacant, or the clerk be sick or absent, or refuses to act, a trustee, or some taxable inhabitant, by order of the trustees, must serve the notice upon each inhabitant of the district qxialified to vote at dis- trict meetings, at least 5 days before the day of the meeting, in the manner prescribed. But the inhabitants of any district may, at any annual meeting, adopt a resolution prescribing some other mode of giving notice of special meetings, which resolution and the mode prescribed thereby will continue in force until rescinded or modified at some sub- sequent annual meeting. (81, 86) At the annual meeting, the usual order ot business is the presentation of the annual reports of trustees, collector, and treasurer. The trustees then present statement of the money needed for teachers' wages, fuel, repairs, insurance, furniture, library, etc. and the meeting takes action upon it. This should precede election. — Superintendent''! Circular of Information, July 5, 1894; 407)- When the clerk and all the trustees of a school district have removed from the district, or their office be vacant, so that a special meeting can not be called, as hereinbefore provided, the school commissioner may in like manner give notice of, and call a special district meeting. (89) The proceedings of a district meeting, annual or special, will not be held illegal for want of a due notice to all the persons qualified to vote thereat, unless it appear that the omission to give such notice was wilful and fraudulent. (90) The proceedings of any meeting may be set aside where the proceedings were so turbulent and disorderly as to prevent a fair expression of opinion {.589), or where records of the 18 The District Meeting [Part I meeting were not properly kept {59 1)- But the meeting is not bound by strict parliamentary rules, and makes its own. {573) If it is impossible to transact the business of the meeting through noise and disorder, the chairman may adjourn it, after which the powers of the meeting are exhausted. (D 4504) Every taxable inhabitant, to whom a notice of any district meeting is delivered for services pursuant to any provisions of this article, who refuses or neglects to serve the same, as hereinbefore prescribed, forfeits $5 for the bene- fit of the district. (91) Whenever any district meeting is duly called, it is the duty of the inhabitants qualified to vote thereat, to assemble at the time and place fixed for the meet- ing. (92) A person who, without aiithority of law, wilfullj' dis- turbs any assembly or meeting not unlawful in its character, is guilty of a misdemeanor. (88: 1909, ^ 1470) Any person is qualified to vote at any school meet- ing for the election of school district officers, and upon all other matters which may be brought before such meeting who is: 1. A citizen of the United States. 2. 21 years of age. 3. A resident within the district for a period of 30 days next preceding the meeting at which he offers to vote; and who in addition thereto possesses one of the following four qualifications : a. Owns or hires, or is in the possession under a contract of purchase of real property in such district liable to taxation for school purposes, or b. Is the parent of a child of school age, provided District] Qualifications of Voters 19 such child has attended the district school in the district in which the meeting is held for a period of at least 8 weeks within the school year preceding such school meeting, or c. Not being the parent has permanently residing with him a child of school age who has attended the dis- trict school for a period of at least 8 weeks within the school year preceding such meeting, or d. Owns any personal property, assessed on the last preceding assessment roll of the town, exceeding $50 in value, exclusive of such as is exempt from exe- cution. The voter must have all the qualifications (1), (2), (3), and one of the quahfications (a), (b), (c), (d). An ahen is no longer permitted to vote. (D 4498) Under (b) both father and mother are entitled to vote. Under (c) only one person, the head of the household, is entitled to vote. Therefore where the husband and wife residing together have such a child residing with them, the wife is not on that account entitled to vote. Under (a) a man does not become eligible through real estate owned by his wife (79 1). (60 Neb 353; 83 N W 85) No person is ineligible to vote at any district meeting or to serve as any school officer, by reason of sex, who has the qualifications required by law. (93: 79 1) Woman school suffrage is now common. (15 Neb 4i, 19 N W 682, etc.) If any person offering to vote at any school district meet- ing is challenged as unqualified, by any legal voter in such district, the chairman presiding at such meeting must require the person so offering, to make the following declaration: "I do declare and affirm that I am, and have been, for the 30 days last past, an actual resident of this school district and that I am qualified to vote at this meeting." And every 20 . The District Meeting [Part I person making such declaration inust be permitted to vote on all questions proposed at such meeting; but if any person refuses to make such declaration, his vote must be rejected. (94) Any person who wilfully makes a false declaration of his right to vote at any such school meeting, after his right to vote thereat has been challenged, is deemed guilty of a mis- demeanor. And any person not qualified to vote at any such meeting, who votes thereat, thereby forfeits $10, to be sued for by the supervisor for the benefit of the common schools of the town. (95) No person present at a school meeting and believing that any person there votes illegally, and permitting such person so to vote, will be allowed to appeal to the education depart- ment against the proceedings of such meeting, nor will the proceedings be vitiated unless the result would have been changed by excluding the illegal votes. On all propositions arising at said meetings involv- ing the expenditure of money, or authorizing the levy of a tax in one sum or by instalments, the vote thereon must be by ballot, or ascertained by taking and record- ing the ayes and noes of such qualified voters attend- ing and voting at such meeting, and they may direct the moneys so voted to be levied in one sum, or by instalments. (97,127) The inhabitants entitled to vote, when duly assem- bled at any district meeting, have power by a major- ity vote of those present : It requires a majority vote to elect; that is the candidate must receive more votes than all the other candidates together {517, 524) 1. To appoint a chairman. (96) 2. // the district clerk be absent to appoint a clerk for the time. (96) District] Powers 21 3. To adjourn from time to time as occasion may require. (96) 4. To elect one or three trustees, a district clerk and a district collector, at their first meeting, and so often as such offices or any of them become vacated, except as hereinafter provided. (96, 145, 174) 5. At the first meeting or at any subsequent annual meeting, or at any special meeting duly called for that p7irpose, the qualified voters of any school district are authorized to adopt by a vote of a majority of such voters present and voting, to be ascertained by taking and recording the ayes and noes, a resolution to elect a treasurer of said district, who is the custodian of all moneys. (96) If such resolution shall be adopted, such voters must thereupon elect by ballot a treasurer for said district. Any person elected treasurer at any meeting other than an annual meeting, holds ofifice until the next annual meeting after such election, and until his successor is elected or appointed, and thereafter a treasurer must be elected at each annual meeting for the term of one year. (96) It may also accept the resignation of district officers. (148) See page 42. 6. To fix the amount in which the collector and treasurer shall give bonds for the due and faithful performance of the duties of their offices. (96 j 7. To designate a site for a school-house, or, with the consent of the school commissioner within whose district the school district lies, to designate sites for two or more school-houses for the district. (96) Such designation of a site for a school-house may be made only at a special meeting of the district, duly called for 22 The District Meeting [Part I such purpose by a written resolution in which the proposed site is described by metes and bounds, and the resolution must receive the assent of a majority of the qualified voters present and voting, to be ascertained by taking and recording the ayes and noes. (96,119) The district is not limited as to the amount it may pay for a site (e^i") The district must purchase a site. A perpetual lease will not be permitted. {f;50, 685) ■ Traffic in liquor is not permitted in any building, yard, booth, or other place which is on the same street or avenue or within 200 feet of a building occupied exclusively as a school-house; the measurements to be taken in a straight line from the center of the nearest entrance of the building used for such school to the centre of the nearest entrance of the place in which such liquor traffic is desired to be carried on. (39:1909) So long as a district remains unaltered, the site of a school- house owned by it, upon which there is a school-house erected or in process of erection, may not be changed, nor such school- house be removed, unless by the consent, in writing, of the school commissioner having jurisdiction; nor with such consent, unless a majority of all the legal voters of said district present and voting, to be ascertained by taking and recording the ayes and noes, at a special meeting called for that purpose, adopt a written resolution designating such new site, and describing such new site by metes and bounds. (118) Whenever the site of a school-house has been changed, the district meeting has power, by a majority of the votes of those present, to direct the sale of the former site or lot, and the buildings thereon and appurtenances or any part thereof, at such price and upon such terms as they deem proper ; and any deed duly executed by the trustees of such district, or a majority of them, in pursuance of such direction, is valid and effectual to pass all the estate or interst of such school district in the premises. (120, 229) District] Schoolhouse Sites 23 When a credit is directed to be given upon such sale for the consideration money, or any part thereof, the trustees are authorized to take in their corporate name such security by bond and mortgage, or otherwise, for the payment thereof, as they deem best, and are to hold the same as a corpora- tion, and account therefor to their successors in office and to the district, in the manner they are now required by law to account for moneys received by them; and the trustees of any such district for the time being may, in their name of office, sue for and recover the moneys due and unpaid upon any security so taken by them or their predecessors. (120) All moneys arising from any sale thus made must be applied to the expenses incurred in procuring a new site, and in remov- ing or erecting thereon a school-house, and improving and furnishing such site and house, and their appurtenances, so far as such application is necessary; and the surplus, if any, must be devoted to the purchase of school apparatus and the support of the school, as the inhabitants at any annual meeting shall direct. (121) Land for the site of a school-house in any school district or additional land adjoining to and for the en- largement of an established site in any school dis- trict, may be acquired by condemnation in cases where the owners thereof, or some of them, will not consent to sell the same for such purpose, or the trustees or board of education of the district can not agree with such owners or some of them, upon the price or value thereof, as real property for public use is taken under and pursuant to the laws of the state. (122) The trustees or board of education of any such school district are authorized and empowered to institute, carry on and complete the proceedings necessary for acquiring said land, and the title thereto, for and on behalf of such district. The method of procedure to acquire such land is that pre- scribed for the condemnation of real property for public use in title 1 of chapter 2-3 of the code of civil procedure, and any amendments thereof, entitled " proceedings for the condemnation of real property", and known as the "condem- nation law". (122) 24 The District Meeting [Part I But this does not apply to cities of more than 30,000 inhabitants, nor is it lawful under this section to acquire title less than the whole of any city or village lot. with the erections thereon, if any, without the consent of such owners; nor beyond the corporate limits of cities, to any fsarden or orchard, or any part thereof, nor to any part of any yard or inclosure necessary to the use and enjoyment of buildings, or any fixtures or erections for the purposes of trade or manufactures, without the consent of the owners thereof. (123) 8. To vote a tax upon the taxable property of the district to purchase, lease and improve such sites or an addition to such sites; to hire or purchase rooms or buildings for school-rooms or school-houses, or to build school-houses; and to keep in repair and furnish the same with necessary fuel, furniture and appurtenanres. (96, 126) The district may vote to build a new .schoolhouse without waiting for the commissioner to condemn the old one. (D 4337) A school commissioner may by an order under his hand, reciting the reason, condemn a school-house, if he deems it wholly unfit for use and not worth repair- ing, and deliver the order to the trustees, or to one of them, and transmit a copy to the commissioner of education. Such order, if no time for its taking effect be stated in it, takes effect immediately. He must state therein what sum will, in his opinion, be necessa- ry to erect a school-house capable of accommodating the children of the district. (1 15) Immediately upon the receipt of said order, the trustees of such district must call a special meeting of the inhabitants of said district, for the purpose of considering the question of building a school-house thereon. Such meeting has power to determine the size of said school-house, the material to be used in its erection, and to vote a tax to build the same. But District] New School-houses 25 such meeting has no power to reduce the estimate made by the commissioner aforesaid by more than 25% of such estimate. (115) Where no tax for building such house has been voted by such district within 30 days from the time of holding the first meeting to consider the question, it is the duty of the trustees of such district to contract for the building of a school-house capable of accom- modating the children of the district, and to levy a tax to pay for the same, which tax shall not exceed the sum estimated as necessary by the commissioner aforesaid, and which shall not be less than such es- timated sum by more than 25% thereof. But such estimated sum may be increased by a vote of the inhab itants at any school meeting subsequently called and held according to law. (115) No school-house may be built so as to stand on the division line of any two towns. (110) No school-house may be erected in any city of the 3rd class or in any incorporated village or school district, and no addition to a school building in any such place may hereafter be erected, the cost of which shall exceed S500, or tax levied for the same, until the plans and specifications for the same have been submitted to the commissioner of education and his approval indorsed thereon. Such plans and specifica- tions must show in detail the ventilation, heating and lighting of such buildings. (Ill) Such plans must provide at least 15 square feet of floor space and 200 cubic feet of air space for each 26 The District Meeting [Part I pupil to be accommodated in each study or recitation room therein, and provision made for assuring at least 30 cubic leet of pure air every minute per pupil, and the facilities for exhausting the foul or vitiated air therein must be positive and independent of atmos- pheric changes . (116) Such school-houses must also have all halls, doors, stairways, seats, passage-ways and aisles and all lighting and heating appliances and apparatus ar- ranged to facilitate egress in cases of fire or accident and to afford the requisite and proper accommodations for public protection in such cases. All exit doors must open outwardly, and, must, if double doors be used, be fastened with movable bolts operated simul- taneously by one handle from the inner face of the door. No staircase may be constructed with wider steps in lieuof a platform, but must be constructed with straight runs, changes in direction being made from platforms. No door may open immediately upon a flight of stairs, but a landing at least the width of the door must be provided between such stairs and such doorway. (Ill) All school buildings in the state, other than in the city of New York, which are more than 2 stories high, must have properly constructed stairways on the outside thereof, with suitable doorways leading there- to, from each story above the first, for use in case of fire. Such stairways must be kept in good order and free from obstruction. (112) District] Public Libraries 27 It is the duty of the trustee or board of education having charge of said school buildings to cause such stairways to be constructed and maintained, and the reasonable and proper cost thereof are a legal charge upon the district or city, and must be raised by tax, as other moneys are raised for school purposes. (112) 8a. To vote such taxes as they deem expedient for making additions, alterations or improvements to or in the sites or structures belonging to the district, or for the purchase of other sites or structures, or for a change of sites, or for the erection of new buildings, or for buying apparatus, or fixtures, or for paying the wages of teachers and the necessary expenses of the school, or for such other purpose relating to the sup- port and welfare of the school as they may, by reso- lution, approve. (126) 9. To vote a tax, not exceeding $25 in any one year, for the purchase of maps, globes, blackboards and other school apparatus, and for the purchase of text-books and other school necessaries for the use of poor scholars in the district. (96, 126) This section does not authorize the adoption of free text-books. (229) It has been held in Illinois that in the absence of a constitutional provision or of a statute giving authority, no board of education may expend money to buy books to give or to loan to children. (Kill vs. Harris, Cook county C. C. Nov. 23, 1901). See page 39. 10. To vote a tax for the establishment of a school library and the maintenance thereof, or for the support of any school library already owned by said district, and for the purchase of books therefor, and such sum as they may deem necessary for the purchase of a book- case. (96, 126, 1047) By majority vote at any election, any city, village, 28 The District Meeting [Part I town, school district, or other body authorized to levy and collect taxes, or by vote of its common coun- cil, or by action of a board of estimate and appor- tionment or other proper authority, any city, or by vote of its trustees, any village, may establish and main- tain a free public library, with or without branches, either by itself or in connection with any other body authorized to maintain such library. (1028, 1047) Whenever 25 taxpayers so petition, the question of provid- ing library facilities must be voted on at the next election or meeting at which taxes may be voted, provided that due public notice shall have been given of the proposed action. A municipality or district named in this section may raise money by tax to establish and maintain a public library or libraries, or to provide a building or rooms for its or their use, or to share the cost as agreed with other municipal or district bodies, or to pay for library privileges under a con- tract therefor. It may also acquire real or personal property for library purposes by gift, grant, devise or condemnation, and may take, buy, sell, hold and transfer either real or per- sonal property and administer the same for public library purposes. (1028) By majority vote at any election any municipality or dis- trict or by three-fourths vote of its council, any city, or any public library in the university, or any designated branch thereof, if so authorized by such vote of a municipality, district, or council, or any combination of such voting bodies, may accept gifts, grants, devises or bequests for public library purposes on condition that a specified annual appro- priation shall thereafter be made, by the municipality or district or -combination so authorizing such acceptance for maintenance of such library or branches thereof. (1029, 1047) Such acceptance, when approved by the regents of the university, and in a school not subject to their visitation District] Public Libraries 29 when approved by the commissioner of education, is a binding contract, and such municipahty and district must levy and collect yearly the amount provided in the manner prescribed for other taxes, and must maintain any so accepted gift, grant, devise or bequest, intact and make good any impairment thereof. (1029) By similar vote money may be granted towards the support of libraries not owned by the public but maintained for its welfare and free use; provided, that such libraries shall be subject to the inspection of the regents and regis- tered by them as maintaining a proper standard, that the regents shall certify what number of the books circulated are of such a character as to merit a grant of public money, and that the amoimt granted yearly to libraries on the basis of circulation shall not exceed 10 cts. for each volume of the circulation thus certified by the regents. (1030) Taxes, in addition to those otherwise authorized, may be voted for any purpose specified above, and must, unless otherwise directed by such vote, be con- sidered as annual appropriations therefor till changed by further vote, and are to be levied and collected yearly, or as directed, as are other general taxes. (1032) All money received from taxes or other sources for such library must be kept as a separate library fund and expended only under direction of the library trustees on properly authenticated vouchers. (1032) Free public libraries established by action of the voters or their representatives must be managed by trustees who have all the powers of trustees of other educational insti- tutions of the university ; provided, unless otherwise specified in the charter, that the number of trustees be 5; that they be elected by the legal voters, except that in cities they must be appointed by the mayor with the consent of the common 30 The District Meeting [Part I council, from citizens of recognized fitness for such position: that the first trustees determine by lot whose term of office shall expire each year and that a new trustee shall be elected or appointed annually to serve for 5 years. (1033) Within one month after taking office, the board or trustees of any such free public library must apply to the regents for a charter in accordance with the vote establishing the library. (1034) Every library thus established must be forever free to the inhabitants of the locality which establishes it, subject always to rules of the library trustees, who have authority to exclude any person who wilfully violates such rules ; and the trustees may, under such conditions as they think expedient, extend the privi- leges of the library to persons living outside such locality. (1035) Every library or museum which receives state aid or any exemption from taxation or other privilege not usually accorded to business corporations must make the report required by the regents, and such report relieves the insti- tution from making any report now required by statute or charter to be made to the legislature, or to any department, court or other authority of the state. These reports are to be summarized and transmitted to the legislature by the regents with the annual reports of the state library and state museum. (1036, 1096) Whoever intentionally injures, defaces or destroys any property belonging to or deposited in any incor- porated library, reading-room, museum or other educational institution, shall be punished by imprison- ment in a state prison for not more than 3 years, or in a county jail for not more than 1 year, or by a fine of not more than $500, or by both fine and imprison- ment. (1037) District] Public Libraries 31 Whoever wilfully detains any book, newspaper, magazine, pamphlet, manuscript or other property belonging to any public or incorporated library, reading-room, museum or other educational institu- tion, for 30 days after notice in writing to return the same, given after the expiration of the time which by the rules ot such institution, such article or other property may be kept, must be punished by a fine of not less than $1 nor more than $25, or by imprison- ment in the jail not exceeding 6 months, and the said notice must bear on its face a copy of this section. (1038) Any corporation, association, school district or combination of districts may, by legal vote duly approved by the regents, transfer, conditionally, or otherwise, the ownership and con- trol of its library, with all its appurtenances, to any munici- pality, or district, or public library in the university, or any designated branch thereof, and thereafter such transferee shall be entitled to receive any money, books or other proper- ty from the state or other sources, to which the transferring body would have been entitled but for such transfer, and the trustees or body making the transfer shall thereafter be relieved of all responsibility pertaining to property thus transferred. (1029, 1039) If the local authorities of any library supported wholly or in part by state money, fail to provide for the safety and public usefulness of its books, the regents must in writing notify the trustees of said library which is necessary to meet the state's require- ments, and on such notice all its rights to further grants of money or books from the state are suspended until the regents certify that the requirements have been met. (1040) 32 The District Meeting [Part I If said trustees shall refuse or neglect to comply with such requirements within 60 days after service of such notice, the regents may remove them from office and thereafter all books and other library property wholly or in part paid for from state money are under the full and direct control of the regents who, as shall seem best for public interests, may ap- point new trustees to carry on the library, or may store it, or distribute its books to other libraries. (1040) Under such rules as the regents may prescribe, they may lend from the state Hbrary, dupHcate department, or from books specially given or bought for this pur- pose, selections of books for a limited time to any public library in this state under visitation of the regents, or to any community not yet having estab- lished such library, but which has conformed to the conditions required for such loans. (1041) The trustees or librarian or any citizen interested in any public library in this state are entitled to ask from the officers of the state library any needed advice or instruction as to a library building, furniture and equipment, government and service, rules for readers, selecting, buying, cataloguing, shelving, lending books, or any other matter pertaining to the establishment, reorganization or administration of a public library. The regents may provide for giving such advice and instruction either personally or through printed matter and correspondence, either by the state library staff or by a library commission of competent experts appointed by the regents to serve without salary. The regents may, on request, select or buy books, or furnish them instead of money apportioned, or may make exchanges and loans through the duplicate department of the state library. (1041) Such assistance is free to residents of the state as far as practicable, but the regents may, in their discretion, charge a proper fee to nonresidents or for assistance of a personal nature or for other reason not properly an expense to the state, but which may be authorized for the accommodation of users of the library. (1042) District] Public Libraries 33 Such sum as has been appropriated by the legis- lature as public library money is paid annually by the treasurer, on the warrant of the comptroller, from the income of the United States deposit fund, according to an apportionment made for the benefit of free libraries by the regents. (1043) None of this money may be spent for books except those approved or selected and furnished by the regents; no local- ity may share in the apportionment unless it raises and uses for the same purpose not less than an equal amount from taxation or other local sources; for any part of the ap- portionment not payable directly to the library trustees the regents file with the comptroller proper vouchers showing that it has been spent in accordance with law exclusively for books for free libraries or for proper expenses incurred for their benefit; and books paid for by the state are subject to return to the regents whenever the library neglects or ref u ses to conform to the ordinances under which it secured them. (1043) Any library thus established by public vote or action of school authorities may be abolished only by a majority vote at a regular annual election, ratified by a majority vote at the next annual election. (1044) If any such library is abolished its property shall be used first to return to the regents, for the benefit of other public libraries in that locality, the equivalent of such sums as it may have received from the state or from other sources as gifts for public use. After such return any remaining proper- ty may be used as directed in the vote abolishing the library, but if the entire library property does not exceed in value the amount of such gifts it may be transferred to the regents for public use, and the trustees are thereupon free from further responsibility. No abolition of a public library is lawful till the regents grant a certificate that its assets have been properly distributed and its abolition completed in accord- ance with law. ( 1044) 34 The District Meeting [Part I The school library is a part of the school equipment and must be kept in the school building at all times, and not be used as a circulating library, except that, so far as the rules fixed by the commissioner of education allow, teachers and school officers or pupils, with the leave of the librarian, may borrow from said library any book not needed for reference in the school-room; but such persons shall not borrow more than 1 volume at a time and shall not keep the same more than 2 weeks. (1045) The board of education or trustees must appoint a teacher of the schools under their charge as librarian, who, with the trustees, is responsible for the safety and proper care of the books, and must annually, and whenever required, make such reports concerning the library as the commissioner of education may direct. (1045) Any board of education in any city or union free school district, or any duly constituted meeting in any other district, is authorized to give any or all of its books or other library property to any township or other free public library under state supervision, or to aid in establishing such free public library, provided it is free to the people of such city or district. (1048) A receipt from the officers of the said free public library, and an approval of the transfer under seal by the regents of the university, forever relieves the said school authorities of further responsibility for ,he said library and property so transferred. (1048) Any books or other library property belonging to any district library, and which have not been in direct charge of a librarian duly appointed within one year, may be taken and District] The School Library 35 thereafter be owned by any public library under state super- vision, which has received from the regents of the university written permission to collect such books or library property, and to administer the same for the benefit of the public; provided, that said books or other library property be found in the territory for which such public library is maintained, as defined in its charter or in the permission granted by the regents; and further provided, that, on written request of the school authorities, any dictionaries, cyclopedias and pedagogic books be placed in the school library of the dis- trict to which such books originally belong. (1049) The public may not be entitled to use any library in the custody of the school authorities, but said author- ities may appoint 3 trustees who have the powers duties and responsibilities of trustees of public li- braries incorporated by the regents, and thereafter the school authorities may transfer to the custody of said trustees for the purposes of a circulating library any of their library property. (1048, 1050) The commissioner of education is authorized to v/ithhold its share of public school moneys from any city or district which uses school library moneys for any other purpose than that for which they are pro- vided, or for any wilful neglect or disobedience of the law or the rules or orders of said commissioner in the premises. (1051) 11. To vote a tax to supply a deficiency in any former tax arising frotn such tax being, in whole or in part, uncollectable . (96) 12. To authorize the trustees to cause the school- houses, and their furniture, appurtenances atid school apparatus to be insured. (96) 36 The District Meeting [Part I This must be in some insurance company created by or under the laws of this state, or some other insurance com- pany authorized by law to transact business in this state. (96) 13. To alter, repeal and modify their proceedings, from time to time, as occasion may require. (96) 14. To vote a tax for the purchase of a book for the purpose of recording their proceedings. (96) 15. To vote a tax to replace moneys of the district lost or embezzled by district officers; and to pay the reasonable expenses incurred by district officers in de- fending suits or appeals brought against them for their official acts, or in prosecuting suits or appeals by di- rection of the district against other parties. (96) 16. To vote a tax to pay whatever deficiency there may be in teachers' wages after the public money ap- portioned to the district shall have been applied thereto. (96) If the inhabitants neglect or refuse to vote a tax for this purpose, or if they vote a tax which proves insufficient to cover such deficiency, then the trustees are authorized, and it is their duty, to raise, by district tax, any reasonable sum that may be necessary to pay the balance of teachers' wages remaining unpaid, the same as if such tax had been author- ized by a vote of the inhabitants. (96) 17. To vote a tax to pay and satisfy of record any judgments of a competent court which are obtained in an action against the trustees of the district for unpaid teachers' wages, where the time to appeal from said judg- ments has elapsed, or there is no intent to appeal on part of such district, or the said judgments are of the court of last resort. (96) District] Judgments 37 If the inhabitants neglect or refuse to vote a tax for this purpose, or if they vote a tax which proves insufficient to fully satisfy said judgments, then the trustees are authorized and it is their duty to raise by district tax the amount of said judgments, or the deficiency which may exist in any tax voted by said inhabitants to pay said judgments, the same as if such tax had been authorized by a vote of the inhabitants, and the trustees are authorized, and it is their duty forthwith, after the expiration of 30 days from notice of any judgments having been entered against the district or the trustees thereof for unpaid teachers' wages, to call a meeting of the inhabi- tants of said district, who have power, as aforesaid, to vote to pay said judgments; and in case they refuse or neglect to do so, the trustees are authorized, and it is their duty, unless said judgments are appealed from, to raise by district tax the amount of said judgments as hereinbefore provided. (96) It was held in the Maryland supreme court, 1902, that when a child died from falling over a wire stretched across the school lot action will not hold against the trustees for negligence, since the funds in their hands are for educational purposes and cannot be used for damages. The circuit court in Michigan, Judge Coolidge, when Ardel Westervelt, 15 years old, sued the Benton Harbor school board for $10,000 for damages for sitting in an unhealthful schoolroom, ruled that schools are not liable in private action for injuries sustained through the negligence of school officials. (49 Minn 106; 85 N Y 185; 14 Gray 541; 122 Mass 344; 126 Mass 540; 13 R I 454; 25. O St 305; 36 O St 37; 121 Pa St 543; 44 la 27; 37 L R A 301 ; 12 Hun 209, reversed by 75 N Y 303. See 49 N E A 536) Rebecca Brown broke her leg through a defective floor in the New York public school at 108 Mott street, and in 1899 brought suit for $25,000 against the city. The suit was dismissed by Justice McAdam, who ruled that school proper- ty was under the control of the board of education, and that neither the members of the board nor their subordinates are agents or servants of the municipality, for whose negli- gence it is liable. The board of education is the representa- tive of the state, against which the action would lie. Yet it has been held in the Michigan supreme court that if a board erects a building so that snow must slide off the roof upon a neighbor's premises it is liable for damages. See Supt's Report, 1899, p. 107. 38 The District Meeting [Part I 18. To enter into a written contract with the trustees or boards of education consenting thereto, of any dis- trict, or city, whereby all or part of the children of the district may be entitled to be taught in the public schools of such city, or school district for such period as said authorities may agree upon not exceeding one full school year. (600) Upon filing a copy of such contract, duly certified by the trustees of each of such school districts, or by the secretary of the board of education of such city in the office of the commissioner of education, such school district, after such contract has been approved by the commissioner of education is deemed to have employed a competent teacher for the period of such contract. (600) For the general principle see Walden vs. Shelby, la. S.c, Apr. 12, 1901. The board of education of any city, and the trustees of any school district so contracting with any other school district, must report for the pupils attending such schools from such other districts to the commissioner of education the same as though they were residents of such city or school district. (601) Whenever any district has contracted with the school authorities of any city, village, or other school district for the education therein of the pupils residing in such school district, or whenever in any school district children of school age shall reside so remotely from the school-house therein that they are practi- cally deprived of school advantages during any portion of the school year, the inhabitants thereof entitled to vote are authorized to provide, by tax or otherwise, for the conveyance of any or all pupils residing therein to the schools of such city, village, or District] Text-Books 39 district with which such contract has been made, or to the school maintained in said district. (96) The trustees thereof may contract for such conveyance when so authorized in accordance with such rules and regu- lations as they may establish, and for the purpose of defray- ing any expense incurred in carrying out the provisions of this subdivision, they may if necessary use any portion of the public money apportioned to such district as a district quota. (96) 19. To designate text-books by a ^ vote of all the legal voters present and voting. (580) A text-book thus adopted may not be superseded within 5 years except upon a J vote of the legal voters present and voting, under a penalty of note less than $50 nor more than $100, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace, and to be paid to the collector for the benefit of the district. (580-2 ;229) The common school district does not have power to fur- nish free text-books; that is a power only of the union free school district. See page 27. Whenever a tax for any of the objects hereinbefore specified has been legally voted the board of trustees or board of education must make out their tax list, and attach their warrant thereto, as for school dis- trict taxes, and cause such taxes or such instalments to be collected at such times as they become due. (126) No vote to raise money may be rescinded, nor the amount thereof be reduced at any subsequent meet- ing, unless it be an adjourned meeting or a meeting called by regular and legal notice, specifying the pro- posed action, and at which the vote upon said proposed 40 The District Meeting [Part I reduction or rescinding is taken by ballot or by taking and recording the ayes and noes of the qualified voters attending and voting thereat. (126) It will be observed that the law makes special provisions to encourage liberality on the part of tax payers, but does not find it necessary to restrain their liberality. CHAPTER III School District Officers All district officers are elected by ballot. (46, 145) The trustees must provide a suitable ballot-box. Two inspectors of election must be appointed in such manner as the meeting shall determine, who receive the votes cast, and canvass the same, and announce the result of the ballot to the chairman. A poll-list containing the name of every person whose vote is received is kept by the district clerk, or the clerk for the time of the meeting. The ballots must be written or printed, or partly written and partly printed, con- taining the name of the person voted for and designating the office for which each is voted for. The chairman must declare to the meeting the result of each ballot, as announced to him by the inspectors, and the persons having the majori- ty of votes, respectively, for the several offices, are elected. (145) To vote that the secretary cast one ballot for an officer is not compliance with the law. (D 4.39.5) Election by informal ballot is not election. (D 4375) When a candidate has received a majority of the votes cast he is elected trustee and the meeting may not reconsider its action. (D 4371, 4379, 4390) The acts of officers de facto are as valid and effectual where they concern the public or the rights of third persons, as though they were officers de jurs. (73 111 A 471 ; 53 111 A 2,54) Every district officer must be (1) a resident of his district, and (2) quahfied to vote at its meetings. No person is eligible to hold any school district office who can not (3) read and write, and a treasurer must be (4) a taxable inhabitant of the district. (141) The term of office of a sole trustee of a district is 1 year. The full term of a joint trustee is 3 years, (41) 42 School District Officers [Part I but a joint trustee may be elected for 1 or 2 years, as herein provided. The term of office of all other district officers is 1 year. (142) From one annual meeting to the next is considered a year. The term of all officers elected at the first meeting of a newly created district expires on the 1st Tuesday of August, next thereafter. (143) Every district officer holds his office, unless removed during his term of office, until his successors shall be elected or appointed. (142) It is the duty of the district clerk, or of any person who acts as clerk at any district meeting, when any officer is elected, forthwith to give the person elected notice thereof in writing; and such peison is deemed to have accepted the office, unless, within 5 days after the service of such notice, he files his written refusal with the clerk. The presence of any such person at the meeting which elects him to office, is deemed a ■ sufficient notice to him of his election. (146, 170) Every person chosen or appointed to a school district office, who, being duly qualified to fill the same refuses to serve therein, forfeits $5; and every person so chosen or appointed, who, not having refused to accept the office, wilfully neglects or refuses to perform any duty thereof, by such neglect or refusal vacates his office and forfeits the sum of $10. (148) These penalties are for the benefit of the schools of the district. But the school commissioner of the commissioner district wherein any such person resides may accept his written resignation of the office, and the filing of such resignation and acceptance in the office of the district clerk is a bar to the recovery of either penalty in this section mentioned; or such resignation may be made to and accepted by a district meeting. (148, 170) District] District Clerk 43 District Clerk It is the duty of the district clerk (66, p. 21): 1. To record the proceedings of all meetings of the voters of his district in a book to be provided for that purpose by the district, and to enter therein true copies of all reports made by the trustees to the school com- missioner. (96, p. 20, 170) The records of the district clerk are not conclusive as to date. (D 3415, 4338) 2. To give notice, in the manner prescribed, of the time and place of holding special district meetings called by the trustees. (85, p. 16, 17, 170, 195) 3. To affix a notice in writing of the time and place of any adjourned meeting, when the meeting shall have been adjourned for a longer time than one month, in at least 5 of the most public places of such district, at least 5 days before the time appointed for such adjourned meeting. (170, 195) 4. To give the required notice of every annual district meeting. (83, p. 15, 170, 195) 5. To give notice immediately to every person elected or appointed to office of his election or appoint- ment , and also to report to the town clerk of the town in which the school-house of his district is situated, the names and post-office addresses of such officers, under a penalty of $5 for neglect in each instance. (146, 152, 170) 6. To notify the trustees of every resignation duly accepted by the school commissioner. (148, 170) 7. To keep and preserve all records, books and papers belonging to his office and to deliver the same to his successor. ( 170) 44 School District Officers [Part I 8. To obey the order of the school commissioner as to depositing the books, papers and records of his office in the town clerk's office in case the district should be dissolved. (170) 9. To attend all meetings of the board of trustees when notified, and keep a record of their proceedings in a book provided for that purpose. (170) 10. To call special meetings of the inhabitants whenever all the trustees of the district shall have vacated their office. (170) 11. To hold open for inspection the records, books and papers belonging or appertaining to his office by any qualified voter of the district at all reasonable hours, and permit any such voter to make copies thereof. (170) 12. To report to the supervisors the tax rate of the district. (62:1909) See page 62. The neighborhood clerk must keep a record of the proceedings of his neighborhood, and of the reports of the trustees, and deliver the same to his successor. (62) In case such nieghborhood shall be annexed to a district within this state its records must be filed in the office of the clerk of such district. (62) When a secretary of a school board is paid a salary he cannot claim compensation for extra service rendered the district beyond his duties as secretarj'. (14 York L R 88) As we have seen, he must keep the Poll list. (145, p. 41) District] District Collector 45 District Collector (96, p. 21) Within such time, not less than 10 days, as the trus- tees allow him for the purpose, the collector, before receiving the first warrant for the collection of money, must execute a bond to the trustees, with one or more sureties, to be approved by a majority of the trustees, in such amount as the district meeting shall have fixed, or if such meeting shall not have fixed the amount, then in such amount as the trustees shall deem reasonable, conditioned for the due and faithful execution of the duties of his office. (172, 392) The trustees, upon receiving said bond, must, if they approve thereof, indorse their approval thereon, and forth- with deliver the same to the town clerk of the town in which said collector resides, and said clerk must file the same in his office, and enter in a book to be kept by him for that purpose, a memorandum, showing the date of said bond, the names of the parties and sureties thereto, the amount of the penalty thereof, and the date and time of filing the same, and said town clerk is authorized to receive as a fee for such filing and memorandum the sum of 25 cts, which sum is hereby made a charge against the school district interested in said bond. (172) The collector or treasurer vacates his office by not executing a bond to the trustees, as required. (149) In case the trustees of any school district, other than one within the limits of any city or incorporated village, or one having elected a treasurer, deem it for the best interests of the district or the public to have the collector of such district disburse to teachers the money appor- tioned by the state for teachers' salary, they may so direct, by resolution to be entered upon the minutes of their proceedings. (173) 46 School District Officers [Part I Thereupon the said collector, before receiving any such money for such purpose, must execute a bond to the trustees, with two or more sureties, in double the amount of the last apportionment, with like conditions of sureties, approval of trustees, and amount and like directions as to filing as are required above the bond for the collection of taxes, and conditioned also for the due and faithful execution of the duties of his office as such disbursing agent. (173, 280) For method of collecting see pages 63-70. The collector must keep in his possession all moneys received or collected by him (D 4441) by virtue of any warrant, or received by him from the county treasurer or board of supervisors for taxes returned as unpaid, or moneys apportioned by the state or raised by direct taxation for teachers' wages or library, to be by him paid out upon the written order of majority of the trustees. (175, 391-7) When a treasurer has been elected in his district, the collector must pay over the moneys collected by him by virtue of his warrant, to said treasurer as provided. He must report in writing, at the annual meeting, all his collec- tions, receipts and disbursements, and must report to the supervisor on or before the 1st Tuesday of March in each year the amounts of school moneys in his hands not paid out on trustees' orders, and pay over to his successor in office, when such successor has duly qualified and given bond as required, all moneys in his hands belonging to the district. (171, 172, 175) If by the neglect of any collector any moneys are lost to any school district, which might have been collected within the time limited in the warrant delivered to him for their collection, he forfeits to such district the amount of the moneys thus lost, and must account for and pay over the same to the trustees of such district, in the same manner as if they had been collected. (176) District] District Collector 47 The district may not release him from this obligation. (10 Neb 293; 35 Am R 477; 4 N W 1001) For the recovery of all forfeitures, and of all balances, in the hands of the collector, which he has neglected or refused to pay to his successor, or to the treasurer of such district, the trustees, in the name of their office, have their remedy upon the official bond of the collector, or any action and any remedy given by law; and they must apply all such moneys, when recovered, in the same manner as if paid without suit. (177) The collector receives for his services on all sums paid in within 30 days after posting his notice, 1%, and upon all sums collected by him after the expiration of the time mentioned, b%. (398) In case a levy and sale are necessarily made by such collector, he is entitled to travelling fees, at the rate of 10 cts per mile, to be computed from the school-house in the district. (398. See 401) He must deliver to the county treasurer the assessment rolls against the railroads in the district. (399) See pages 63-6. Upon notice that the tax is unpaid to the county treasurer, he is to collect the same by sale. (40 1) He presents report at annual meeting, (p. 17) When treasurer is elected he must pay over all district moneys to him. (171, p. 48) 48 School District Officers [Part I District Treasurer (96, page 21) The treasurer of a school district is the custodian of all moneys belonging to the district from whatever source derived. As has been seen (p. 41), he must be a taxable inhabitant of the district. (141) It is the duty of the trustees of such district to pay to such treasurer any and all moneys that may come into their hands belonging to such district derived from the sales of personal or real property of the district, from insurance policies, from bonds of the district issued and sold by them, or from any other source whatever. (171) The collector must pay over to such treasurer all moneys collected by him under and by virtue of any tax list and warrant issued and delivered to him. (171) The treasurer is authorized and empowered to demand and receive from the supervisor of the town in which such school district is situated all public money appor- tioned to said district. See page 372. (171) It is the duty of the treasurer within 10 days after notice of his election to execute and deliver to the trustees of such district, his bond in such sum as shall have been fixed by a district meeting of as such trustees shall require, with at least two sureties to be approved by such trustees, conditioned to faithfully discharge the duties of his office, and to well and truly account for all moneys received by him, and to pay over any sums of money remaining in his hands to his suc- cessor in office. Such bond when so executed and approved in writing by such trustees must be filed with the district clerk. (96, p. 21, 171) No moneys may be paid out or disbursed by the treasurer except upon the written orders of a sole trustee, or a majority of the trustees. (171) District] District Treasurer 49 The treasurer must, whenever required by such trustees, report to them a detailed statement of the moneys received by him, and his disbursements, and at the annual meeting of such district he must render a full account of all moneys received by him and from what source, and when received, and all disbxirseinents made by him and to whom and the dates of such disbursements respectively, and the balance of moneys remaining in his hands. (171) District Trustees The district trustees are the executive officer-, of the district, and their duties are so broad that several chapters are necessary to explain them. They are ar- ranged as follows: IV. School Taxes, P- 51 V. Building Schoolhouses, Hiring Teachers, P- 71 VI. Qualified Teachers, P- 82 VII. Duration of Contract, P- 100 VIII. Teachers Wages, P- 114 IX. Conditions of Contract, P- 119 X. Dismissing Teachers, P- 123 XI. Relations to Teachers, P- 148 XII. Extent of Authority, P- 157 XIII. Rules and Regulations, P- 165 XIV. Hours of School, P- 170 XV. School Attendance, P- 172 XVI. The Compulsory Law, P- 185 XVII. The Course of Study, P- 199 XVIII. Religious Instruction, P- 214 XIX. Corporal Punishment, P- 221 XX. Suspension and Expulsion, P- 242 XXI. School Moneys P- 263 XXII. Miscellaneous P- 276 The neighborhood trustee must, between July 25 and Aug. 1 in every year, make his annual report to 50 School District Officers [Part I the school commissioner, and file it in the office of the clerk of the town of which the neighborhood is a part. (62) Such report must specify the whole amount of pubHc moneys received buring the year and from what pubhc officer, and the manner in which it was expended ; the whole number of such children as can be included in the district trustees' report residing in the neighborhood on June 3U; and any other matters which the commissioner of education may require. (62) CHAPTER IV Trustees: School Taxes On the 1st Tuesday of August next after the erection of a district, at its first annual meeting, the electors determine, by resolution, whether the district shall have 1 or 3 trustees; and if they resolve to have 3 trustees, elect the three for 1, 2, and 3 years respect- ively, and designate by their votes for which term each is elected. Thereafter in such district, 1 trustee is elected at each annual meeting to fill the office of the outgoing trustee. (96, p. 21, 144) The electors of any district having 3 trustees have power to decide by resolution, at any annual meeting, whether the district shall have a sole trustee or 3 trustees, and if they resolve to have a sole trustee, the trustees in office continue in office until their terms of office expire, and no election of a trustee is had in the district until the offices of such trustees become vacant by the expiration of their terms of office or otherwise, and thereafter but 1 trustee is elected for said district. (144) The electors of a district having but 1 trustee may deter- mine at an annual meeting, by a two-thirds vote of the legal voters present thereat, to have 3 trustees; and upon the adoption of a resolution to that effect, proceed to elect 3 trustees or such number as may be necessary to form a board of trustees; and thereafter in such district, 1 trustee is elected for 3 years, at each annual meeting, to fill the office of the outgoing trustee. (144. Compare 221.) A trustee or a member of a board of education vacates his office by the acceptance of the office of either school commissioner or supervisor. (140, 149) (51) 52 School Trustees [Part I No school commissioner or supervisor is eligible to the office of trustee or member of a board of education (140) No trustee may hold the office of district clerk, collector, treasurer, or librarian. (140; 304) Not more than one member of a family may be a member of the same board of education in any school district. (140) Questionable eligibility must be referred for decision to the commissioner of education. (D 4455) A trustee who publicly declares that he will not accept or serve in the office of trustee, or who refuses or neglects to attend 3 successive meetings of the board, of which he is duly notified, without rendering a good and valid excuse therefor to the other trustees, or trustee where there are but two, vacates his office by refusal to serve. (147) A trustee vacates his office by removal from the district, since the law requires that he be a resident; but not if he removes to or near the district line. (107 SW 329) A trustee or any other school officer may be removed by the commissioner of education for wilful violation or neglect of duty, or wilfully disobeying any decision order or regulation of the commissioner of education. (338, 229) A trustee may not be removed for immorality or for failure to agree with his associates, {760, 76 1), or for unintentional failure to comply with the law. (D 4380) In case the office of a trustee is vacated by his death, refusal to serve, incapacity, removal from the district, or by his being removed from the office, or District] Election and Removal 53 any other manner, the first act of the board of trustees, if there are three, must be to call a special meeting of the district so supply such vacancy. If the vacancy is not supplied by a district meeting with- in 1 month thereafter, the school commissioner of the commissioner district, within which the school-house ' or principal school-house of the district is situated, may, by a writing, under his hand, appoint a compe- tent person to fill it (150, 194) If such vacancy is supplied by a district meeting, it is for the balance of the unexpired term ; but when such vacan- cy is supplied by appointment by a school commissioner it is only until the next annual meeting of the district. (150, 152, 170, 229) Every appointment to fill a vacancy must be forthwith filed, by the school commissioner or trustees making it, in the office of the district clerk, who must immediately give notice of the appointment to the person appointed. (150, 152, 170) See page 43. The trustees of every school district, whether there is one or more, as hereinbefore provided, con- stitute a board for each of said districts respectively, and said boards are bodies corporate. (190. Com- pare 220, 49 N E 536) All property now vested in or hereafter transferred to the trustees of a district for the use of schools in the district, is held by them as a corporation. (191) A board consisting of a sole trustee of the district has all the powers, and is subject to all the duties. 54 School Trustees [Part I liabilities, and penalties conferred and imposed by law upon or against a board of 3 trustees or any trustees, or the majority of the trustees of said board having 3 trustees of a district. (192) The trustees of a district compose a board, and every power committeed to said trustees by this chapter must be exercised by the board. (193) The board must meet for the transaction of business in accordance with notice of time and place. ( 193) In a board composed of 3 trustees, when 2 only meet to deliberate upon any matter, and the 3rd, if notified, does not attend, or the 3 meet and deliberate thereon, the conclu- sion of 2 upon the matter, and their order, act or proceeding in relation thereto, is as valid as though it were the conclusion, order, act or proceeding of the 3 ; and a recital of the 2 in their minute of the conclusion, act or proceeding, or in their order, act or proceeding of the fact of such notice, or of such meeting and deliberation, is conclusive evidence thereof. (193) A meeting of the board may be ordered by any member thereof, by giving not less than 24 hours' notice of the same. (193) The acts of a majoiity are illegal when performed without notifying or consulting all three. (Sup't Morgan, Nov. 16, 1848; 4 Neb 254; 13 Neb 70; 23 Neb 184; 12 N W 829; 36 N W 554; 54 Pac 185) While there is one vacancy in the office of trustee, the 2 trustees have all the powers and are subject to all the duties and liabilities of the 3. While there are 2 such vacan- cies, the trustee in office has all the powers and is subject to all the duties and liabilities of the 3, as though he were a sole trustee. (194) But the first act of the board must be to call a special meeting to fill vacancies that exist. (150) See page 53. For further discussion of method of action see pages 74-6. District] School Taxes 55 It is the duty of the trustees of every school dis- trict, and they have power: Trustees can exercise only the powers conferred by statute ; and if they exceed these powers are responsible for losses that ensue. (72 111 508; 82 111 132) 1. To call special meetings of the inhabitants of such districts whenever they deem it necessary and proper. (195. See 86, 88) 2. To give notice of special, annual and adjourned meetings, if there be no clerk of the district, or he be absent or incapable of acting, or refuses to act. (195. See 85; D 4445, 4497) 3. To make out a tax-list of every district tax voted by any such meeting, or authorized by law, containing the names of all the taxable inhabitants residing in the district at the time of making out the list, and the amount of tax payable by each inhabitant, set opposite to his name. (195. See 380-411) They must do this within 30 days after the tax is voted. But they may at the same time assess two or more taxes so voted, and any taxes they are authorized to raise without such vote, and make out one tax-list and one warrant for the collection of the whole. (380) They must prefix to their tax-list a heading showing for what purpose the different items of the tax are levied. (380) School district taxes must be apportioned by the trustees upon all real estate within the boundaries of the district, which is not by law exempt from taxation. 56 School Trustees : School Taxes [Part I and such property must be assessed to the person or corporation owning or possessing the same at the time such tax-Hst shall be made out. (381) Unoccupied real estate must as assessed as nonresident, and a description thereof must be entered in the tax-list. (381) The trustees must also apportion the district taxes upon all persons residing in the district, and upon all corporations liable to taxation therein, for the personal estate owned by them and liable to taxation. (381) The valuations of taxable property must be as- certained, so far as possible, from the last assessment- roll of the town, after revision by the assessors; and no person is entitled to any reduction in the valuation of such property, as so ascertained, unless he gives notice of his claim to such reduction in writ- ing to the trustees of the district before the tax-list shall be made out. (382) Where such reduction is duly claimed and where the valua- tion of taxable property can not be ascertained from the last assessment-roll of the town, or where a lot partly in two or more school districts is assessed as one lot on the last assess- ment-roll of the town, or where the valuation of such prop- erty has increased or diminished, since the last assessment- roll of the town, or an error, mistake or omission on the part of the town assessors has been made in the description or valuation of taxable property, the trustees must ascertain the true value of the property to be taxed from the best evidence in their power, giving notice to the persons interest- ed, and proceeding in the same manner as the town assessors are required by law to proceed in the valuation of taxable property, the hearing of grievances, the duty of the super- visors of such towns so in part embraced and the revision of the town assessment-roll. (383) A person, who, in making any statement, oral or written, which is required or authorized by law to be made as the District] Assessment 57 basis of imposing any tax or assessment, or of an application to reduce any tax or assessment, wilfully makes, as to any material matter, any statement which he knows to be false, is guilty of a misdemeanor. (88: 1909, 2321) When a district embraces parts of more than one town, it is the duty of the supervisors upon receiving a written notice from the trustees of such district, or from three or more per- sons liable to pay taxes upon real estate therein, to meet at a time and place to be named in such notice, which time shall not be less than 5 or more than 10 days from the service there- of, and a place within the bounds of the towns so in part embraces, and proceed to inquire and determine whether the valuation of real property upon the several assessment-rolls of said towns is substantially just, as compared with each other, so far as said districts are concerned, and if ascertained not to be so, to determine the relative proportion of taxes that ought to be assessed upon the real property of the parts of such district lying in different towns. (384) The trustees of such district thereupon assess the proportion of any tax thereafter to be raised, according to the determination of such super- visors, until new assessment-rolls of the town are perfected and filed, using the assessment-rolls of the several towns to distribute the said proportion among the persons liable to be assessed for the same. In cases when such supervisors are unable to agree, they must summon a supervisor from some adjoining town, who unites in such inquiry, and the finding of a majority is the determination of such meeting. Such supervisors receive for their services $3 for each day actually employed, to be a town charge upon their respective towns. (384) When any real estate within a district so liable to taxation is not occupied and improved by the owner, his servant or agent, and not possessed by any tenant, the trustees of any district, at the time of making out any tax-list by which any tax is imposed thereon, must insert in such tax-list a state- ment and description of every such lot, piece or parcel of land so owned by nonresidents therein, in the same manner as required by law from town-assessors in making out the assessment-roll of their towns. (385) If any such lot is known to^belong to an incorporated company liable to taxation in such district, the name ofjsuch company must be specified, 58 Trustees : School Taxes [Part I and the value of such lot or piece of land set down opposite to such discrip- tion, which value must be the same that was affixed to such lot or piece of land in the last assessment-roll of the town; and if the same was not separately valued in such roll, then it must be valued in proportion to the valuation which was affixed in the said assessment-roll to the whole tract of which such lot or piece shall be part. (385) Special provisions are made as to taxation in Dannemora, in Wawar- sing, and of state lands in Rockland county. (3S6, 7, 7a) Any person working land under a contract for a share of the produce of such land, is deemed the possessor, so far as to render him liable to taxation therefor, in the district where such land is situate, and any person in possession of real property under a contract for the purchase thereof is liable to taxation therefor in the district where such real property is situate. (388) Every person owning or holding any real property within any school district, who improves and occupies the same by his agent or servant, is, in respect to the liability of such property to taxation, considered a taxable inhabitant of such district, in the same manner as if he actually resided therein. (389) Every taxable inhabitant of a district who has been, with- in 4 years, set off from any other district, without his consent, and has within that period actually paid in such other district, under a lawful assessment therein, a district tax for building a school-house, must be exempted by the trustees of the district where he shall reside, from the payment of any tax for building a school-house therein. (390) Where any district-tax, for the purpose of purchasing a site for a school-house, or for purchasing or building, keeping in repair, or furnishing such school-house with necessary fuel and appurtenances, is lawfully assessed, and paid by any person on account of any real property whereof he is only a tenant at will, or for 3 years, or for a less period of time, such tenant may charge the owner of such real estate with the amount of the tax so paid by him, unless some agreement to the contrary has been made by such tenant. (391) District] Exemptions from Taxation 59 The following property is exempt from taxation: a. Property of the United States (62:1909) h. Property of the state of New York other than its wild or forest lands in the forest preserve, which, with such lands owned by the state in the towns of Altona and Dannemora, county of Clinton, except the lands in the town of Dannemo- ra upon which buildings and inclosures are erected and main- tained by the state for the use of state institutions, together with said buildings thereon, is to be assessed and taxed at a like valuation and rate as similar lands of individuals within the counties where situated. (62:1909. See also Sec. 34 of the forest, fish, and game laws.) No tax for the erection of a school-house or opening of a road may be imposed on the state lands unless such erection or opening shall have first been approved in writing by the forest, fish and game commission. (62:1909) The treasurer of the state, upon the certificate of the comptroller as to the correct amount of such tax, pays the tax levied upon state lands in the forest preserve, by crediting to the treasurer of the county in which such lands may be situated, such taxes, upon the amount payable by such county treasurer to the state for state tax. No fees are allowed by the comptroller to the county treasurer for such portion of the state tax as is so paid (62:1909) c. Property of a municipal corporation of the state held for a public use, including real property held or used for cemetery purposes, and all lots and plats therein conveyed by the municipal corporation as places for the burial ot the dead, except the portion of municipal property not within the corporation . (62:1909) d. All property exempt by law from execution, other than an exempt homestead. (62:1909) Real property purchased with the proceeds of a pension granted by the United States for military or naval services, and owned and occupied by the pensioner, or by his wife or widow, is subject to taxation as herein provided. Such property is to be assessed in the same manner as other real property in the tax districts. At the meeting of the assessors to hear the complaints concerning assessments, a verified application for the exemption of such real propertv from taxation may be presented to them by or on behalf of the owner thereof, which application must show the 60 Trustees : School Taxes [Part I acts on which the exemption is claimed, including the amount of pension money used in or towards the purchase of such property. If the assessors are satisfied that the applicant is entitled to the exemption, and that the amount of pension money used in the purchase of such property equals or exceeds the assessed valuation thereof, they enter the word "exempt" upon the assessment-roll opposite the description of such property. If the amount of such pension money used in the purchase of the property is less than the assessed valuation, they enter upon the assessment-roll the words "exempt to the extent of dollars" (naming the amount) and thereupon such real property, to the extent of the exemption entered by the assessors is exempt from state, county and general municipal taxation, but taxable for local school purposes, and for the construction and main- tenance of streets and highways. If no application for exemption is granted, the property is subject to taxation for all purposes. The entries above required must be made and continued in each assessment of the property so long as it is exempt from taxation for any purpose. (62:1909.) See also Sec. 1393 of the Code of Civil Procedure. e. The real property of a corporation or association organized exclusively for the moral or mental improvement of men or women, or for religious, Bible, tract, charitable, benevolent, missionary, hospital, infirmary, educational, scientific, literary, library, patriotic, historical or cemetery purposes, or for the enforcement of laws relating to children or animals, or for two or more such purposes and used ex- clusively for carrying out thereupon one or more of such purposes, and the personal property of any stxch corporation. (62:1909) /. Real property of an incorporated association of pres- ent or former volunteer firemen actually and exclusively used and occupied by such corporation and not exceeding in value $15,000. (62:1909) ^. All dwelling-houses and lots of religious corporations while actually used by the officiating clergymen thereof, but the total amount of such exemption to any one religious corporation must not exceed $2,000. Such exemption is in addition to that provided by subdivision of above. (62 -1909) h. The real property of an agricultural society permanent- ly used by it for exhibition grounds. (62:1909) District] Bank Taxation 61 t. The real property of a minister of the gospel or priest who is regularly engaged in performing his duties as such, or permanently disabled by impaired health from the perform- ance of such duties, or over 75 years of age, and the personal property of such minister or priest, but the total amount of such exemption on account of both real and personal proper- ty must not exceed $1,500. (62:1909) The stockholders of every bank or banking associa- tion organized under the authority of this state, or of the United States, must be assessed and taxed on the value of their shares of stock therein; said shares to be included in the valuation of the personal property of such stockholders in the assessment of taxes in the tax district where such bank or banking association is located, and not elsewhere, whether the said stockholders reside in said tax district or not. (62:1909) Every individual banker is taxable upon the amount of capital invested in his banking business in the tax district where the place of such business is located and is, for that purpose, deemed a resident of such tax district. (62:1909) See the statute for limitations upon this exemption. The chief fiscal officer of every bank or banking association organized under the authority of this state, or of the United States, must, on or before July 1, in each year, furnish the assessors of the tax district in which its principal office is located a statement under oath of the condition of such bank or banking association on June 1 preceding, stating the amount of its authorized capital stock, the number of shares and the par value of the shares thereof, the amount of stock paid in, the amount of its surplus and of its undivided profits, if any, a complete list of the names and residences of its stockholders and the number of shares held by each. (62:1909) The rate of tax upon the shares of stock of banks and banking associations is 1% upon the value thereof, as ascer- tained and fixed in the manner hereinbefore provided, and the owners of the stock of banks and banking associations are entitled to no deduction from the taxable value of their 62 Trustees : School Taxes [Part I shares because of the personal indebtedness of such owners, or for any other reason whatsoever. The said tax is in lieu of all other taxes whatsoever for state, county, or local purposes. (62:1909) The board of supervisors of the several counties must ascertain the tax rate of each of the several town, city, village, school, and other tax districts in their counties, re- spectively, in which the shares of stock of banks and bank- ing associations are taxable, which tax rates include the proportion of state and county taxes levied in such districts respectively, for the year for which the tax is imposed, and the proportion of the tax on bank-stock to which each of said districts is respectively entitled is ascertained by taking such proportion of the tax upon the shares of stock of banks and banking associations, taxable in such districts, respective- ly, under the provisions of this chapter as the tax rate of such tax district bears to the aggregate tax rates of all the tax districts in which said shares of stock shall be taxable. (62:1909) The clerks of the several school districts to which any portion of the tax on shares of stock of banks and banking associations is to be distributed under this section must, in writing and under oath, annually report to the board of supervisors of their respective counties, during the first week of the annual session of such board, the tax rate of such school district for the year prior to the meeting of each such board. The said board of supervisors must issue their warrant or order to the couuty treasurei on or before Dec. 15, setting forth the number of shares of bank stock taxable in each school dis- trict, the tax rate of each of said school districts for said year, the proportion of the tax imposed by this chapter to which each of said school districts is entitled, under the provisions hereof, and commanding him to collect same, and to pay to the proper officer in each of such districts the proportion of such tax to which it is entitled under the provisions ot this chapter. (62: 1909) The said county treasurer shall be entitled to a commission of 1 % for col- lecting and paying out said moneys, which commission shall be deducted from the gross amount of said tax before the same is distributed. (62:1909) Every individual banker must report before June 15 under oath to the assessors of the tax district in which any of the capital invested in such banking business is taxable, the amount of capital invested in such banking business in sueh District] Railroad Taxation 63 tax district on June 1 preceding. Such capital is to be assessed ed as personal property to the banker in whose name such business is carried on. (62:1909) The assessors of each town in which a railroad, telephone or pipe line company is assessed upon property lying in more than one school district there- in, must, within 15 days after the final completion of the roll, apportion the assessed valuation of the prop- erty of each of such corporations among such school districts. Such apportionment must be signed by the assessors or a majority of them, and be filed with the town clerk within 5 days thereafter, and thereupon the valuation so fixed shall become the valuation of such property in such school district for the purpose of taxation. (62; 1909) In case of failure of the assessors to act, the supervisor of the town must make such apportionment on request of either the trustees of any school district or of the corpora- tion assessed. The town clerk must turnish the trustees a certified statement of the valuations apportioned to their respective districts. In case of any alteration in any school district affecting the valuation of such property, the officer making the same must fix and determine the valuations in the districts affected for the current year. (62:1909) For the provisions of an act providing for a uniform school tax in the sev- eral towns of St. Lawrence county, see 502:1902. 4. To annex to such tax-list a warrant, directed to the collector of the district, for the collection of the sums in such list mentioned. (195. See pages 45-7) This warrant must be under the hands of the trus- tees, or a majority of them, with or without their seals; and it has the like force and effect as a warrant 64 Trustees : School Taxes [Part I issued by a board of supervisors to a collector of taxes in the town. (171, 392) The collector to whom it may be delivered for collection is authorized and required to collect from every person in such tax-list named the sum set opposite to his name, or the amount due from any person specified therein, in the same manner that collectors are authorized to collect town and county taxes. (171, 392) A warrant for the collection of a tax voted by the district must not be delivered to the collector until the 31st day after the tax was voted. A warrant fo'- the collection of any tax not so voted may be delivered to the collector whenever the same is completed. (393) Any collector to whom any tax-list and warrant may be delivered for collection may execute the same in any other district or town in the same county, or in any other county where the district is a joint district and composed of terri- tory from adjoining counties, in the same manner and with the like authority as in the district in which the trustees issuing the said warrant may reside, and for the benefit of which said tax is intended to be collected; and the bond or sureties of any collector, given for the faithful performance of his official duties, are liable for any moneys received or collected on any such tax-list and warrant. (394) If the sum of money, payable by any person named in such tax-list, is not paid by him or collected by such warrant within the time therein limited, it is lawful for the trustees to renew such warrant in respect to such delinquent person ; and whenever more than one renewal of a warrant for the col- lection of any tax-list may become necessary in any district, the trustees may make such further renewal, with the written approval of the supervisor of any town in which a school- house of said district shall be located, to be indorsed upon such warrant. (395) District] Collection of Taxes 65 Whenever the trustees of any school district discover any error in a tax-list made out by them, they may, with the ap- proval and consent of the commissioner of education, after refunding any amount that may have been improperly col- lected on such tax-list, if the same is required by him, amend and correct such tax-list, as directed by the commissioner, in conformity to law. (396) The collector, on the receipt of a warrant for the collection of taxes, must give notice to the tax- payers of the district by publicly posting written or printed, or partly written and partly printed notices in at least 3 public places in such district, one of which shall be on the outside of the front door of the school-house, stating that he has received such warrant and will receive all such taxes as may be voluntarily paid to him within 30 days from the time of posting said notice. (397) The collector must also give a like notice, either personally or by mail, at least 20 days previous to the expiration of the 30 days aforesaid, to the ticket agent at the nearest station of any railroad corpora- tion, or the president, secretary, general or division superintendent, or manager of any canal or pipe line, assessed for taxes upon the tax-list delivered to him with the aforesaid warrant. (397) Except in the counties of New York, Kings, and Cattar- augus, within 5 days after the receipt by the collector of every tax or assessment roll of his district, he must prepare and deliver to the county treasurer of the county in which such district, or the greater part thereof, is situated, a state- ment showing the name of each railroad company appearing in said roll, the assessment against each of said companies for real and personal property respectively, and the tax 66 Trustees : School Taxes [Part I against each of said companies. Such county treasurer must, immediately after the receipt by him of such statement from such school collector, notify the ticket agent of any such railroad company assessed for taxes at the station nearest to the office of such county treasurer, personally or by mail, of the fact that such statement has been filed with him by such collector, at the same time specifying the amount of tax to be paid by such railroad company. (399) Within 30 days after the receipt of such statement by such county treasurer, the railroad company may pay the amount of tax so levied or assessed against it in such district and in such statement mentioned and contained with 1% fees there- on, to such county treasurer, who is hereby authorized and directed to receive such amount and to give proper receipt therefor. (400) In case any railroad company fails to pay such tax within said 30 days, it is the duty of the county treasurer to notify the collector of the school district in which the delinquent railroad company is assessed, of its failure to pay said tax, and upon receipt of such notice it is the duty of the col- lector to collect such unpaid tax in the manner now provided by law together with 5% fees thereon; but no school col- lector may collect by distress and sale any tax levied or assessed in his district upon the property of any railroad company until the receipt by him of such notice from the county treasurer. (401) The several amounts of tax thus received by the county treasurer must be by such county treasurer placed to the credit of the school district for or on account of which th same was levied or assessed, and on demand paid over to the school collector thereof, and the 1% fees received therewith shall be placed to the credit of, and on demand paid to, the school collector of such school district. (402) The railroad company may if it choose pay its school tax to the school collector direct, as provided by law. (403) District] Unpaid Taxes 67 Where the amount of the tax is $1 or more the collector must give a like notice to all nonresident taxpayers on said list whose residence or post-office address may be known to such collector, or may be ascertained by him upon inquiry of the trustees and clerk of his district, and no school collector is entitled to recover from any railroad corporation, canal com- pany, or pipe line, or nonresident taxpayer more than 1% fees on the taxes assessed against such corporation or nonresident, unless such notice shall have been given as aforesaid. (397) Whenever any sura of money payable by any per- son named in such tax-list, is not paid by such person, or collected by such warrant within the time therein limited, or the time limited by any renewal of such warrant; or in case the property assessed be real estate belonging to an incorporated company, and no goods or chattels can be found whereon to levy the tax, the trustees may sue for and recover the same in their name of office. (404) If any tax on real estate placed upon the tax-list and duly delivered to the collector, or the taxes upon nonresident stockholders in banking associations organized under the laws of congress, remain unpaid at the time the collector is required by law to return his warrant, he must deliver to the trustees of the district an account of the taxes remaining due, containing a description lof the lands upon which such taxes were unpaid as the same were placed upon the tax-list, together with the amount of the tax so assessed, and upon making oath before any justice 68 Trustees : School Taxes [Part I of the peace or judge of a court of record, notary public or any other officer authorized to administer oaths, that the taxes mentioned in any such account remain tmpaid, and that, after diligent efforts, he has been unable to collect the same, he must be credited by said trustees with the amount thereof. (405) Upon receiving any such account from the col- lector, the trustees must compare it with the original tax-list, and if they find it to be a true transcript they must add to such account their certificate to the efl^ect that they have compared it with the original tax- list and found it to be correct, and immediately transmit the account, affidavit and certificate to the county treasurer. (406) Out of any moneys in the county treasury, raised for contingent expenses, or for the purpose of paying the amount of the taxes so returned unpaid, the treasurer must pay to the collector the amount of the taxes so returned as unpaid, with 1% of the amount in addition thereto, for the compensation of such collector. (407) If there are no moneys in the treasury applicable to such purpose, the board of supervisors, at the time of levying said unpaid taxes, as provided in the next section, must pay to the collector of the school district the amount thereof, with said addition thereto, by voucher or draft on the county treasurer, in the same manner as other county charges are paid, and the collector must be again charged therewith by the trustees. (407) Such account, affidavit, and certificate must be laid by the county treasurer before the board of District] Unpaid Taxes 69 supervisors of the county, who must cause the amount of such unpaid taxes, with 7% of the amount in addition thereto, to be levied upon the lands upon which the same were imposed; and if imposed upon the lands of any incorporated company, then upon such company; and when collected the same must be returned to the county treasurer to reimburse the amount so advanced, with the expenses of collection. (408) Any person whose lands are included in any such account may pay to the county treasurer, the tax assessed thereon, with 5% added thereto, at any time before the board of supervisors have directed the same to be levied. The same proceedings in all respects must be had for the collection of the amount so directed to be raised by the board of supervisors as are provided by law in relation to the county taxes; and, upon a similar account, as in the case of county taxes of the arrears thereof uncollected, being transmitted by the county treasurer to the comptroller, the same must be paid on his warrant to the treasurer of the county advancing the same; and the amount so assumed by the state must be collected for its benefit, in the manner prescribed by law in respect to the arrears of county taxes upon land of non-resi- dents ; or if any part of the amount so assumed consisted of a tax upon any incorporated company, the same proceedings may also be had for the collection thereof as provided by law in respect to the county taxes assessed upon such company (410) Within 15 days after any tax-list and warrant has been returned by a collector to the trustees of any school district, the trustees must deliver the same to- the town clerk of the town in which the collector 70 Trustees : School Taxes [Part I resides, and said town clerk must file the same in his office. CHAPTER V Trustees: Hiring Teachers 5. To purchase or lease sites for the district school- houses, as designated by a meeting of the district; and to build, or purchase such school-houses as may be so designated; and to hire rooms or buildings for such school purposes, and to keep in repair and furnish such school-houses, rooms or buildings with necessary fuel, furniture, school apparatus, heating apparatus and appurtenances, and to raise the necessary sum to pay the expense thereof by tax, but such expense shall not exceed $50 in any one year, unless authorized by the district or by law. (195. See 96, 229) For condemnation proceedings, see 115, p. 24. Trustees are the only legal authority by which the vote of a district can be carried into execution, and have sole power of making contracts and of accepting work done. {632, 749) They may not discriminate in favor ot union labor. (59 N E R 716. Judge Field gave a similar decision in Ky.) A school officer who is authorized to sell or lease any prop- erty or to make any contract in his official capacity or to take part in making any such sale, lease or contract, who volun- tarily becomes interested individually in such sale, lease or contract, directly or indirectly, except in cases where such sale, lease or contract, or payment under the same, is subject to audit or approval by the commissioner of education, is guilty of a misdemeanor. (88:1909. Sec, 1868) They must provide suitable and convenient water- closets or privies for each of the schools under their (71) 72 School Trustees [Part I charge, at least 2 in number, entirely separated each from the other, and having separate means of access, and the approaches thereto separated by a substantial close fence not less than 7 feet in height. (116) It is the duty of the trustees aforesaid to keep the same in a clean and wholesome condition, and a failure to comply with the foregoing provisions of this section on the part of such trustees, is sufficient ground for their removal from office, and for withholding from the district any share of the public moneys of the state. Any expense incurred by such trustees in carrying out the requirements of this section is a charge upon the district, when such expense has been approved by the school commissioner of the district within which the school district is located, and a tax may be levied therefor without a vote of the district. (116) 6. To have the custody and safe-keeping of the district school-houses, their sites and appurtenances. (195,229 42 111 A 4-3; 194 111247) A person who, under circumstances or in a manner not amounting to a burglary, enters a building, or any part thereof, with intent to commit a felony or a larceny, or any malicious mischief, is guilty of a misdemeanor. (88:1909) They must grant the use of any school building under their charge for all examinations and institutes appointed by the commissioner of education upon the written request of the school commissioner having jurisdiction over the same. (113, 622, 76 N W 43) The trustees, or any one of them, if not forbidden by another, may freely permit the school house, when not in use for the district school, to be used by persons assembling there- in for the purpose of giving and receiving instruction in any branch of education or learning or in the science or practice of music. (114) District] Custody of School Property 73 They must not allow it to be used for temperance meetings {64.9), or for the Patrons of industry (D 4334), and should use discretion in opening it for religious meetings; no use should be permitted likely to occasion controversy. (267, D 5084, 68 111 530, 93 111 61, 59 L R A 723, 17 Pa Co C R 609) In Michigan this power rests with the district meeting. (76 N W761) 7. When thereto authorized by a meeting of the district to insure the school-houses, and their furniture, and the school apparatus in some company created by or under the laws of this state, or in an insurance company authorized by law to transact business in this state, and to comply with the conditions of the policy, and raise the premiums by a district tax. (195) If the district meeting neglects to make such authorization it is the duty of the trustees to insure such school-houses, and their furniture and school apparatus, and the premiums paid must be raised by district tax. (195;229) 8. To insure the school library in such a company in a sum fixed by a district meeting and to raise the premium by a district tax, and comply with the conditions of the policy. (195. See 96, 126, 1047) 9. To contract with and employ all teachers in the district schools as are qualified under the provisions of this chapter, and to designate the number of teachers to be employed; to determine the rate of compensation to be paid each teacher, respectively, and to determine the terms of school to be held in their respective districts during each school year. 74 Trustees : Hiring Teachers [Part I ' Who may hire teachers The power to employ teachers rests exclusively in the trustees. (195) They need not be guided even by the vote of the district meeting, though the wishes of the inhabitants should not be wantonly disregarded. (716) This is the usual provision in other states (71 111 .383, 79 111 567, 2 111 A 584, 1 Ind 65, 102 Ind 279, 107 Ind 43, 26 la 281, 59 la 70, 36 Mich 404, 37 Minn 96, 44 Mich 500, 60 N E 956, 54 P 766, 65 S W 686, 21 Wis 557. But see 12 Lea 486.) It rests with the trustees to determine the number of teachers. (195) If they think an additional teacher is required they have the right to hire her without submitting the question to the district meeting. (D 4005) They fix the wages of the teachers. (195) It is no excuse for not opening school that they can not find a qualified teacher at the salary the district is accustomed to pay. They must find and employ a teacher, no matter how high wages they are obliged to pay. (D 1864) They determine the terms of school for each year. (D 1976) In the exercise of this authority they must be reasonable. Where it is the custom to hire a teacher for a year of two terms, the trustees may not limit the teacher's employment by hiring her for a term, and making the first term three months, beginning a second term in January. (School direc- tors vs Leon, Texas S C, 1900.) They may disregard a unanimous vote of the district as to the sex of the teacher (D 1677, 98 Mass 587, 69 Pa 103, 56 Vt 551), the wages paid (D. 1864), the conditions of the con- tract (D 1738, 1831), and the individual selected (D 1665, 1753, 1803, 2114, 44 Mich 500) Where there is a dispute as to who is elected trustee, a teacher District] Who May Hire Teachers 75 who enters upon a contract with a person who assumes the office of trustee with some color of right, and who begins work as a teacher, can collect his wages under the contract, even if forcibly prevented from completing his work. It is not necessary for the teacher to wait until the dispute is over before beginning school work. (D 3856; 27 N E 303, 9 Neb 56, 12 N Y 179, 15 N Y 818,35 Hun 111. But see 12 Lea 486.) A contract made by a de facto trustee is valid even though he subsequently be declared not in office. (57 SW 473) Where a trustee legally vacates his office by removal from the district but continues to act with the other two, he must be regarded as a de facto officer, as far as affects a third party. (54 Pac 185) Every district in New York, not a union free school district, has either one trustee, or three, or (temporal i- ly) two. See page 51. If there be but one trustee, it is only necessary that the contract be clearly understood and definitely expressed in writing. See page 84. If there be three trustees, the law explicitly re- quires that the contract be made by a majority; and at a meeting of which all three have been notified. (193, D 3582, 4376) This law prevails in most states. (52 Ark 511, 42 At 368, 14 How 302, 21 111 124, 22 111 72, 67 111 511, 10 111 A 643, 24 111 A 229, 78 111 A 390, 47 la 11, 4 Neb. 254, 12 Neb. 99, 22 Neb. 48, 58 Neb. 582. 27 Ks 120, 10 Lea 344. 47 Mich 626. 78 NW 32, 82 NW 132, 993, 20 Ohio 89, 22 Ohio 144,47 Pac 561, 2 Pa 204, 89 Pa 395, 89 Pa St 395, 13 S W 132, 61 S W 793, 104 S W 172, 12 Vr 112, 59 Wis 518. 102 Wis 261. But see 59 Pac 885) The notice must state where and when the meeting is to beheld. (193, 98 Wis 22) Mere presence of the third, when no meeting has been called does not make a contract valid, if entered into by the other two when he refuses to join them. (61 S W 793) The record of the meeting is conclusive evidence as to whether the teacher was hired. (90 N W 680) 76 Trustees : Hiring Teachers [Part I The consent of the three trustees separately makes no contract. A contract made by two trustees in the absence of the third from the district may be annulled at any time by a majority of the three. But a contract may be made by two trustees when authorized by the third (D 1910), or by one trustee when authorized to act as agent for the three. (74 Me 462, 46 N W 105.3, 48 N W 82, 56 N W 1053, 48 Vt 444) A contract made by two trustees without consulting the third may be ratified at a subsequent meeting. (126 Ind 628, 61 Mich 229, 62 Mich 153, 98 Mich 45, 110 Mich 363, 28 N W 105, 764. 45 N W 989. 59 Pac 885. But see 20 W Va 360) In most states it is held that a tacit concurrence of the third trustee (D 1919), or even by two trustees when the bargain is made with the third in good faith, ratifies a fulfilled contract. In some states should a board permit a teacher to engage in teaching, by so doing the board approves the contract of the said teacher, whether said approval appears upon the records of the district or not. (42 Atl 368, 71 III 532, 29 Ks 211, 37 Minn 96, 67 Mo 319, 10 Neb 239, 13 Neb 254, 23 Neb 384, 35 Neb 659, 57 Neb 48, 58 Neb 482, 36 N W 554, 45 N W 989, 53 N W 568, 58 N W 482, 77 N W 384, 78 N W 932) If there be two trustees, in the transition from three trustees to one, or through vacancy, the contract should be made at a meeting of both. But when one gives to another due notice of a meeting which the other neglects to attend, a contract of the one with a teacher satisfactory to the inhabitants of the district may be approved. The two may hire a teacher before school meeting for the coining year. (D 4403) In union free school districts the contract is usually made with the superintendent or the secretary, as agent for the board of education. The board may delegate to one or more of its members the power to hire and contract with teachers. — 5. B. xiv. 83. District] What Teachers may be Hired 77 This is true also in districts. (74 Me 462, 46 N W 1053, 48 N W 82, 16 Wis 316) The president and secretary of a schoolboard signed con- tract for an additional six months service, thinking board would ratify. The board refused to ratify and was sus- tained. (68 N W 584) What teachers they may hire The teacher must be 18 years old. (550) Trustees may however contract with a minor if more than 18 years old. In most states a contract with a minor is binding upon the district but not upon the teacher, who as a minor may decline to fulfil the contract, or having taught for a time may decline to teach longer. (D 2294) (3 Bart 115, 12 Lea 30, 15 Mass 272, 23 Me 569, 50 Vt 30, 38 Wis 100, 51 Wis 554) In New York, however, failure on the part of the teacher to complete a contract without good reason is sufficient reason for revoking his certificate. The laxitv of the law toward minors is intended for their exclusive benefit in protecting them from the frauds and deceptions which, owing to their weakness and inexperience, others of riper years might be enabled to practice upon them. The teacher's wages must be paid to him, and not to his parent or guardian even though he is a minor. (6 Ala 501, 3 Bart 115, 16 la 214, 22 la 171, 23 Me 569, 12 Mass 375, 15 Mass 272, 15 Mass 28, 3 Peck 291, 4 S & R 207, 16 Vt 42. 1 Ware 462, See 37 Vt 647) A minor son living with and supported by his father is not supposed to be his father's agent in procuring a tutor during his vacation. A tutor therefore can not recover from the father in absence of a contract with him. (Peacock vs Lauton, RISC 1902) The teacher must not be related to any trustee by blood or marriage, except with the approval of 78 Trustees : Hiring Teachers [Part I the voters of such district present and voting upon the question at an annual or special meeting of the district. (564) A teacher employed in violation of this provision has no claim for wages against the district, but may enforce the specific contract made against the trustees consenting to such employment as individuals. (565) This prohibition cannot be evaded by the trustee's delegat- ing the hiring to his associatiates (D 1825, 2217) or to the principal of the school (D 2081). But the hiring of a teacher who is related to the trustee within the prohibited degrees without the requisite consent of the voters at a district meeting being previously secured, is secured by subsequent action of the voters by a § vote ap- proving of such employment. The trustee, the teacher, and their relatives, if qualified voters of the district, are entitled to vote upon such a question (D 3758). Where the district has three trustees, a relative of any one of them cannot be hired by the other two unless a meeting of the district approve of it by a two- thirds vote {721). The law formerly made the limit of relationship two de- grees {.395-399), but the amended law makes no limit as to relationship and it is to be construed literally. The trustee cannot hire a teacher who is related to him in any degree — {Letter of Sup't Crooker, Au^. 15, 1894) The prohibition regarding the employment of a relative as a teacher applies to union schools, but may be waived upon consent in writing of § of the members of the board of education. Relationship by marriage ceases upon the death of the wife or husband. Of course the trustee cannot hire himself. (D 1665, 1753, 1803, 2114, 3 Bush 255, 25 Wis 551) Nor can he hire his wife. A contract with the wife of a member of the board of trustees is contrary to public policy and void. The earnings District] What Teachers may be Hired 79 of the wife constitute a part of the community property of husband and wife. (70 Pac 40 1) Nor can he hire the school commissioner. Trustees may contract with a married woman. At common law married women are disabled from making such contracts, but in New York and most other states the right to make contracts and receive wages is given them by statute. They may not contract with any one who wears while in the performance of duty any dress, mark, emblem, or insignia indicating that the person is a member or adherent of any religious order, sect or denomination. (77 N E 612) Wearing an unusual and distinctive garb, one used exclu- sively by members of a certain religious sect, and for the purpose of indicating membership in that sect, by public school teachers, constitutes a sectarian influence prejudicial to the interests of the public school system and must not be persisted in. Pupils in a common school should not be per- mitted to address the teachers by an assumed religious name, Sister Mary or Sister Martha, but by their family name with the prefix, Mr., Mrs., or Miss, as the case may be. (D. 3520, 21Misc729) In Pennsylvania this has been decided otherwise. (26 L R A 203) In New York the court of appeals in the case of James Sargent vs. the city of Rochester, decided that the board of education could pay members of Catholic religious orders for teaching pupils of the city in orphan asylums and other charitable institutions. The education department ruled June 13, 1903, that the board of No. 3, Orangetown, could not make a rule restricting employment to college graduates. But as the board may hire whom they like they can enforce a provision like this if they choose. 80 Trustees : Hiring Teachers [Part I In the case of Steinson vs New York board of education, the supreme court decided Aug. 4, 1897, that a school is not a pubHc department of the state, and hence does not come under the law providing for preferential employment of veterans. They may employ only qualified teachers, that is teachers who hold legal and unexpired certificates to teach in thio state. (195) (40 Atl 806. 2 Coldw 18. 29 Hun 606, 15 111 65, 16 111 147. 39 III 101, 39 111 609.69 11180. 71111732. 86 111596, 87 111255, 92 111293. 112 11111. 10 111 A 643. 26 111 A 379' 26 Ind 337. 69 Ind 80. 70 Ind 575. 79 Ind 585, 17 la 228. 20 Me 37, 26 Me 56, 12 Minn 448, 27 Minn 433. 31 Minn 319, 12 .hio Cir 247. 61 Pac 250, 63 Pac 328, 12 Vt 586, 41 Vt 353. 46 Vt 562) This restriction does not apply to superintendents of schools (45 N W 989) ; though Pa. makes the same require- ments of city or borough as of county superintendents, and many states make the requirements higher than tor teachers. There is no such restriction upon school commissioners. It applies to teachers of evening schools and to substitutes, though Utah permits substitutes for a day or two to teach without certificates. The requirement is mandatory and cannot be waived. (26 Vt 115) It holds even though the examiner wantonly refuse to examine. (20 Me 37) If an unqualified person is hired as teacher he has no claim for wages against the district, but may enforce the specified contract against the trustees as individuals (565) No part of the school moneys apportioned to a district can be applied or permitted to be applied to the payment of the salary of an unqualified teacher, nor may his salary, or any part thereof, be collected by a district tax. (555) Any trustee who applies, or directs, or consents to the application of any district money to the payment District] What Teachers may be Hired 81 of, an unqualified teacher's salary, thereby commits a misdemeanor; and any fine imposed upon him therefor is for the benefit of the common schools of the district. (556) In Tennessee it is an indictable offence. (2 Cold 181) CHAPTER VI Trustees : Qualified Teachers What constitutes a Qualified Teacher No teacher is qualified who does not possess (1) an unannulled diploma granted by a state normal school, or (2) an unrevoked and unannulled certificate of qualification given by the superintendent of public instruction, or commiosioner of education, or (3) an unexpired certificate of qualification given by the school commissioner, city superintendent, or board of education, within whose district or city such teach- er is employed (550) . No person is deemed to be qualified who is under the age of 18 years. (550) The commissioner of education may grant under his hand and seal of office a certificate of qualification to teach, and may revoke the same. (552) Such certificate may be granted by him only upon examination. (552) He determines the manner in which such examinations are conducted, and designates proper persons to conduct the same, and report the result to him. He also appoints times and places for holding such examinations, at least once in each year, and causes due notice thereof to be given. (552) The powers of the commissioner of education as to examinations are unlimited though most states make speci- fications by statute. The Indiana circuit court decided Oct. 15, 1898, that the state board of education did not have authority to require Guizot's History of Civilization for teachers examinations. (82) District] Teachers' Certificates 83 It will be observed that in New York all licenses now depend upon examination, and this rule is becoming universal in the United States . In the few states where the employing authority is still also the licensing authority a formal examination is sometimes waived, as the employment of the teacher is in itself an evidence that the licensing authority has decided that he is competent to teach. The tendency is also to tritst less and less to the general impression of the examiners and depend more and more on fixed requirements. The regents examinations of New York, where the same questions, prepared from a central office, are used simultaneously all over the state, and papers examined at the central office, have set an example which is bearing influence in all directions and in some states is already followed. In many states teaching is Hmited to those subjects in which the candidate has been examined. In some the wages are made dependent on the grade of the certificate. Some states impose special penalties in the law against those who shall be dishonest in the examination. Thus, in Ky. and in So. Dak. any person who unlawfully obtains, or attempts to obtain, or sells, barters or gives away to an applicant tor a certificate, or any other person any question or questions prepared or sent out by the state board of examiners, is guilty of misdemeanor, and must be fined not less that $50 or more that $100; and in Fla. any person or persons who are found guilty of securing or attempting to secure the prepared questions or who furnish the prepared questions to any teacher or other person in any other way than prescribed, are debarred froin teaching a school or from holding any school office in the state. In a recent case it was however decided that valid cer- tificates honestly obtained may not be revoked for "unpro- fessional conduct" which consists in violating rules for the examination of teachers by asking variation of rules, for- 84 Trustees— Qualified Teachers [Part I warding papers irregularly prepared, telling one of the board of exaininers that she had considerable influence with the county superintendent, and informing one of the board of directors that she had gotten a first grade certificate though it was not granted to her. A teacher cannot be deprived of a valuable vested right for mere inconsiderate language or slight impropriety of conduct. (57 Pac 361) A teacher must attend the examinations in her own dis- trict or obtain permission of her commissioner to attend those in any other district; otherwise the certificate obtained in such other district need not be endorsed. (D 4728) While examination is the first step toward obtain- ing a license, it does not of itself entitle a candidate to a license. It is sufficient proof of scholarship; but the exainining-ofificer is required to satisfy him- self also that the candidate is personally a fit person to be a teachei, and he must refuse a license unless the evidence on this point is satisfactory to him. A commissioner is justified in withholding a certificate to teach from any applicant, where he is satisfied that evidence of good character does not appear. * * * It must be borne in mind that the commissioner is the servant of the people, pledged to protect their interests and rights in matters per- taining to the education of their children, and he has no right to imperil these interests by legalizing the presence and labors amongst them of a person concerning whose moral reputation there is a doubt. (D 4202, 3750, 4743) It is obvious that a teacher might have the necessary literary acquirements and capacity to govern, and be a person of good moral character, and yet be an unfit person for the services required. A teacher might have personal habits or manners so oft'ensive as to make his influence upon the scholars injurious. He might be too severe in his requirements; inclined to devote too much time to the older or better scholars, at the expense of the younger or more ignorant; a person of strong prejudice; a decided partisan and pro- District] Granting Certificates 85 pagandist in politics or religion; unskilful in imparting knowledge, or unable to appreciate the difficulties of begin- ners; and still be a person of sound morals, great learning, and undoubted capacity to govern. Yet all these consider- ations might very properly be regarded in considering "his qualifications for teaching". (9 Allen 96) The following principles laid down in the Ky. Report for 1878, p. ISO, will always be of much weight: The qualification required of a candidate is to teach the elements of a plain English education. It is not unfrequently the case that a candidate may be thoroughly versed in certain branches, and yet be void of all aptitude to impart instruction and draw out mind (sic). The board in granting a certificate, should therefore address itself more to the teaching capacity of an applicant than to the amount of knowledge he may possess. The art of teaching being of so great importance, the examiners should value highly a habit of inquiry into the best modes of instruction. If the candidate has read and is familiar with the best treatises on pedagogics, and is a subscriber to a school journal, these facts should add at least 20% to the merit of an examination, and also help to determine the class and grade of a cer- tificate. In this matter the law leaves much to the discretion of the licensing officer, but it does not permit him to refuse a license out of malice or ill-will. (104 Ind 548; 52 la 111) It has been decided that in such a case the teacher may recover damages at law ; nor is he compelled in order to show malice on the part of the officer to prove personal malice or ill-will, for if the officer acted rashly, wickedly, or wantonly in refusing the license, the jury may find malice. The New York law requires the commissioner to inquire into the moral fitness and capacity of candi- dates before granting them certificates of qualifica- 86 Trustees— Qualified Teachers [Part I tion and a commissioner is under no obligation to give a reason for not granting a certificate. (D 3817, 4743) The Philadelphia supreme court in the case of Kell vs. Rudy, 1896, decided that though the teacher had all the educational qualifications, the superintendent's action in refusing a license because of the candidate's habit of using intoxicants and reputed immoral char- acter was judicial, and no mandamus could be issued. The courts cannot compel a licensing officer to grant a certificate. (37 Conn 103, 43 la 5921, 52 la 111, 23 Neb 655, 2 N W 1009. But see 76 Cal 745, 81 Cal 542, 18 Pac 766, 22 Pac 890) But they may compel him to act upon an application for one. (2 N W N S 1009, High's Extraordinary Legal Reme- dies, Sees. 24, 34, 43) The licensing officer may be compelled to change the date of a certificate to that when it was really given. After an officer has decided that a certificate should be given, the granting it is a ministerial act and may be compelled. (76 NE530; 41 Pac 871) The employment of a teacher who was granted a pro- visional license ceases upon the refusal of the licensing officer in the exercise of his discretion to renew the license, and such teacher's right to draw salary terminates. (58 N Y 734) While a uniform 1st grade certificate to be valid must be endorsed by the commissioner in the district where the school is to be taught, its possession is sufficient evidence of qualifi- cation, since the commissioner must endorse it unless there is valid reason to the contrary. (D 4888, 61 Pac 1063) The commissioner of education may also, in his dis- cretion, indorse a diploma issued by a state normal school, or a certificate issued by a state superintendent or state board of education in any other state. (552) District] Granting Certificates 87 Such indorsement confers upon the holder the same privi- leges conferred by law upon the holders of diplomas or certificates issued by state normal schools or by the com- missioner of education in this state. (552) Comparatively few states have thus far given power to endorse certificates from other states, as in many of them the statute requires examination. Alabama, Florida, Indiana, Maryland, New Jersey, Oregon, and Pennsylvania have re- ciprocal relations with New York. The California law permits county boards of ed'n to grant county certificates to holders of state normal diplomas of other states without examinations. County certificates of the highest grade may also be granted to holders of California university diplomas. But it is held that the holder of a university diploma cannot compel the county board to issue a certificate, the word being tnay, not must, and to compel granting would give graduates of foreign normal schools the same privileges as those of graduates of state normals, and prevent county boards from establishing their own standard of proficiency. (60 Pac 1092) He may also, in his discretion, issue a certificate without examination, to any graduate of a college or university who has had three years experience as a teacher. Such last-mentioned^ certificate is known as the "college graduate's certificate", and may be re- voked at any time for cause. (552) This is an exeption from examination, on the ground that a graduate of a reputable college has already undergone suffi- cient literary examinations, and in a four years course has sufficiently demonstrated good character to make it safe to grant him a certificate. See corresponding privilege to high school graduates, page 296. College graduates may have certificates without examina- tions in Kansas, Minnesota, Wisconsin, and other states. 88 Trustees - Qualified Teachers [Part I He may also issue temporary licenses to teach, limited to any school commissioner district or school district, and for a period not exceeding 6 months whenever, in his judgment, it may be necessary or expedient for him to do so. (552) This is an absolute power, and is meant to provide for emergencies, where the teacher is probably qualified for ex- aminations but has not had opportunity to take them, as where he has just come from another state and is needed to begin work at once. In Michigan the law provided that the secretary of the schoolboard might grant a special certificate, good till the next public examination, but such certificate granted to a candidate who had failed to pass four days before was invalid. (71 Mich 361) In cities and in villages employing a superintendent primary and grammar teachers must either (1) hold a New York State or college graduate certificate or normal diploma; or (2) have had 3 years successful experience and a valid certificate; or (3) have gradu- ated from high school, academy, or institution of like rank, having a course of not less than 3 years approved by the commissioner of education, and subsequently from a training-class having a course of not less than 38 weeks, approved by the commissioner of education. (551) The city may require additional qualifications, but one of these three must be insisted on. (551) High school teachers are not subject to these restrictions, the only requirement being that they hold some form of license valid in schools having an academic department. These are the statutory requirements for teachers' District] Annulling Certificates 89 certificates. The regulations made by the regents of the university are given in chapter XXIV, pages 287-314. In an action for salary the regularity of a certificate once granted cannot be attacked. (59 Pac 885) But where there is evidence of fraud in granting the certificate this may be considered. In 1896 B. F. Bray was candidate for county superintendent in Lincoln county, Okl., but during the campaign it was found that he was not qualified under the law. He took examina- tion in Pottawatomie county Oct. 28, but did not pass. Yet he presented a certificate purporting to be signed by the coun- ty superintendent of that county, and was elected. The court held that it was immaterial whether the signature was genuine, because the examination papers showed that he did not pass the examination, and hence was not entitled to the certificate or eligible to the office. (48 Pac 116) It will be observed that the statute specifies that the certificate must be unrevoked and unannulled. Certificates may be annulled by the commissioner of education upon cause shown to his satisfaction, or by the school commis ioner for immoral character. (336, 552, 554; 82 N E 792. See 21 Barb 252) It will be noted that there is only one cause for which the school commissioner may annul a certificate. Revoking a license is not a judicial act, but must be for statutory cause (82 N E 792). On the other hand the county superintendent's bias and want of judicial capacity are not grounds for inter- ference by the courts. (82 N E 792) To annul a certificate for immorality is justly regarded as a severe, almost a disastrous punishment, 90 Trustees- Qualified Teachers [Part I and in all states precaution is taken to guard the teacher against injustice. (1) A certificate may not be annulled for moral delinquencies knoivn at the time of issuing the cer- tificate, where no subsequent bad conduct of the kind is known to have occurred. On the other hand it may be annulled for any cause which if known at the time of issuing the certificate would have been sufficient ground for withholding it. (2) The teacher must have notice, and opportu- nity to defend himself. (554) The notice should be at least 10 days (10 Barb 290). The respondent must have opportunity to defend, to con- front and to cross-examine the witnesses against him. (D 3510) In 1902 a teacher in Henry county, Indiana, was hired as a married man. His wife left him, charging him with moral unworthiness, and the county superintendent revoked his license without examination. This action the state super- intendent reversed. In some states, where the offence comes under the personal observation of the commissioner, as where a teacher writes to the commissioner a scurrilous and obscene letter (D 3928), no notice is required. (3) The charges must be definite and specific; it of an immoral habit, one or more instances must be specified. No general charge of immoral character will be sufficient to put a person on the defensive. The charges should specify immoral acts of the teacher and should be drawn with as much care and distinctness as an indictment, so that she may know just what she must meet. (D 3510) District] Annulling Certificates 91 (4) The offence must be serious, so as to make the teacher's presence dangerous to the well-being of the school. In New York it has been decided that though intemperance is a sufficient charge (D 1942), the annulment may be with- held where there is fair hope of reform (D 1907). A single profane expletive uttered out of school and under sudden provocation would not warrant annulment. (D 2003) In New York a certificate may not be annulled because the teacher does not pay his debts (D 3686), though in 1877 the State superintendent of Wisconsin decided otherwise. But the commissioner of education will annul any certificate for frequenting saloons and disorderly houses (D 3863), for advertising pictures supposed to be obscene (D 3866), and for inflicting cruel punishment. (D 3863) All states authorize the revocation of certificates for immoral conduct. Fla. specifies "proven guilty of any ^ross immorality". Cal. and Ore. add "for unprofessional conduct"; N. C. adds "or other conduct unbecoming a teacher"; Pa. and Ga. add "cruelty"; S. D. and Mont, add "intemperance, cruelty, crime against the law", and Ga. and Ohio name "intem- perance, habitual profanity, dishonesty, larceny and other violations of law". Arizona sayst "Any teacher who shall use any sectarian or denomina- tional book or teach any sectarian doctrine, or conduct any religious exercises in his school, or who shall fail to comply with any of the provisions mentioned in section 89 of this act, shall be deemed guilty of unprofessional conduct, and it shall be the duty of the proper authority to revoke his or her certificate or diploma." Immorality in the teacher is so serious a menace to the community, that when he knows of it the commissioner should take action immediately; he need not wait tor charges to be preferred. The school law of Washington says: "The county super- intendent has the right, and it is his duty as a protector of the people from imposition, to make the charge himself if it is not made by others." 92 Trustees: Qualified Teachers [Part I In New York commissioner'^ have no longer the right as formerly (D 2194) to annul certificates for deficiency in learning, or to re-examine a candidate holding a certificate. (4268) In Minn, a superintendent may cite for re-examina- tion any person holding a license and under contract to teach, and if satisfied that the teacher is not of good moral character or has not sufficient learning or ability, may revoke the license, whereupon the teacher's contract becomes void. It is manifest that this leaves the teacher in a state of uncertainty as to the future which the New York law prevents. Certificates may be annulled tor deficiency in ability to manage the school. In New York, commissioners no longer have the power to annul certificates for this cause (D 4268) ; but upon cause shown to his satisfaction, the com- missioner of education may annul any certificate. (336) The quickest remedy against an inefficient teacher is now probably to break the contract by dismissing him (see page 127), and let the teacher appeal if he choose to the commissioner of education. But appeal may be made to annul the teacher's certificate, and if the education department does so the contract is at once terminated. See page 89. In this matter the department will doubtless be governed by the same principles that were enunciated in its decisions while commissioners had this power, District] Annulling Certificates 93 and we give some of the more significant, with cor- responding decisions in other states. On Dec. 28, 1886, Commissioner Perrin A. Strough revoked the license of Jessica Wells, teaching in No. 6, Cape Vincent after an examination at which the teacher and her counsel were present. There was no charge against her character, but it was claimed that she neglected her classes and was faulty in her methods. But two weeks before the commis- sioner had visited her school and had written in the register, "I am well pleased with all the school work, and believe that if the teacher had the hearty co-operation and support of the parents, this would be a term of school marked with more progress than any school I ever visited here." The annul- ment of a license is not to he resorted to for the purpose of remov- ing a teacher from the school because people in the district are dissatisfied with her. Moral delinquency, or a deliberate infraction of school laws, or the wilful defiance of the proper suggestions or directions of supervisory officers, or utter inability to follow them, may be sufficient ground for annul- ling licenses, but nothing less grave than this is. (D 3572) See pages 124 to 135. The action of a school commissioner revoking a teacher's license sustained, when the holder while teaching had engaged in other pursuits, and in consequence neglected his work in the school, and where it became apparent that the teacher had lost all interest in his work, had become lax in discipline, and had neglected to preserve order in the school. (D 3886) The annulment may be effected without notice, if deter- mined upon at a personal visit, but only when the result of positive observation, and not through malice and wantonly. (4511112) It appears hardly proper that a highly successful teacher, long believed to be excellently qualified, should be forced to abandon her chosen profession in which she has advanta- geously labored twenty years on the strength of an opinion based on a fifteen minutes' observation of her school. (D 2480) 94 Trustees : Qualified Teachers [Part I Inability to maintain order is sufficient cause, but specially adverse circumstances must receive consid- eration. (D 1982) Certificates may be annulled for unnecessary and cruel punishment, but not for choking or severe blows where re- sistance is encountered. But certificates may not be annulled on account of personal ill-will toward the teacher in the district. See above. See also Wis. Jour, of Ed'n, 1876, p. 296. Frank F. Gray, teaching the village school of Wellsburg, received on December 7, 1886, a notice from Commissioner Nichols that he should annul his certificate December 18 for "want of sufficient ability to teach". There had been dissensions in the district but "the assurances of prominent citizens of the locality whose credibility is undoubted, go to show that he is a man of sufficient general ability to teach school successfully, and I have no doubt, will do so if he can have the general good will of the community. No one can succeed without this. There is little reason to believe that the work of a teacher who might succeed him would have more cordial or general support than his work has." The order annulling the certificate is revoked. (D 3959, 82 N. E. 792) Among specifications of other States under this head Ariz, and Cal. name evident unfitness, and Ohio, manifest incom- petency; which last word is used by Ga., La., Mont., Neb., N. J., Pa., S. D., etc. Fla. says "when the holder proves to be unsuccessful, incompetent"; and R. I., "for failure prop- erly to instruct and govern". Wilful failure on the part of a teacher to attend a teachers' institute as required, is sufficient cause for the revocation of a teacher's license by the comoiis- sioner of education. (82 N E 572) District] Annulling Certificates 95 Most states have a similar provision. La., Neb., Ore., S. D., Utah, Vt., Wash. etc. (144) Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor, is deemed sufficient ground for the revocation of the teacher's certificate by the com- missioner of education. (137) See page 123. Mont, suspends the certificate for 6 months, or one year, and Cal. for one year. In Vt. it has been decided that a teacher who contracts to teach for a definite time and gives up the school without just cause cannot sustain an action for such services as were rendered. (27 Vt 646. 29 Vt 219) Some offences that have been specified as warrant- ing the annulment of a certificate are as follows : In New York falsification of the register of attend- ance (D 38533^2); in Mont., N. D., refusal to perform his duty; in Va. closing school on a school day; in Kan. failure to pay reasonable attention to the sug- gestions of the county superintendent. Va. and R. I. say that certificates will be liable to revocation "for good cause", and N. C. authorizes the county superintendent, with the approval of the chairman of the board of education, to revoke a certificate "for the same cause or other causes damag- ing to the school interests and satisfactory to himself". In regard to this as to other acts of school officers by which he feels himself aggrieved, the teacher may appeal to the commissioner of education, whose decision is final. See page 143. 96 Trustees : Qualified Teachers [Part I The teacher must possess the certificate; that is he must hold it at the time the contract is made. (D 3670, 4888, 25 S E 830, 87 111 255, 43 Pac 907) Of course this restriction as to dating does not apply to subsequent dating of certificates in New York. See p. 290. When a teacher has notice that she is entitled to a certificate she is competent to make a contract although the certificate has not been issued. (D 5295) But in other states a letter from a county superintendent stating that a temporary certificate will be granted is not the equivalent of the certificate. (93 Pac 907) It is not sufficient that this certificate be obtained after the contract is made, even if it be antedated, for "a teacher's certificate must bear the same date as the examination, and cannot legally bear any other." (1 Colo A 27. 29 Hun 606, 16 III 147, 87 111 255, 92 111 293, 69 Ind 80, 70 Ind 575, 20 Me 154, 12 Minn 448, 27 Minn 433, 98 Wis 22, But see 36 111 A 45, 20 Vt 487, 28 Vt 575, 29 Vt 433. 42 Vt 353) In Vt it has been held that wages could be collected for teaching under an antedated certificate. (41 Vt 453, See 1 Colo A 27) In some states, this does not render invalid a contract of employment entered into with a teacher before he obtains a certificate, provided he obtains it before he begins to teach. See D 4888. An Ohio court ruled: "The law forbids the employment of a teacher who has not a certificate. The teacher is not employed within the meaning and intent of this provision until he engages in the discharge of his duties as teacher. The mischief intended to be guarded against was the teaching of a school by an incompe- tent person, and not the making of a contract by an incom- petent person." (15 111 65, 88 111 648, 42 111 A 570, 36 111 A 133, 65 111 A 104, 88 111 A 648, 22 Ohio St 194, 28 Vt 575) In Iowa, the state superintendent decided, Dec. 21, 1887, that a teacher may legally contract with a board before receiving a certificate of qualifica- tion. However, she may not begin teaching without said certificate. — S. B. xiv. 83 District] Possession of Certificate 97 In Vt. it has even been held that the law is satisfied if the teacher obtains a contract on the evening of the first day of school (28 Vt 575, 46 Vt 452) ; and that if a person begin? to teach without a certificate and continues to teach after obtaining one. he is considered to have made a new contract, beginning at the time when the certificate was obtained, and having the same terms as the one under which teaching was begun. (46 Vt 452) In Minn, a person began teaching under a contract. He taught 3 weeks; then obtained a certificate and made a written contract to nm 3 months from the time he began teaching. Held that he was entitled to wages after the certificate was obtained, but to no pay for the previous 3 weeks. (20 Minn 72) In 111. a certificate was not obtained till the middle ot the te/m. A new contract was entered into at that time to pay the teacher double wages ior the rest of the term. Th's was considered an attempt to do indirectly what there was no power to do directly; and therefore the contract was held void. (71 111 532. See also 16 111 147, 39 III 609, 87 111 255, 92 111 293; but compare 35 Vt 520) In Mo. it has been held that under a statute requiring the teacher to pro- duce a license before employment the spirit of the law was complied with if the commissionei did not renew an expired license in presence of the trustees, in writing, but declared the teacher competent and gave his sanction to his going on with the school. (66 Mo 286) The teacher may be discharged at any time on failure to produce a certificate (732) Some states explicitly require the candidate to exhibit the license to the trustees. (53 Ark 468, 15 111 65, 16 111 147, 39 111 609, 87 111 255, 92 111 293, 112 111 11) It has been held that a teacher may be discharged if he cannot produce his license, the fact not being considered that one has been granted which has miscarried or otherwise been lost (53 Ark. 468). But usually the teacher may show that he was entitled to a certificate, if it is withheld by inad- vertence. (29 Vt. 433; 61 Vt. 107) Nor may any trustees contract with any teacher whose certificate of quaHfication does not cover a period at least as long as that covered by the contract of service. (562) (D 3734 4002. 118 Mich 469. 43 N W 1062. 76 N W 1038. 63 Pac 213) 98 Trustees : Qualified Teachers [Part I Some states are very liberal in this respect. In Vt. it has been held that where a teacher taught 5 weeks before his license expired and 6 weeks afterward without a new certificate she should recover for the entire 11 weeks. In Colo, if the license expire within a month of the end of the term, he may finish the term without a new certificate; and Id. and Utah extend this time to 6 weeks. Of course the annulment of a license immediately termi- nates the contract, even though it be plainly illegal and an immediate appeal be taken. (D 2145) A -w-ritten contract for 3 months contained an agreement to give the teacher a contract for 5 months more if she was satisfactory. Her certificate was good only for 2 months beyond the first 3 months. Held that since she was not in position to make contract for the additional 5 months, she could not maintain action for breach of contract. (76 X W 1038) It has been held in Xeb. if the teacher has been paid for a part of the term during which he did not hold a certificate the money can not be recovered. (13 Xeb 52, 13 X' W 16) In Mo. it has been held that if the teacher has a certificate covering part of the term of employment and obtains another on its expiration, that is sufficient. Hibbard vs. Smith. But that is not the usual view. (63 Pac 213) Michigan (Sec. 4S10) pro\-ides that a commissioner of schools who has held office under 147:1891 is eligible. Held that this indicates an intention to pro\-ide that once elected the person is always eligible. (14 Det Leg iv. 840, 114 N W 927) It has been held that the licensing-officer may not procure a mandamus to prevent an unlicensed teacher from teaching. (17 la 228, 9 X H 722) But any tax-payer may enjoin payment to such a teacher. (9 X H 722) A teacher's authority to teach, however, cannot be questioned for the want of a certificate by either the pupils or their parents. The schoolboard alone can raise the question. (26 Me 36; 59 X H 473) District] Unqualified Teachers 99 It has been held that an unlicensed teacher was liable to action for assault and batten^ if he resorted to corporal punishment; that his authority came only from his certificate. Horace Mann held that in such a case the teacher could be effectively defended : "On the other hand, some incline to the opinion that a teacher without a certificate, though not in law a teacher, yet is so in fact; and while the actual relation of teacher and pupil subsists, all the legal powers of a teacher attach to this relation, and may therefore be exercised by them. If a school kept by a teacher without a certificate is not a public school, then it must be a private school; and the teacher of a private school has as clear a right to inflict punish- ment, in exigencies that require it, as any other teacher, or as any parent." — 10th Mass Report, p. 169 The courts have taken this view. (13 Neb 52; 59 N H 473; 27 Vt 755) Sup't Morrison decided (5. B. xii. 62) that the law does not prohibit one pupil from instructing others, but this could not be allowed as a substitute for an adequate teaching force. If a school is too large for the teacher, the trustee should provide an addi- tional teacher. CHAPTER VII Trustees: Duration of Contract Trustees of school districts or boards of education who employ any teacher to teach must, at the time of such employment, make and deliver to such teacher, or cause to be made and delivered a contract in writing, signed by them, or by some person duly authori7,ed to represent them in the premises, in which the details of the agreement between the parties, and particularly (a) the length of the term of em- ployment, (b) the amount of compensation, and (c) the time when such compensation is due and payable are clearly and definitely set forth. (562) In some states absence of a written contract makes the contract void. (l.'JO Ind .503, 25 Ind Ap 161, 22 L R A 515, 105 Mass 102, 19 Minn 203, 39 Minn 499, 3G N E 141, 57 N E 732, 80 N W 354, 87 N W 80) Although a contract between a teacher and the school district board must be in writing, it need not be reduced to writing during the session of the board, but it is sufficient if made by parol during such session, and signed after the adjournment of the board. (42 Kan 695) Essie Fisher was engaged to teach at National Mine, Mich., one year beginning Sept., 1895. There was no written con- tract, but the clerk of the board gave her notification which she accepted by letter. Three days before school, opened the clerk notified her that her services were not needed. She replied that she regarded the former notice as a contract, brought suit and recovered salary for the year. — Mich. Moderator ]iin. 21, 1897. A teacher had a written contract with the school district to teach the school in the district for a term of 6 months. (100) District] Contract must be Written 101 He taught until the expiration of 6 months from December 11, and testified that, before the expiration of this time, he made a new arrangement, orally, with the board to continue the school for another month, under the old contract. He received pay for the full C months covered by the original contract. Then, in this action, he recovered a judgment for S35, the value of the service for the extra month, under the new arrangement. The school district contended that the contract, not being in writing, was not enforceable. The teacher, on the other hand, contended, first, that this was not a new contract, but an enlargement of the original one, which was in writing. This proposition is not tenable. The law contemplates that all the terms of the contract shall be in writing; and if, under a claim of enlarging or continuing a written contract, the board might make the principal part of it rest in parol, or in an oral agreement, it would have the effect to render the statute of little value. It wa.'^ further contended that, the contract having been performed by the teacher, he was entitled to recover, not- withstanding the state statute, which requires that all such contracts shall be in writing. There is nothing ambiguous about the terms of this statute. The district board is a board of limited powers, and no good reason can be urged why, when the statute is express and limits their power to contracts in writing, it should not be observed. In a previous case (61 Mich 299) it affirinedthat, where a written contract was signed by a majority of the board, and was presumptively valid on its face, the execution of such a contract, not duly authorized, might be ratified by the board without a formal meeting. Where there was a written contract, valid on its face, actually carried out in full, and acquiesced in by all concerned, the court held (62 Mich 153) that it could not be subsequently repudiated. The effect of these cases was to hold that one contracting with the school district in writing, and whose contract is signed by the officers contemplated by the statute, may rely upon the appearance of authority, and assume, at 102 Trustees : Duration of Contract [Part I least, after his services have been received without murmer or complaint, that authority had been duly granted to execute the contract. This case is to be distinguished from one (110 Mich 363) in which all the officers of the district ratified a contract not required by the terms of the statute to be in writing, where the only question was whether the informal action of the board should be sustained. Here the plaintiff (teacher) is presumed to know the law, and must be held to know that the contract under which he assumed to render service to the district was one prohibited by the statute because not written. He was not misled as to the authority of those with whom he assumed to contract, but stood upon equal ground with the school board, and, although it may be a case of hardship, the contract is one not enforceable, and a verdict should have been directed for the defendant (school district). (87 N W 80) In Ky. a verbal contract is sufficient, provided the city has not itself passed some statutory provision requiring con- tracts in writing. (Roberts vs. Clay city, Ky S. C. May 9, 1900) A written contract may contain more than one instrument. (72 N E, citing 149 Ind 152) Va. imposes a fine of $50 upon any school-board that fails to enter into written contract in form prescribed. In New York failure to give the teacher a written contract does not vitiate the contract. (D 3640. See 33 la 105, 40 la 444, 63 Mo 137, 13 Pac 329) But it makes it difficult for the teacher to prove what were the terms of the contract, in case there is a dispute (D 3890). Where the case is difficult to determine (D 3768, 4263), or where the amount of damages is indeterminate (D 3768, 3797) the commissioner of education will refuse to interfere, and refer the matter to the courts. District] Contract must be Definite 103 The contract must be definite. (562) (72 N E 159, citing 136 Ind 503, 25 Ind Ap 161, 22 L R A 515, 105 Mass 102, 19 Minn 203, 36 N E 141, 57 N E 732) It must be so plain as to be capable of specific enforcement. (77 Ind 447, 127 Ind 95, 26 N E 686, 56 N E 524, 72 N E 159) A teacher was employed at a certain regular meeting on condition that she should attend at some place of learning a summer training school, but the contract did not say when school was to begin, what grade she was to teach, nor how much she should be paid. Held not sufficiently definite. (72 N E 159) In the absence of fraud, accident, or mistake, it will be conclusively presumed that the contract contains the entire agreement of the parties. (52 la 130, 25 S E 830) When a teacher accepted a written contract for 16 weeks, but claimed to have been hired for 36 weeks, the burden of evidence to dispute the contract is upon the teacher. (D 3944, 4767) An application by a teacher for position and an order by the board to employ her are not sufficient to constitute a contract. (72 N E 159) On the other hand a resignation may be recalled before it is acted upon. A teacher and a board of directors of a school district entered into a written contract for the former to teach the public school in such district for a term of 36 weeks, commenc- ing in September. He took charge of the school, and taught it up to the beginning of the winter vacation in December. Two days before he closed the school for the vacation, he handed a tender of his resignation to the president of the board, to take effect the day the school should close for the vacation. The president called a special meeting of the board for the Saturday evening following the closing of the 104 Trustees : Duration of Contract [Part I school. That evening, after the mennbers of the board had convened, and before the tender had been acted upon, the teacher placed upon the secretary's table a writing, addressed to the board, stating that, after much urgent solicitation on the part of his many friends, he thereby withdrew his resig- nation. Nevertheless, the board accepted the resignation, and, when the teacher presented himself, after the vacation, ready and willing to continue to perform the duties of teacher under the contract mentioned, they forbade and prevented his doing so. Moreover, 2 days after the special meeting referred to, an order was drawn on the treasurer, and delivered to the teacher, for the balance due up to the commencement of the vacation, and this order was paid to him a few days later. Under such circumstances, could the teacher recover damages for breach of contract ? The supreme court of Iowa holds that he could. First of all, it does not consider that there was a renunciation of the contract upon his part. It holds that the writing in which he stated that he tendered resignation was simply an offer to resign, — to terminate the contract, — and, until accepted, was not binding upon either party. If it had been accepted (before being withdrawn), both parties would have consented to the termination of the contract; but, if not accepted (though not withdrawn), both would continue to be bound by the contract. Being a mere offer, the teacher making it had the right to withdraw it at any time before it was acted upon by the board. Where- fore, after its withdrawal before being acted upon, it was as if no such offer or tender of resignation had been made. At the time the board acted, it had no such offer to act upon. The tender of the resignation did not show an abandonment of the contract. Nor is one shown by the fact that he drew the balance of the pay due him, nor by the fact that he de- livered the key of the schoolhouse, on demand of the board, prior to the time when school was to commence again. He drew his pay to the end of the year because it was due him, and delivered up the key because it was demanded of him. The fact that the tender of resignation was handed to the District] Must be for Specified Time 105 president, and retained by him, did not constitute an ac- ceptance of it, for the reason that it remained for the board to act upon the offer. It was further contended that if, by reason of the with- drawal, there was no resignation before the board, then their action was an order of discharge, under the section of the Iowa code, which provides that the board may, for sufficient cause, after a full and fair investigation, discharge a teacher. The court says that the proceedings at the special meeting were not intended to be, and were not, in fact, in pursuance of that provision of the statutes. No complaint of incompetency, partiality, or dereliction of duty was made against the teacher, nor was he called upon or permitted to defend against such accusations. Besides, the relief sought in this case being exclusively a money judgment, which the county superintendent had no power to grant, the court does not consider that the teacher lost any rights therein by not appealing from the action of the board to him. (82 N W 444) The duration of the contract must be stated. (562) Agreements between teachers and trustees that either party may terminate the employment at any time are against public policy. Employment should be for a specific length of time. (D3678) See N. Y. Teacher vii. 421. The law does not permit trustees to assume dictatorial powers. It will not allow them to exact agreements of teach- ers into which a self-respecting person cannot enter ; nor will it allow them to turn a teacher out of the schoolhouse in the midst of employment only because of pique or spite, or in order to put some one else in. The employment must be at least for a reasonable length of time. It should be for a term at least — a time sufficient to enable a teacher to show proficiency or make so complete a failure that no district will employ him again. (D 3735) If the board make a valid contract, reserving the right to discharge a teacher whenever they see fit, then the public 106 Trustees : Duration of Contract [Part I schools must be taught to suit the whims, caprices, and pe- pecuHar notions of the hiring board, and not as the teacher in the conscientious discharge of his duty should teach the same. They could compel teachers of district schools to teach the same to the satisfaction of the boards who hire them, instead of to the satisfaction of the people who com- pose the district, or in a manner most beneficial to the pupils, or as a good, competent, and faithful teacher ought to teach the same. (50 Wis 651) A rule that the teachers should be liable to discharge at the pleasure of the board is no defence to an action on a contract of hire for a specific term. (15 Colo 367, 55 Mo 149, 60 Wis 651) A decision rendered Feb. 7, 1896, by the State superin- tendent of Washington contains this ruling : In this case two questions arise at the outset upon the determination of which will depend the decision of the whole matter: First, Is the provision in the contract empowering the board to dismiss at pleasure operative ? On the first question raised the assistant attorney-general has advised this office as follows: "All authority of the school board to employ a teacher is traceable to some provision of law. Such law is not only the source of their authority but the limitation of it. The power to discharge a teacher is restricted by the provision that the discharge must be for sufficient cause. The board cannot, by the form of the contract they enter into with a teacher, give themselves greater powers than the statute has conferred upon them. No power whatever is conferred upon the board to discharge a teacher, except for sufficient cause. Any provision there- fore in a contract with a teacher giving them the power to discharge at will is unauthorized and invalid." (50 Neb 171, 69 Neb 772) But it is entirely a question of statute law. In states where the statute empowers the trustees to employ teachers and remove them at pleasure, this enters as part of any District] Must be for Specified Time 107 contract made under it, and a teacher may be discharged notwithstanding the terms of his employment. (D 1845; of. 3888; 5. B. xv. 105) (12 Gray 339, 3 Hun 181, 26 111 379, 81 III A 304, 10 Kans 283, 123 Mass 545. 1 Neb 76, 6 Neb 167, 19 Neb 494, 42 Neb 127, 49 Neb 759. 50 Neb 174, 60 N W 347. 69 N W 114, 772, 97 Tenn 489, 38 Vt 602) This was true in New York city and Brooklyn previous to their consolidation into the Greater New York. (66 N E 675) Where board employs teacher for a year "unless sooner removed by the board" he cannot be removed without cause. (45 Pad 19) A stipulation to pay the teacher for time actually occupied in school does not prevent payment for such time as the trustees might arbitrarily prevent her from performing her duties. (60Pacll00) Trustees have the power to hire beyond their term of office, for a term not exceeding one year. A sole trustee has the same right. (D 3640, 4311, 4466, 4888, 5295) (53 Ark 468, 63 Barb 177, 36 Conn 280, 8 Cush 191, 4 Hill 168, 4 111 A 224. 4 Ind 396, 106 Ind 478, 126 Ind 528, 1 Ind A 138, 13 la 555, 75 Mo 408, 27 N E 303, 34 La 354, 47 Mich 112, 67 N Y 36, 47 Pac 758, 20 Vt 487. 23 Vt 416, 24 Vt 528, 56 Vt 551, 7 Wend 181, But see 87 111 255, 92 111 293, 24 111 A 191, 5 Jones 98, 51 Mo 221) Texas upholds this right, which has been affirmed by courts of Mich., Ind., Wash., Ark., and federal courts. Delaware denies it. (42 Atl 368) In some states, the trustees may not engage a teacher after their successors have qualified (87 111 255, 4 111 A 224, 24 111 A 191, 51 Mo 149, 55 Mo 149, 50 N W 293), or before the annual re-organization of the board (87 111 255, 92 111 293, 16 Wis 33), but may make contract for a term beginning after some mem- bers go out of office. (53 Ark 468, 106 Ind 478, 44 Mich 500, 81 Mich 214, 67 N Y 36, 16 Wis 316) Ark., Minn., Ky. even forbid that contracts for the coming year be made before July 1. (42 Atl 368) 108 Trustees : Duration of Contract [Part I In the absence of statutory limitations a school district can enter into a contract of employment with a teacher for a period of two scholastic years, though such contract ex- tends beyond the term for which some of the directors were elected. — Caldwell vs. No. 7, Lake county, U S S C Oregon, March 1, 1899. In New York common districts no contract for the employment of a teacher may be made for more than one year in advance; or for a shorter time than ten weeks unless for the purpose of filling out an unex- pired term of school. (562, D 4466, 5106, 103 N Y 65) (87 111 255, 92 111 293, 4 111 A 224. 32 Pa 194, 28 Pa Sup 16) No such restriction is placed on hiring in union schools. (D3653) Some cities, like New York and Albany, m.ake the engage- ment of teachers permanent, either at once or after a year or two of probation. In such cities teachers may be removed only for cause. New Jersey has recently made this a law. Contracts should be made by the year, or for a certain number of months, weeks, or days. (12 Gray 339) The school month is now almost universally regard- ed as 4 weeks of 5 school-days each. (2 Wallace 77) Where the time is not stated it must be assumed to be for a year. (170 Mass 289) A contract for one year is a school year. (72 Pac 408) Where a teacher was first engaged in 1880 ; in the summer of 1881 was hired for another year; and in the summer of 1882 was hired "for another term at a salary of $900 per annum", and discharged Nov. 29, 1882, held that the contract did not expire till the end of the school year, in June, 1883. (Sup't Gtlmour, N. Y., April 5, 1883. 50 Neb 171, 69 N W 172) District] Vacation; Holidays 109 As to hours of school, see page 170. A teacher entered into contract for 3 months with option to teach the entire year if satisfaction was given. Held that she could not be discharged at the end of six months. (69 N W 772) A contract for a year includes the two months of vacation (707) ; but during these months the teacher may teach another school or otherwise employ his time. {710) Usually the yearly salary is paid in 10 equal instalments, but in some schools it is paid in 12 instalments. Where engagement is by the month, and teachers receive one- twelfth of the annual salary each month, a teacher who has completed the school year must be paid for the vacation months, even if she has declined to remain.— 5. B. xiv. 95. A teacher engaged for a year at a specified salary was paid 1-9 each month, on assumption there would be 9 months. There were 8 months. Held that she must be paid the other 1-9. (Williams vs. Bagtelle, Cal.) A stipulation to pay "for the time actually occupied in school" must be construed simply as an intention to prohibit plaintiff from drawing her salary during vacation, or during the time she might be excusably absent or temporarily unable to discharge her duties, and not to apply to such time as the defendant might arbitrarily prevent plaintiff from performing her duties without discharging her under the contract. (60 Pad 100) Unless otherwise specified, the contract requires no school upon holidays. The commissioner of education directs that. Feb 12 and Feb. 22 be observed by appropriate exercises in schools, programmes for which he supplies. Though these are holidays schools may be kept open or closed in the discretion of the school authorities. (452, 702) 110 Trustees : Duration of Contract [Part I When a holiday comes on Sunday, it is celebrated on the Monday following. For these days no deduction from wages is to be made. But if the teacher keeps the school open on a holiday, he is not entitled to have such day's service counted in lieu of another day not a hohday. (39 Mich 480 ; 62 Mich 153) The custom is so well established of keeping the school in session on the five work-days of each week exclusive of Saturday, that to change this custom would require action by the board, but in Ohio they may authorize that there shall be no session on Monday. In Iowa it is lawful for a board to give teachers holidays and not deduct pay, and quite usual. The teacher, however, may not claim it as a right. Sup't Geeting of Indiana ruled that if the school be closed by the trustees that the pupils may attend the county fair, the teacher cannot be compelled to make up the time. Ind. School Journal, xiii. 15. (See 74 Ind 127) The statute requires that the teacher receive full pay for institute week. (623) Schools in cities and incorporated villages employ- ing a superintendent are not compelled to close for the institute, or to allow their teachers pay for at- tendance, but they sometimes do so. The trustees of every school district are directed to give the teacher or teachers employed by them, the whole of the time spent by them in attending at an institute or institutes held as hereinbefore stated, without deducting anything from the wages of such teacher or teachers for the time so spent. All teachers under a contract to teach in any school commissioner district must attend such institute so held for that district, even though at the time the school is not in session, and receive wages for such attendance. A teacher must be paid for the week spent at teachers' institute occurring during the term of employment. When, District] Institute Week 111 at the request of a board of trustees, a teacher taught an additional, week, the teacher must be paid for that week at the contract rate. An attempt to compel a teacher to make up for the time spent at an institute will not be sustained. (D 3523) Arranging a period of vacation by a trustee so as to avoid the payment of wages during the week of a teachers' insti- tute, and which the teacher duly attended, is contrary to the statute. (D 3892) Teachers will be entitled to pay for a week during which school was closed in consequence of a teachers' institute having been designated for that week, but not held because of storms and floods which rendered it impossible. Also, to the week to which the institute was adjourned and held, school having been closed. (D 3623) A teacher may attend an institute outside her own district, if she has the consent of the trustee, the commissioner, and the commissioner of education. — 5. B. xx. 37. In S. D. teachers receive one-half pay for attendance. In Ore. they are paid for not more than 2 days. In some states the state even pays the necessary expenses for the holding of state associations of teachers, and teachers may suspend their schools for not more than 2 days in the year to attend such associations, and receive pay for their time. For penalty if teacher fails to attend institute, see page 94. A teacher of a district school neglected to attend the session of a teachers' institute, although the school was closed during the week, by the trustees' direction, because of a report which prevailed that a contagious disease was prevalent in the vicinity where the institute was held. Held, that the teacher was not entitled to recover pay for the week of the institute. (D 3829) The contract is sometimes conditional upon the teacher's attending local teachers' meetings. 112 Trustees : Duration of Contract [Part I Where a teacher is prevented from filling a contract from misfortunes that happen to the district, he can recover for full time. (19 111 A 48, 23 111 367, 39 111 446, 13 Neb 52, 13 N W 16) Va. authorizes the trustees, with the approval of the county superintendent, to close the schools "for a sufficient cause", and pay the teacher for the time taught; and la. while acknowledging the right of the teacher to full pay, says such cases are best settled by compromise. Nora Meredith of Henry county, Indiana, began teaching school, but the trustee closed it on account of small attend- ance. He was obliged to pay her full salary. (70 N 93) When school is closed on account of contagious or other sickness, the teacher may recover full pay. (D 3706, 3791, 5079, 50S2, 10 Ind A 428, 50 L R A 371, 43 Mich 480, 50 Vt 30) The same principle applies when school is necessarily closed on account of a blizzard. — 5. B. xiv. 98. If the schoolhouse is burned, the teacher recovers for full period of contract. (D 3917, 5. B. x 93, 23 111 367, 69 Mich 589. But see 24 Mo A 250) Three teachers were engaged in No. 1, Westchester, on Aug. 27, 1887. Through wrangling on the part of the trustees the school was not opened till Jan. 9. 1888. The teachers must be paid in full as though school had been in session. (D 3679) So as to payment. (4 Ohio 561) Action of a board of education in resolving to close public schools for the reason that the corporate authorities upon whom the duty to provide funds devolves by law, neglect to provide necessary means, will not be upheld. Teachers under contract would District] Closing of School 113 have a remedy by law, if wages provided for by contracts were in default, although prevented from teaching by the closing of the schools. (D 3993, 31 Minn 319) // the enforced vacation extended over some months, it is possible that the teacher might be expected to use due diligence to find other employment. (31 Neb 501, 48 N W 267) CHAPTER VIII Trustees: Teachers' Wages The amount of wages must be clearly stated. (562) In most states the contract is invalid unless it names the wages. (121 Mich 654, 68 N W 483) A contract to pay "good wages" is not explicit enough. (72 N E 162) Unless compensation is named the contract does not hold. (68 S W 483) A teacher in Jackson township, Ind., made a contract with the trustee to teach another year, but no agreement was made as to wages, the teacher believing he was to have the same as the previous year. The trustee hired another teach- er. Held that as there was no agreement or compensation there was no contract ; there is a distinction between agree- ing to hire and hiring a teacher. (60 Pac 1 100) Yet in Portland, Ore., it was held that the contract is not void for uncertainty where the stipulation for salary provides that the teacher shall receive the same as was established at that date for like services by the actual district within which the city was situated. (Coldwater vs. Dist. No. 7, 1899.) Most states like New York leave the trustees un- restricted as to the amount of salary they shall pay the teacher. (195) In some states, as Cal., Tenn., Wy., women teachers must be paid the same salaries as men for like work. Some states, like N. D. and W. Va. provide that the salaries of teachers shall be graded according to the grades of their certificates. Several states, like Pa., O., Ind., W. Va. have fixed minimum salaries. (114) District] Extra Pay 115 In some states extra pay is provided for, principally on the following grounds : For instructing non-resident pupils. — This would require a special agreement with the trustees. (D 3623) The trustees have sole authority to admit pupils or to exclude them, and the teacher must instruct the pupils admitted. This applies also to pupils over school age. The wrongful exclusion of a child by a teacher under di- rection of the trustees does not defeat the right to wages (26 Ohio 421) ; whether an action will lie against a teacher for refusing to instruct those who lawfully come to him for instruction, or whether the remedy is confined to an appeal to the governing board. Judge Cooley says (Torts, p. 288) is left in doubt by the authorities, though he thinks it action- able. For instruction in outside branches. — In New York public school teachers are not allowed to furnish instruction in school in certain branches upon payment of tuition, either to the teacher or to the trustees. Public schools should be free to all children of the district to receive any branch of instruction for which they are qualified. (D 3764) Trustees who pay a fixed salary to the principal are not allowed to permit him to share in receipts from the teachers class. — S. B. xxii. 3. In Ky. trustees may allow a teacher as part of his com- pensation tuition for certain branches. (30 L R A 697) For janitor wor^. — While the teacher cannot be com- pelled to do janitor work, on the other hand he can- not be paid for janitor work he does voluntarily, unless so agreed in the contract. 5. B. xiv. 83. The trustees cannot deduct from the teacher's wages the amount they have paid for janitor work. (D 2139) 116 Trustees : Teachers' Wages [Part I Any other duties upon the teacher than those properly belonging to his work as a teacher, such as sweeping the schoolhouse, must be expressly stated in making the contract. The teacher cannot be compelled to do janitor's work on the ground of local custom. A teacher who contracts simply to teach a school for a given number of months, for a given sum, is under no obligation to cut or carry in the fuel, sweep the schoolhouse, or make the fires. It is as much the duty of the trustees to have these things done (by the teachers and pupils if they volunteer to do them, or by paying for them otherwise) as it is to furnish a broom or a stove. The trustees have no power to compel either teacher or pupil to do these things. (D 4221, 4251) The pay of any teacher employed in the public schools of this state is due and payable at least as often as at the end of each calendar month of the term of employment, and this must be stated in the contract. (562, 567) (2 111 A 584, 49 Neb 755. 69 N W 114. 72 Pac 408) A teacher who has not been paid as often as once each month during the term of employment as re- quired by statute is entitled to interest on the several monthly payments which have been withheld, from the time when payable. (D 3803) The teacher's wages are always due to him, and in cash. Debts on notes due to other persons, even to the trustees, cannot be set off against the teacher's wages. The money due him cannot be attached. (23 Am R 661, 53 Am R 878, 8 Bush 336, 54 Ind 501. 78 Ky 105, 116. 542 R A 566, 39 Mich 480, 80 Poe 533. 3 Sneed 379) In New York, however, his wages are now subject to attachment under the garnishee law of 1908. District] Payment 117 Even though he is a minor, the teacher's salary must be paid to him, and not to his parent or guardian. See page 108. An act providing for the deduction of a percentage from the salaries of public schoolteachers to provide a pension fund for their benefit is held to be unconstitutional either for lack of uniformity, or as a taking of private property from one citizen for the benefit of another. A rule of a board of education providing for a deduction of 1% from the salaries of all teachers, to be paid into a fund for the purpose of provid- ing annuities for teachers becoming incapacitated by reason of long service is held to be unauthorized and void. (58 L R A 663, 64 N E 109, 91 N W 430) Compare page 138. Contracts which involve an agreement to board with the trustee or to board around cannot be en- forced. The teacher should have a specific sum as wages, be paid in cash, and board himself. (D 3717) He has a perfect right to change his boarding-place at any time. An agreement to the contrary with the trustee is illegal and void. (D 3575) In case the trustees neglect or refuse to pay the wages due, they may be sued. The trustees are a quasi corporation, possessing power in this and for this purpose to bind their district, and to create a corporate liability which will attach to their successors in their official capacity. (3 Bush 255, 2 Greene 482. 68 111 154, 80 Ind 276, 96 Ind 105, 1 la 359. 20 Me 154, 53 Mo 272, 30 Mo A 113, 34 N J L 308. 23 N Y 176. 3 Ore 365. 43 Pa St 318. 1 1 Pick 260, 5 Vr 308) A teacher is entitled to a writ of mandamus to compel the trustees to pay arrears of salary due him. (34 N J L 308) He has his option to bring suit to recover money, or pro- ceedings for a writ of mandamus to compel its payment. And if an order has been issued to him, and it remains un- paid, he may still have his choice of remedies. The creditor of a corporation is not restricted to mandamus as his sole remedy. (14 la 28) 118 Trustees : Teachers Wages [Part I The teacher has one of two remedies — action on the contract, (20 Me 154, 53 Mo 472, 43 Pa St 318) or a writ of mandamus. (14 la 28, 34 N J L 308) Mandamus, and not an action for money had and received, is a proper remedy to compel a clerk of the school district to pay over money in his hands applicable to a warrant issued in favor of a teacher for salary. The funds are the funds of the dis- trict until he parts with the custody of them. (3 Ore 365) In Mont, judgment must not be issued for salary when district admits the claim but has no funds. (61 Pac 250) CHAPTER IX Trustees : Dismissing Teachers Unless the contract specify that certain grades or subjects shall be taught, the teacher must accept whatever grades or subjects, within his capacity, are assigned by the trustees. (D 3898) Unless otherwise stipulated, where there are several schools in the district, or several departments, the teacher must take any one assigned to her, even if it be a colored school. (11 111 A 393) Under a complaint by a school teacher to recover salary based upon and alleging a full compliance with the terms of an express contract to teach as assistant principal in the high school department, where the evidence shows that she has materially violated its provisions in refusing to teach certain classes assigned to her by a new and recently selected principal when possessing the scholastic attainments and ability to do so, when the different members of the board frequently endeavored to persuade her to teach said classes, her defence being that neither the board of education nor the prin- cipal of the school had power to modify or change the assignment made by a formei principal ol the schools. Held, under the contract it was the duty of plaintiff as assistant principal to teach such classes and perform such duties, within the scope of her employment, as the principal of the school might reasonably assign or direct, and where plaintiff had wilfully and with- out justifiable cause failed and refused to perform her duties, a dismissal was justifiable and no recovery could be had for salary unearned. — Morrow vs. Board of Education City of Chamberlain, So. Dak., Sup'r Ct., Oct. 28, 1895. But when the contract specifies certain work the teacher can not be compelled to do different work. Letha Jackson was employed by the school authorities of Steamboat Rock, la., to teach 34 weeks from Sept. 7, 1896. She was discharged Nov. 9, but offered a place in a higher department at the same salary. The court holds that when a servant is wrongfully discharged, he cannot be bound to accept new employment from the same master, unless (1) to work in the same general lines as that of the first employment, (119) 120 Trustees : Conditions of Contract [Part I and (2) the offer is made in such a manner that it will not amount to a modification of the original contract. It does not appear that the offer was so made that plaintiff could accept it without modifying her original agreement. Judg- ment for plaintiff affirmed in supreme court. (81 N W 596) A. J. Jones, hired as principal of high school and to teach 9th, 10th, and 1 1th grades, refused to take also 8th grade and was discharged. Held that he could not be compelled to take 8th grade, and was not legally discharged. State Sup't R.C.Barrett, la., May 12, 1899. (Midland Schools ]\i\y, 1900.) Under the political code, boards of education in cities can remove a teacher, "when elected", only for the violation of the rules of the board of education or for incompetency, or unprofessional or immoral conduct, especially where the time of employment is not fixed by contract. The clause in the code prohibiting the removal of a teacher without cause applies to previously elected teachers and is, violated by re- moving a teacher to a lower grade. So held by the California supreme court in Kennedy vs. San Francisco Board of Educa- tion. Especially is it true that a change of grade must not involve any reduction in salary, which would be equivalent to a discharge and allowable only for the same reasons. (50 N Y 473, 67 How Pr 372) See page 125. Katharine R. Callahan, appointed in June, 1900, to 6th grammar grade, and in Sept. put into 4th grade at $150 a year less, was entitled to the 6th grade position, and could not be removed and placed[in a lower position. (66 N|E 674) Whether specified or not, teachers are by law re- quired to fill the blanks in the school register, to preserve it, to verify its correctness by oath, and to deliver it to the district clerk. (D 3838) Teachers must keep, prepare and enter in the books District] School Register 121 provided for that purpose, the school lists and ac- counts of attendance hereinbefore mentioned, and be responsible for their safekeeping and delivery to the clerk of the district at the close of their engagements or terms. (557, 61 Pac 1193) Each teacher must, by his oath or affirmation, verify his entries in the school register provided by the education department, and the entries constitute the school lists from which the average daily attend- ance shall be determined. Such oath or affirmation may be taken by the district clerk or trustee, but without charge. (558) A teacher is not entitled to his salary for the last month of a term until he has so made and verified such entries and the trustees must not draw on the supervisor, collector, or treas- urer for any portion of his salary for such month until such oath or affirmation has been made. (558) This obligation upon teachers is practically universal. (2 Allen 592, 4 Cush 599, 6 Fost 470, 3 111 A 349, 20 111 511, 77 111 628, 78 111 A, 390, 107 Ind 351, 30 La Am 607, 43 Md 449, 30 Mich 249, 35 Neb 1, 57 Neb 188, 26 N H 470, 52 N W 710, 77 N W 62, 21 Vt 957, 35 Vt 623, 5 West 684) La. imposes a fine of $2 for failure to furnish report. Texas and N. M. impose a fine of not less than $25 or more than $500. If the register be lost through carelessness the teacher is entitled to no pay for his services, and from this duty the trustees have no right to excuse him. (2 Allen 592, 6 Fost 470, 26 N H 470, 35 Vt 623, 41 Vt 353) He may draw pay if he can make oath that it was correctly kept, but lost or stolen through no fault of his; and trustees may permit the teacher to fill up the blanks afterward, if the 122 Trustees : Conditions of Contract [Part I district do not thereby lose its public money. (D 1713, 2523) In Vt. the fact that a teacher who had been dismissed carried ofT the register, but returned it to the district clerk before bringing suit for wages did not defeat recovery of wages. (41Vt353) For special registry under the compulsory law see page 193. CHAPTER X Trustees : Dismissing Teachers Any failure on the part of a teacher to complete an agreement to teach a term of school without good reason therefor is deemed sufficient ground for the revocation of the teacher's certificate. (563) See page 136. The enforcement of this provision rests in the judgment of the commissioner of education. S. Jennie Townsend was teacher of music and oratory in Warwick during the year ending July 31, 1904. In April she signed a contract to remain another year. On July 13 she telegraphed them her resignation. One member replied that only three members of the board were in town and that he would write to her later. Assuming that she would be released she accepted another position at a higher salary, and notified the Warwick board. On July 28 they wrote her that she had broken her contract, and filed petition to the commissioner of education to revoke her certificate. Commissioner Draper decided: "The teacher did wrong in accepting a more desirable offer before being released from a prior engagement which she had made. But the temptation was too much for her. She made the effort to secure release. She was not met with immediate refusal, or with decisive action of any kind, and she pre- sumed upon a very common usage of trustees to grant re- lease in such cases rather than to endure the consequences of disappointment. Doubtless teachers ought to be required to abide by business contracts as sharply as other people, and women teachers as much as men teachers. It is difficult to do it, but if it was a question of enforcing or assuring the results of a contract the commissioner would try to do it. But that is not it. He is asked to punish a woman teacher for^a fraility. He will do it to the extent of telling her she (123) 124 Trustees : Dismissing Teachers [Part I did wrong and must not repeat the offence, but he must decHne going to the length of revoking her certificate and putting a dark mark upon her Hfe." No teacher may be removed during a term of employment unless for (1) neglect of duty, (2) inca- pacity to teach, (3) immoral conduct, or (4) other reason which, when appealed to the commissioner of education, shall be held by him sufficient cause for such dismissal. (566) A teacher once employed cannot be dismissed dur- ing the period of the contract except for cause. (D 3864, 3865, 4195) (10 Barb 290,''77 111 628, 2 III A 458, 95 111 A 250, 96 111 A 604, 5 Lea 525, 3 Me 450, 55_Mo[l49, 50 Neb 171, 69 N W 772. 95 Pac 892, 1123, 51 Wis 554) A teacher doutbless, Hke a lawyer, surgeon, or physician, when he undertakes an employment implicitly agrees that he will bestow upon the service a reasonable degree of learning, skill, and care. When he accepts an employment as teacher in any given school, he agrees by implication that he has the learning to enable him to teach the branches to be taught therein, as well as that he has the capacity in a reasonable degree of imparting that learning to others. He agrees, also, that he will exercise a reasonable degree of care and diligence in the advancement of his pupils in their studies, in preserving harmony, order, and discipline in the school, and that he will conform himself as near as may be to such reasonable rules and regulations as may be established by competent authority for the government of the school. He also agrees, as we think, by a implication, that while he con- tinues in such employment his moral conduct shall be in all respects exemplary and beyond just reproach. (88 111 563, 42 Ind 200, 38 Vt 529) Where a teacher entered into contract in her maiden name four days after she was married, concealing the fact that she District] Cause must be Shown 125 was married though she knew the trustee would not hire a married teacher, it was held that the trustee had the right to break the contract on the ground of misrepresenation. (62 N E 711) In New York the caus.e must, if appeal is taken, seem sufficient to the commissioner of education. The burden is upon the trustees to show cause by preponderance of proof. (566, D 4244) The Colorado court of appeals holds that the teacher is not an officer but an employee, and may be summarily discharged. (46 Pac 846) In some states this is still true; it is entirely a matter of statute law. (88 Wis 7) Seepage 119. Before the consolidation New York city and Brooklyn teachers could be removed arbitrarily and without trial. (66 N E 675, 80 N E 1116) The present law in the Greater New York requires charges to be preferred, a formal trial held, and in case of conviction punishment inflicted by a fine, suspension for a fixed time without pay, or dismissal. (64 N E 675) The causes are gross misconduct, insubordination, neglect of duty, and general inefficiency. (66 N E 677) Reassignment from one grade to another is practically a removal from one and an appointment to the other, and may be done only in hearing as above. (66 N E 677) See page 119. But teachers may be discharged from service in evening high schools when not needed. (66 N E 677) On Dec. 23, 1903, Ella M. Queen, teaching in St. Georges county, Md., wrote to the board that she was to be married Dec. 26, but could continue to teach till June 15. On June 9 she wrote to each of the trustees that if satisfactory to them she could teach another year. On Aug. 13 the trustees wrote 126 Trustees : Dismissing Teachers [Part I her that her resignation was accepted and appointed another teacher. She appealed to the county board, which ruled that her letters did not constitute a resignation, whereupon the local board wrote her a letter about Sept. 9, saying her services would not be required after Oct. 10. She asked rea- sons for her removal and they replied, "We believe it will be for the best interest of the school," giving no other reason. She appealed to the state board, which ruled that this was not sufficient reason, and on Jan. 18 Miss Quinn, now Mrs. Nal- ley, took forcible possession of the school against the protest of Miss Polhemus, who had been appointed in her place. Ruled that Mrs. Nalley did not resign, that the reasons for her removal were insufficient, and she continued to be teachei, and her salary must be paid. (63 Atl 224) In Indiana the Lafayette school board contracted with a teacher with the right reserved to dismiss her upon two weeks notice, and dismissed her two weeks before her service was to begin. This was held to be illegal. (46 N E 10 16) The directors of a school employing 13 teachers having determined to reduce the number for the ensuing year to 12, passed a resolution that all whose terms expired be employed for the ensuing year subject to right of the board to relieve one of them. All accepted. Court held that one could not be removed by resolution of the board asking her to resign. (Kennedy vs. Dist. No. 1, Wash. S. C, Dec. 20, 1898) A teacher contracted for three months, with option to teach the school year if satisfactory. She remained a second three months and was then discharged, but recovered full wages. (69 N W 772) A Tennessee board stamped across the face of a contract, "The directors reserve the right to annul all contracts every fourth month." It was held to be beyond their power to dismiss a teacher within the year except for incompetence, improper conduct, or inattention. (37 S W 277) District] Trustees have the Power 127 The annulment of the Hcense dissolves all contracts entered into by virtue of its sanction, but until the license is revoked, the trustees are not bound to retain a teacher obnoxious to the district through immorality, incapacity or inefficiency. D 4339, 4349, 4355) (43 Hun 537, 57 Hun 33, 6 Neb 167, 42 Neb 127, 49 Neb 759, 50 Neb 174; 60 N W 34. 69 N W 114, 772, 50 Pac 421) This would be subversive of the principles pertaining to the essential nature of contracts. 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 before a commissioner, and abide the event which may be determined through in- sufficiency of evidence, while the moral conviction of the truth of the charges preferred it still strong and abiding. The presence among pupils of a teacher against whom such suspicion should rest, must of itself, from the suggestions to which it would give rise, promote conditions of mind opposed to the development of virtue and purity of the heart. This consideration alone would justify the trustees in a summary dismissal of the teacher. This, to be sure, is an extreme case, but it is sufficient to illustrate 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. {730) Officers employed for fixed terms may always be removed in case of misbehavior or other supervening unfitness. (7 Gray 33, 3 Mass 160, 5 Pick 469, 16 Pick 274, 24 Pick 281) The power to dismiss the. teacher rests with the trustees. For an abuse of their discretion, or an 128 Trustees : Dismissing Teachers [Part I unwarranted exercise of their authority, they are of course responsible. Mo. directors have no power to dismiss a teacher for in- competency or immorality. That power is given by statute to the county school commissioner. (19 Mo 462 For disad- vantages of this see 159 Mo 299) On complaint of the person sustaining what he considers a grievance or wrong, the issue becomes one of fact, and it devolves upon the trustees to show by evidence that the teacher lacked the character, the ability, or the will essential to a proper discharge of his duties, and that he failed thus to fulfil the obviously implied conditions of his contract. (730) If teacher is hired "during the satisfaction of the dis- trict", the trustees are the sole judge. (26 111 A 379, 81 111 A 304) But where the teacher is hired by the trustee for a definite period the mere fact of dissatisfaction on their part, or that of the inhabitants, is not sufficient to justify the discharge of a teacher. The tribunal before whom the action is brought, as a court, a jury, or the superintendent, are the constituted judges of fact, and will determine, from the evidence presented, whether the incompetence of the teacher, as resulting from ignorance or indifference, is fully proved, and hence his discharge upon the ground of a violated con- tract clearly justified. In the case here presented, the trustees offer evidence bearing upon the management and general deportment of the appellant in the school-room, and his intercourse with his pupils, tending to show disregard of the proprieties and courtesies incident to his position. Trifling and irrelevant conversation, oft indulged and long continued with pupils; prying and impertinent questions in regard to domestic affairs; low, and at the least suggestively vulgar, remarks to the older female pupils; rtide, boisterous, and harsh language, as a means of or substitute for discipline, are alleged and proved by the District] Cause must be Sufficient 129 testimony of his pupils, with a circumstantial minuteness that requires emphatic denial or plausible explanation to invalidate or palliate. The appellant has failed to meet the issue. It is proper and just to remark, that the justification of the trustees does not proceed from any alleged or proved inability or immorality of the appellant; his literary qualifications and his moral character stand unimpeached, and, it is to be hoped, unim- peachable. But his inefficiency appears to have been the result of gross negligence and indifference — a debilitated will, rather than of inherent depravity or defective scholarship, a fault which it is earnestly hoped the wholesome practical discipline of this experience will serve to eradicate. Under the view of the case as above presented, therefore I must decline to interfere with the action of the trustees and hold that they have presented a sufficient justification therefor. (S30) The teacher may be dismissed for unjustifiable severity of punishment (75*), but not for mere difference of opinion from the trustee as to discipline. (7.^^*) In New York the cause must, if appeal is taken, seem sufficient to the commissioner of education. (566) The burden is upon the trustees to show cause by prepon- derance of proof. (D 4244) It is not expected that there will be the same formal strictness required in court as to evidence. (3 Hun 177) If trustees will employ teachers with sufficient caution, without previous acquaintance or inquiry, they must not rely upon the Department to relieve them from their unwise con- tracts, and particularly so when the most that can be said against a teacher so employed is, that she lacks tact and management, or talks offensively under opposition and criticism. (D3510) Soine states confer upon trustees the power to dismiss teachers on their own judgment, without assigning a specific cause. (176 111 620, 95 111 A 250, 3 Pick 379) See page 125. 130 Trustees : Dismissing Teachers [Part I The Mass. schoi.l law says: "It will often happen that a committee may be in possession of sufficient reasons to justify the dismissal of a teacher, and yet a wise public policy would avoid a disclosure of them. Experience has proved that this power is not liable to abuse. Committees are reluctant to take upon themselves the responsibility of dismissing a teacher, except in extreme cases." The following is an English view: "For there may be causes which render a man altogether unfit to con- tinue to be a schoolmaster, which cannot be made the subject of a charge before a jury, or otherwise of actual proof. A general want of reputation in the neighborhood, the very suspicion that he has been guilty of the offences stated against him, the common belief of the truth of such charges amongst the neighbors might ruin the well-being of the school, if the mas- ter were continued in it, although the charge itself might be untrue, and at all events the proof of the facts themselves insufficient before a jury." (6 B 682) In an action for services, evidence "that the said plaintiff was incompetent to manage the said school; that she was unreasonable in her requirements of the scholars in said school ; and was uneven in her treatment of them, and partial and abusive in her treatment of certain ones in said school, and that she failed in all respects as a teacher of said school," was admissible. (38 Vt 529) The dismissal of a teacher is business, and must be done at a regular or special meeting of the trustee. The teacher must not be discharged without notice, and a chance to defend himself. (D 3510) (5 Lea 691, 10 Lea 525, 29 Mass 244) A decision by the state sup't, on appeal from the county sup't, that a teacher was wrongfully discharged, is final and conclusive, even if based on the fact merely that the teacher was not given an opportunity to be heard, and not on the merits. (Jackson vs. Ind, Sch. Distc.,Ia.. 1905) Where a teacher is dismissed by a board during the term of employment without an opportunity to be heard and with- out suflficient cause, such teacher is entitled to receive pay for the balance of his or her term of employment, and such dismissal is unlawful, invalid, and void. (D 4294) District] Sufficient Cause 131 Where a teacher is discharged without hearing and subse- quently appears before the board and asks to be heard and is heard, he waives irregularity in the action of the board prior to the hearing. (50 Pac R 421) The principal causes that warrant the annulment of the license (see pages 89-95) still more warrant the dismissal of a teacher, which is a lighter punish- ment. Of course the punishment of a teacher for not attending institute, not keeping engagement, or falsifying register is not within the power of the trustees, but only of the com- missioner of education. Immorality is sufficient cause. (566, D 4294) See page 90. v63 Ark 468, 36 111 71. 28 Kan 345. 30 Kan 268, 15 Mo A 362, 6 Neb 167. 50 Wis 657. 51 Wis 554) The Iowa school law says: "By universal consent, and certainly by the spirit of our school law, it is expected of teachers that they refrain from improper language, keep the Sabbath day with respect, and in every other way avoid practices or company that are demoralizing in their ten- dencies." It is not essential that a teacher be convicted of crime. Good reputation is essential to the greatest usefulness of a teacher. (13 Mass 248) The pendency of an indictment for adultery is sufficient cause for discharge. (170 Mass 289) It was held in the Montana supreme court Sept. 17, 1897, that where trustees dismiss a teacher for immorality and afterward find him innocent and reinstate him, he cannot recover for the time lost. Voluntary bankruptcy is held in Colorado to be sufficient reason for discharge, but this is not the law in New York. In 1909 two principals of New York schools became voluntary bankrupts. 132 Trustees : Dismissing Teachers [Part I Incapacity to teach is specified as a cause for dis- missal. (566) But it must be marked to justify this action. (36 111 71. 2 111 A 458, 17 111 A 397, 55 Mo 149, 38 Vt 529) After a teacher has obtained a certificate, been employed, and entered upon his duty, he should not be discharged with- out the clearest proof of his incompetency or palpable neglect of duty, in default of which on the part of the trustees inferior courts should find for the teacher. The testimony of the pupils as to the teacher's fidelity is to be received with much caution, and occasional or trifling errors in recitation, or inaccuracies in scholarship, or casual laxity in discipline, or tardiness of action, or failure to secure the rapid advance- ment of particular scholars — these things, whether alleged or real, are inconsequential when weighed against the favorable presumption warranted by the possession of a legal certifi- cate, and the evidence of general success and fidelity. (36 11171) One decision of the Education department upon an appeal against dismissal reads thus: "The incompetency of the appellant I do not think so conclusively proved as to sustain the presumption of a non-fulfilment of contract by him, though from the testimony on both sides I am disposed to rate him considerably below the grade of a first-class teacher. Still, the trustees can hardly expect to get all the manly and scholarly virtues for $15 a month;" and the appeal was sustained. Again: "After having taught 9 weeks and 2 days, she was discharged on the ground that she failed in government. This the teacher denies, testifying that she had no trouble except with one young man, 16 years old, who was vicious, profane and exceedingly troublesome. She called upon the trustees to aid her in governing him, but without avail. She had taught several terms before, successfully. Held, that the trustees should have sustained the teacher, removing the pupil District] Sufficient Cause 133 if necessary; and that the discharge was illegal." (D 3678) Seepages 148—155. A teacher will not be reinstated when it appears from her own statements that she was clearly unable to maintain discipline in the school. (D 5308) Barnard Maurice, teacher of French in the Central high school, Philadelphia, was dismissed July 11, 1899, and brought suit against Principal Thompson for crowding Maurice's room beyond its capacity to produce disorder. He was nonsuited. In Missouri the power to dismiss for incompetency rests with the school commissioner. (19 Mo A 462) Neglect of duty is the third cause specified in the New York law. (566, 10 Lea 219) Tardiness is sufficient. (36 111 7 1, 93 111 A 499) Cruelty is ample cause. As to where the line is drawn between cruelty and a justifiable maintenance of authority, see what is said of corporal punishment. For inflicting unjustifiably severe punishment upon pupils for comparatively slight offences, the teacher should be discharged as either incompetent to fulfil his duties properly as a teacher, or as wilfully regardless of them. (D 1793,3863) Insubordination is sufficient cause. (17 111 A 386) The board of education of the village of Millport appealed to the Department to remove Principal Harris Wickham for insubordination, specifying that he began school contrary to their directions, refused to permit them to clean the building, undertook to have the members arrested when they tried to clean or repair the building, refused to meet the board for the transaction of business, exchanged text-books against their wishes, received non-resident pupils without their know- ledge, and was inefficient in discipline. Mr. Wickham made no reply to these charges, but claimed that the Department could not remove him except by revoking his license to teach. In this he is sustained. The charge is not of immoral conduct 134 Trustees : Dismissing Teachers [Part I or of mental incapacity. // the charges are true the board might remove him for insubordination, in which case he would have the right to appeal, that the truth or falsity of the charges might be established. (D 3565) If this charge involves a question of veracity, the burden of proof is on the trustees. Thus where Sup't Sheldon J. Pardee of Long Island City swore to one thing and Principal Peter E. Demarest to the opposite, the state superintendent preferred to take Mr. Demarest's word, as appears in the following decision : "The respondent's charge of insubordination seems to be based upon the allegation contained in the affidavit of Mr. Pardee that the appellant did not recognize the authority of Pardee as superintendent of schools, or to read the resolution passed by respondents on January 24, 1893, hereinbefore mentioned. Pardee avers a copy was given to the appellant and the appellant avers it was not delivered to him. The affirmative is upon the respondents to establish the allegation of Pardee, and in this the respondents have failed." (D 4195) Bribery or agency is in many states a specified cause. Teachers are forbidden to have any pecuniary interest, directly or indirectly, in supplying books, maps, school furniture, and apparatus to the schools of the State, or to act as agent for any author, publisher, bookseller, or dealer in any such school furniture or apparatus, or directly or indirectly receive any gift, emolument, reward or promise of reward, for his influence in recommending or procuring the use of any book, map or school apparatus, or furniture of any kind in any public school of this state. The Tenn. law requires that any teacher who shall violate this provision, besides being removed from his post, shall be subject to a penalty of not less than $200 nor more than $500 and shall be guilty of misdemeanor. New York places a similar restriction upon school com- missioners, and upon school officers. (315) Va. makes a special concession to authors: "Exceptions to the requirements of this section may be made by the board District] Sufficient Cause 135 of education, in the case of a school officer being the author of school books or maps, or the inventor of school furniture or apparatus, in which case the board of education may, at its discretion, make specific arrangements whereby such school officer may, if his book or invention be adopted by proper authority, enjoy the profit of the proceedings thereof without offence: provided, that no unfair advantage be allowed over other competitors in securing the adoption of the book or invention." The Tenn. law of 1899 permits school officers to act as agents for their own publications. In some cities of New York, like New York, Buffalo, and Syracuse, where text-books written by the superintendent are used in the schools of the city, the copyright received by them is turned over to the city. Closing school without consent of the trustees, even for a single school day is sufficient cause. (D 3782,88111563) (88 111 563, 42 Ind 200, 53 la 187. 46 la 1053, 48 la 82, 16 Me 184. 6 Neb 167.41 NJL312) Of course a teacher must do his teaching in the schoolhouse. (30 Me 641) Consent of the trustees must be official, at a meet- ing regularly called. (D 1751, 3 Tenn 175) The trustees are to provide the substitute. The teacher can furnish substitute only by permission of the trustees. (D 4003, 88 111 563) The substitute must be licensed (see page 80) ; and some states require that the license should be of the same grade as that of the absent teacher. Even if the schoolhouse is locked against him. if the teacher goes away without applying to the trustees for admission, he abandons his contract. 136 Trustees : Dismissing Teachers [Part I He must make every reasonable effort to continue the school. A teacher voluntarily giving up the school, even at the request of the trustees, can recover only for the time actually taught. (24 Me Ap 250) On the other hand, a teacher dismissed for cause who took forcible possession of the schoolhouse and continued to teach could not recover wages. (61 Ga 477) If he abandons his contract vv^ithout justifiable reason, he cannot recover for time already taught. (27 Vt 646, 29 Vt 219) Compare page 123. But if he is obliged to give up the school because not sustained by the trustees in the enforcement of reasonable rules, he is entitled to pay for the time taught, and if the failure is plainly no fault of his, for the full term. (See page 132 55 Mo 149, 46 Vt 452, 47 Vt 381) A teacher employed for 9 months, but not teaching the last month through neglect of the trustees is entitled to pay for that month also. (13 Neb 52, 19 Neb 254) A teacher who was hired for 3 months had taught 6 weeks. The district became dissatisfied, only one or two scholars attended, the stove-legs and pipe were carried from the school-room, and the teacher had to close school. By the request of the committee, he held himself ready to complete the term, but the committee did not put the building in order. He recovered wages for the full term. (67 111 511) Temporary illness, however, is not good ground for dismissal. The English view is even that salary may be drawn for the time of absence. "Of course a headmaster may dismiss his assistant with due notice on the assistant falling ill; but the illness is not sufficient cause for summary dismissal, unless it is likely to disable him permanently, or for a long time, from doing his duties. If the assistant is obliged, because of illness, to be absent from his duties at any time District] In case of Sickness 137 and then returns again to them on recovery, he has a right to his salary /or the time he was laid by, as the contract between him and his employer has not been rescinded, and has, therefore, been in force all the time. (28 L J Q 25) In American public schools, the teacher absent through sickness or other cause is expected to pay the wages of the substitute. The pension law (see page 138) also makes provision for substitutes. If the illness is continued it may be necessary to hire another teacher. In Clinton county circuit court, Ind., 1901, Miss Burke, teacher of Center school, was taken ill. The trustee hired another teacher. Held that she abrogated her contract. Mere dissatisfaction of pupils and parents is not, in most states, cause for dismissal. (28 Vt 575) Where the contract read "that she should leave if the school was not satisfactory." held that the provision was valid, but the dissatisfaction must be that of the district and not of the prudential committee. The school might be useful even though two men were dissatisfied but not if a majority of the patrons were dissatisfied. (38 Vt 602) The fact that parents do not send their children to school does not of itself affect the teacher's right to compensation. (36 111 Ap 653, 20 Vt 487) In R. I. the trustees may suspend the school whenever the average attendance falls below 5; in La. and Md., whenever the average attendance in any school for any two consecutive terms is less than 10 pupils; and in Ky. when the trustees ascertain that the average daily attendance for 20 consecu- tive days has been less than 25 per cent of the total number of children of school age in the district, they may, with the consent of the county superintendent, dismiss the teacher and employ another to complete the term, unless they are satisfied that the decreased attendance was due to such natural causes as high water, extremely inclement weather, epidemics, or unusual sickness in the district. 138 Trustees : Dismissing Teachers [Part I It has been held that on payment of damages a teacher may be discharged, even without adequate cause. Michael E. Devlin had been principal of No. 1, Westchester, since 1881, his recent salary being $2,100. On August 7, 1887, the board of education by a vote of 5 to 4 voted to employ Irving Washburn at a salary of $1,800. This created much feeling in the district, and the annual meeting on August 28 was largely attended. The new members of the board were those known to be in favor of Mr. Devlin, and the meet- ing instructed the board to re-employ Mr. Devlin, and raised $2, 100 additional to the original estimates for his .salary, assuming that Mr. Washburn must be paid the salary the old board had agreed to pay him. Held, that while the meeting had no right to dicate to the board whom they should hire, it had a right to raise the $2,100, and the board had the right to engage Mr. Devlin, and to pay Mr. Washburn $1,800 as dam- ages in full. (D 3722, 57 Hun 33) Pensions may be granted in New York to teachers who have been 25 years in continuous service in the schools of any town, in which cause the teacher is retired from teaching. (559-61) New York and some other cities have special pension-laws of their own. New Jersey has a compulsory pension law, under which all teachers must contribute 2% of their sal- aries to a pension fund. Vermont has a similar law requiring 1%. Compare page 117. When trustees have discharged a teacher, they are sometimes asked why, especially by trustees of other schools for which the teacher has made application. In such cases, the reply is privileged, and if made in good faith an action for slander or libel will not stand. District] Giving Reasons is Privileged 139 A letter from an inhabitant of the district to the trustees complaining of the teacher is privileged, if written with an honest purpose and for the public good. (Tounshend on Slander and Ltbel, pp. 385, 399; but see 272. See Nolan vs. Kane, Legal News, Mch. 27, 1897. 21 So. R. 593, 60 S W 108) The English law holds good in this country and is thus stated: "A head-master is not bound to give any character or testimonial to his assistant ; but, when he does give one, all statements made therein are privileged, and no action for libel can be brought on them, provided they be made bona- fide. This privilege exists because of the duty thrown upon every person by the convenience of society to state fairly all he knows either for or against a former servant which would be likely to influence another person, who contemplates engaging that servant, in deciding upon the fitness of the servant for the purpose for which he requires him. If, then, in accordance with this duty, a head-master states what he honestly believes to be the truth, about his assistant, the law will protect him from any penalties for so doing, even if the things stated are, in fact, untrue. But if he deliberately makes a statement which he knows to be false, and gives his assistant a bad character which he knows he does not deserve, the head-master is not acting in accordance with his duty, and lays himself open to an action for libel at the suit of the injured assistant. Malice being proved destroys the privilege which otherwise would exist, and any deliberate and intention- al false statement, or any statement made recklessly, without knowing whether it be true or false, is evidence of malice. If a head-master give his assistant a good character, by means of which he gains another situation, and the head-master subsequently finds out that he was mistaken in giving such a character, and informs his former assistant's new employer of the mistake, this information will be privileged ; and indeed it is^the duty of the head-master to correct his mistake. (18 l'j Q B, 334) When, however, a head-master hears that a former assistant is about to be appointed to a new post, it is not his duty to 140 Trustees : Dismissing Teachers [Part I volunteer information as to such assistant's character, and it is much safer for him to wait until asked before making any statement. Eagerness to prevent a former servant obtaining another place has the appearance of malice, and if it were found that I wrote systematically to every one to whom the plaintiff applied for work, the jury would probably give damages against me. On the other hand, if a person into who^e service he was about to enter was an intimate friend or a relation of mine, and there was no other evidence of malice except that I volunteered the information, the occasion would still be privileged. — Odgers on Slander and Libel, p. 202. In case of a dismissal for gross immorality, however, it is unquestionably the duty as well as the right of the trustees to make known the fact to any school likely to engage the discharged teacher. Mary Moberly, teacher inGasport, Ind.,when she received her money from the treasurer, James R. Henry, objected to the amount, which was less than that paid the other teachers. Mr. Henry made written protest to the board against her re- employment but she was re-engaged. She sued for libel, but could not recover, as it was a privileged communication, and did not damage her, because it did not prevent her re- employment by those to whom it was read. (Ind A, 1898) When a superintendent makes report to the board concern- ing a teacher, it is not necessary to prove that the charges were true, but it is necessary to prove that he thought they were true. (70 At 1036, 15 Conn 74, 67 Conn 504) On Oct. 5, 1900, Principal Lyman O. Best of Brooklyn reported that Emma Walker, a teacher in his school, was careless in blackboard work, and on March 30, 1901, Sup't Maxwell wrote a letter in which he stated that he never had any doubt Mr. Best's estimate of her was pretty nearly cor- rect. She sued both for libel. The supreme court found in favor of Mr. Best but against Sup't Maxwell in considerable damages and the case was appealed. District] Giving Reasons is Privileged 141 The appellate division ruled unanimously that both reports were privileged. Judge Hirschberg said: "Where writings are not libelous in themselves, there can be no recovery at all unless pecuniary injury has been sustained by reason of the publication, and there can be no recovery of punitive damages in the absence of exoress malice; that is, malice in fact as distinguished from malice implied. "I think that both writings were privileged ; that neither was libelous per se, and that in the absence of any claim of special injury, the complaint should have been dismissed as to both defendants. It was clearly the duty of the defendant Best, as principal of the school in which the plaintiff teaches, to note and to record her work and his opinions of her capacity and skill, and no offence attaches to an unfavorable expression which is believed to be truthful and honest. Moreover, the charge of carelessness is not libelous, as might be a charge of unskilfulness or general incapacity. History furnished many instances of genius wasted by a life of carelessness and in- difference. The plaintiff is not necessarily injured in her profession by a charge of carelessness in the performance of a particular branch of her work. * * * "The r2lation of the parties to the subject matter of the correspondence invests the communication with a privileged character. It is not shown to be untruthful in any respect, or to have been written in bad faith or from unworthy motives. On its face it is only a qualified approval of the approximate correctness of Mr. Best's report, and the plaintiff admits through her counsel on the argument that it would not be regarded as libelous, but for the assertion of the writer that he had known her for some years. "The general principle of privilege applies." A teacher who feels himself unjustly treated in being discharged has the option of two methods of redress: appeal to the courts, or appeal to the com- missioner of education. 142 Trustees : Dismissing Teachers [Part I This applies also to withholding and to annulling a certifi- cate, pages 85, 90, and to any other dissension that may arise between the teacher and the trustees or other school- officers. He may apply to the courts for a writing of mandamus, to compel re-instatement (33 Conn 298) ; or may hold himself ready to perform his part of the contract, and when the time has expired may sue for his wages. (3 Demo 175, 19 Hun 109, 6.3 Hun 389, 2 III A 458, 17 111 A 347, 23 111 A 367, 11 Ind 210, 93 Ind 292, 111 Ind 472. 53 la 187, 56 la 331, 65 la 209, 72 la 379, 86 Ky 485, 40 Mo A 507 50 Neb 171, 69 N W 772, 38 N Y 58, 2 R I 120, 2 Wend 287, 11 Wend 90) Some decisions declare mandamus to be the proper remedy. A teacher, removed by the board of education in a manner not provided by law, may by mandamus compel recognition and permission to perform her duties as a teacher. The intention of the law-making power to retain teachers in schools, unless removed in the manner provided by statute, would render null and void any by-law of the board of education or any rule of government by which the school officers without the removal required, could dispense with the teacher. (43 Hun 537, 57 Hun 33) In Ind. there is no appeal from the action of the trustees in dismissing a teacher. See also page 125. (42 Ind 200) It was decided May 7, 1898, in the supreme court of Miss- issippi, that when a teacher holding a state first-grade license covering the proposed term of employment was elected by the trustees of a school, and the county superintendent re- fused to employ him, holding that he had the right so to refuse, that while the superintendent may remove or suspend a teacher for causes prescribed by the statute, he can do so only in strict accordance with the statute. The teacher had a valuable right under the license, the loss of which could not be compensated by damages ; and hence the possession of the license would entitle him to a mandamus to compel the county District] The Teacher's Remedy 143 superintendent to employ him. The license gives the holder a right to teach until he is removed on statutory grounds. Other decisions declare that the proper action is suit for damages. A principal of a high school is a mere employee, and not an officer of the district, and has no official relations to it. Where he has a valid contract with the high school board, and the latter violates its contract duties, as by installing another principal in his place, his remedy is the very plain and common one that any party has against one with whom he has made a contract which such other neglects or refuses to perform, namely, an action for the recovery of such damages as he has sustained in consequence of such neglect or refusal. Having, therefore, a plain and adequate remedy by action at law, the courts will refuse to interfere by the exercise of their extraordinary jurisdiction by mandamus, to compel his reinstatement as principal of the high school. And even if it could be maintained that the position of teacher is an office, or a right to a place, so as to constitute a franchise, position, or privilege, so that mandamus could be maintained, still, the court holds, a proceeding by mandamus would not be the proper action in which to test the question of his title, where it appeared that there was a person other than the relator of claimant in the place or position in question, who was occupying it under a claim of right or title, — a de facto incumbent, for instance, under a contract of subse- quent date. (fr6NW351) Of course no action can be maintained against the trustees personally for removing a teacher unless malice can be shown. (64 Atl 330, 3 Hun 177, 57 Hun 33, 17 111 A 347, 42 Ind 200, 21 la 590, 26 Ohio 421, 22 Pa 1040, 36 Pa 315, 49 Pa St 151) Instead of resorting to the courts the teacher may- appeal to the commissioner of education either to reinstate him, or to direct the trustees to pay him his wages. (34 How Pr 336, 18 N Y 272, 11 Wend 90) 144 Trustees : Dismissing Teachers [Part I This appeal may be made, even after the teacher has been non-suited in the courts. (19 Hun 609) The appeal may be made in cities, as well as in rural dis- tricts. (D 3864, 4195) Where there is a state board of education there is usually an appeal to it from a decision of the state superintendent. In some states appeals must be made first to the county superintendent (45 N J 100) ; in Ga. to the county board of education. In Texas it is held that in case of dismissal unless the teach- er avails himself of the right of appeal to the county and state superintendent, but instead asks the court for mandamus he has no cause of action. (38 S W 1110) In New Jersey a dismissed teacher may not appeal to the courts. He appeals to the county superintendent, from whom appeal may be made to the state superintendent, and from the state superintendent to the state board of educa- tion. (48 Atl 556) It is a rule of the commissioner of education that all acts and proceedings will be regarded as regular unless appealed from. The bringing of appeals for light and trifling causes will be discouraged. If vague or uncertain in statement or illegible and unintelligible, appeals will be disregarded. (D 3754) The commissioner will not assume jurisdiction of cases in the nature of a prosecution for the recovery of a fine or penalty; nor will he undertake to settle disputes as to con- tracts and other matters involving money, where the issue depends upon the truth of diverse statements and should be settled by the courts (D 1978, 27 N E 968); or where the amount involved is indeterminate, as where the contract has not been entered upon (D 3768, 3797, 4744, 4784) ; or to enforce the payment of money where a decision has been rendered, which should be left to the regular legal authorities. A teacher who has taught two years and claims reengage- ment for the third but was not allowed to enter upon it, must District] Collecting Damages 145 appeal to the courts. His damages, if any, are unliquidated, and it is not for the state superintendent to measure them. (4724) But a teacher in the State of New York, who promptly and clearly presents to the commissioner of education evidence of unjust treatment by any school officers in the discharge of his duties under the school law, may be assured that the case will be thoroughly and impartially investigated, and a de- cision rendered with no expense to him, from which no appeal can be taken to any court of law. See pages 146, 7. After being dismissed the teacher can draw no further pay. If a teacher succeeds in his appeal, he may receive wages for the whole time for which he was employed. (D 4294) (86 111 595. 2 111 A 458. 50 Neb 171. 21 S W 1060. 69 S W 772. 51 Wis 554. But see 6 Cen Rep 923) But only for the difference between the stipulated wages, and what he earned or might have earned at a similar employment in his own vicinity during the time covered by the contract. Greenleaf on Evidence, ii. Sec. 161 a: C kitty on Contracts, 11th Am. ed., ii, 855, note. (15 Colo 367, 36 111 A 653, 21 SW 1060) The burden of proving that the teacher could have secured other employment is upon the trustees. (23 111 A 367, 36 111 A 133, BOPac 1100) As in other cases, the damages which can be recovered should be such as follow in the natural course from the wrongful act, and ought to be measured so as to put the plaintiff pecuniarily in the same position as he would have been if he had been dismissed rightly. He is not necessarily entitled, as was once thought, to his full salary for the unexpir- ed time of his service according to the contract ; he must not sit still and do nothing, but should use all reasonable exer- tions to get a new situation, and should accept of such suitable 146 Trustees : Dismissing Teachers [Part I employment as may offer itself. If he get a new situation without much delay, the damages will be reduced according to its value ; but whatever the value of the new situation may be, the plaintiff is always entitled to some damages for the wrong done him by the breach of contract. If a master be engaged for a certain definite time, and he is dismissed wrong- fully before the end of that time, he can sue at once, and need not wait until the time has expired. * * * If, there- fore, an action is brought for wrongful dismissal, and the contract was for service for a fixed time, which has not expired, the jury should estimate the probability of the plaintiff obtaining other employment, and deduct the value of such employment from the salary the plaintiff" would have received, if he had continued in the service to the end of the agreed time. ( 14 L T N S 863) The rules applicable to ordinary contracts of employment as to measure of damages obtain in cases of breach of contract to teachers in public schools. (117 N W 983) A celebrated case in New York illustrates this principle. On June 28, 1880, Neil Gilmour, then superintendent of pub- lic instruction, demanded the peremptory resignation of James H. Hoose, principal of the Cortland State normal school and on July 12 "withdraw his approval" of his ap- pointment. On July 24 he appointed James M. Cassety principal of the school. The local board refused to recognize the appointment, and on Sept. 1 opened the school under Dr. Hoose, six of the teachers appearing on the platform, while the other six obeyed the state superintendent. On Oct. 26 Mr. Gilmour applied for a mandamus, which was granted; and on Feb. 15, 1881, the school was opened under Mr. Cassety. On Feb. 22, the local board appealed to the general term, which on Sept. 20, 1881, affirmed the decision of the court below. The local board then carried the case to the court of appeals, which on April 18, 1882, decided in favor of the local board. Whereupon Dr. Hoose once more took charge of the school, his six teachers returning with him. —S.B.vui. 119. District] The Teacher's Remedy 147 The governor vetoed the item in the supply bill to pay the salaries of Dr. Hoose and his teachers for the time they were kept out of the school, on the ground that the state should not pay twice for the same work; but on Jan. 22, 1884, the court of claims awarded Dr. Hoose for himself, and for his assistants who had assigned their claims to him, the sum of $12,551.25 and interest from April 26, 1882, including$3, 187.50 for his own salary. From this last item $1,493.43 was de- ducted, being the amount he had received from the city of Binghamton where he had served as superintendent a part of the interim. Dr. Stowell, teacher of sciences, who had not engaged in teaching elsewhere, received the full salary for the time, $2,167.50. On May 24, 1884, Gov. Cleveland affixed his signature to a bill paying this award. CHAPTER XI Trustee and Teacher 10. (a) To establish rules for the government and discipline of the schools in their respective districts. (195,229) (35 Neb 1, 75 Neb 188, 52 N W 710, 77 N W 662, 13 111 A 520. 17 111 A 386, €3 111 A 357, 87 111 303, 95 111 263) The original authority to make rules and regulations lies in the trustees. The regulations of the school are implicitly a part of the teacher's contract. (45 Pac 119) (13 Ab Pr 159, 12 Allen 127, 2 Cush 198, 5 Gush 198, 8 Cush 160, 31 la 562, 38 Me 376, 105 Mass 475, 71 Mo 628, 23 Ohio 211, 29 Ohio 89, 23 Pick 224, 48 Vt 444, 473, 35 Wis 59, 45 Wis 150) For a teacher to refuse to obey official rules would be insubordination, and warrant his discharge. See page 133. Ky. requires the trustees to meet at the schoolhouse on the day of opening school, and at least one month thereafter during the opening session. Mont, requires every one of the trustees to visit the school at least once in each term, and inquire into its management, condition, and wants. In Tenn., where a teacher suspended a pupil for using tobacco, in violation of a rule made by the teacher which the trustees objected to, the trustees were upheld in dis- charging the teacher. (5 Lea 525) The school commissioner, or county superintendent, is to recommend to trustees and teachers the proper rules and regulations. (313) (148) District] Methods Lie with the Teacher 149 Outside and beyond the rules officially adopted by the trustees, the power lies with the teacher. The trustees formulate the general principles for the management of the school; the practical application of these principles is confided to the teacher. (53 Conn 481. 82 Ind 286, 105 Mass 475, 116 Mass 366, 85 Mo 485, 19 N H 170) The rules must be officially adopted at a regular meeting, and recorded in the minutes. (D 4294, 2523) There have been decisions to the contrary (69 Ind 295, 105 Mass 475, 116 Mass 366, 59 N H 473, 45 Wis 150), but the preponderance of authority is decidedly toward requiring official action as stated. The trustees have authority only as a board of trustees — not individually. (41 Conn 442. 27 Me 266, 105 Mass 475. Ill Mass 499. 6 Neb 167,27 Vt 755) Of course a sole trustee may act at any time. The board has power to make all needful rules and regula- tions for the organization, gradation and government of the school, and to suspend any pupil for non-compliance with reasonable rules established by it, or by the teacher with its consent (35 Wis 59, 45 Wis 150). But in matters of this kind the board will, in the main, be guided by the advice of the teacher. While the teacher is subordinate to, and must execute the orders of the board, he is responsible for the conduct, discipline and progress of his pupils, and should, generally, be allowed to decide as to the means and methods of discharging this responsibility. It has been repeatedly held that the teacher is not a public officer. (49 Neb 755, 69 N W 114. But see 9 Neb 53, 2 N W 235. "he being a de facto officer" .) 150 Trustee and Teacher [Part I But he does not derive his authority from the parents. He holds a position created by the law. He is legally responsible only to the trustees who hire him. Between the teacher and the child the parent can personally interfere only by removing the child from the !^chool. (14 Barb 221, 38 Me 376, 29 Ohio 89, 32 Vt 224, 45 Wis 150) An illustration will make this point clear. Congress establit.1 es by law the rates of postage, and the classification of mail matter: but a New York senator would not think of entering the Albany postoffice aiid directing the postmaster hereafter to charge 3 cents for letter-postage, or to charge letter- postage on periodicals; he would not even assume to dictate to the postmaster whether a new periodical should be received at newspaper rates, or to give directions as to the internal management of the postoffice. His power is only as a member of congress and in the halls of congress; as an individual he has no more authority in the postoffice than any other individual. On the other hand, the postmaster-general has entire power to enter any postoffice either personally or by messenger, and make any investigation desired into the methods employed. It is his duty to give the general directions under which postoflices should be conducted, and any specific directions that a particular postoffice requires. He determines the classification of mail matter, and in general is en- trusted with the details of carrying out the laws established by congress. District] Superintendent and Principal 151 The superintendent of schools in a village oi city occupies the same relation to the teachers of the village or city that the postmaster-general does toward the postmasters. He is the executive officer of the board of education, and is authorized to rep- resent them in matters of detail as regards the man- agement and discipline of the school, the course of study, and the methods of teaching. He may take the place of a teacher at any time, may direct what shall be taught, and how and when it shall be taught, and may usually transfer teachers from one depart- ment to another as the needs of the school require. In some cities, like Cleveland he has been entrusted with entire authority to engage and discharge teachers, and to be the head of the body of which they are the members, with full power of direction. The principal of the school occupies towards his subordinate teachers much of the relation of super- intendent, and in villages where there is no super- intendent, he practically fills that place, as does the teacher of a district school. Hence in many schools the rules and regulations are made by the principal and are otten endorsed only tacitly by the trustees. Regarding the powers of a teacher to act in absence of authority regularly conferred by a school board, Judge Lyons, of the Supreme Court of Wisconsin, said: "While the teach- er or principal in charge of a public school is subordinate to the school board or board of education of his district or city, and must enforce rules and regulations adopted by the board for the government of the school, and execute all its lawful orders in that behalf, he does not derive all his poiver and authority in the school and over his pupils front the affirmative 152 Trustee and Teacher [Part I action of the board. He stands, for the time being in loco parentis to his pupils, and, because of that relation, he must necessarily exercise authority over them in many things concerning which the board may have remained silent. In the school, as in the family, there exists on the part of the pupils the obligations of obedience to lawful commands, sub- ordination, civil deportment, respects for the rights of other pupils, and fidelity to duty. These obligations are inherent in any school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been re- enacted by the district board in the form of written rules and regulations. Indeed, it would seem impossible to frame rules which would cover all cases of vicious tendency which the teacher is liable to encounter daily and hourly. (45 Wis 150. See 105 Mass 475, 35 Neb 1, 19 N H 170, 52 N W 710, 116 N W 235) The teacher's place and authority cannot be taken, except by his permission, by the trustee or even by the school commissioner or the county superintendent (41 Conn 442, 27 Vt 755) Horace Mann, considered the school committee in higher authority, saying: "During the period of visitation the committee have the entire control of the school. For the time being it is their school, and the teacher is their servant. They may decide what classes shall be called upon to perform exercises, and in what studies. They may direct the teacher to conduct the examination, or may conduct it wholly them- selves, or they may combine both methods. In fine they may dismiss the teacher for the hour, and piirsue the examination in his absence. * * * Should any scholar misbehave himself, or prove refractory or contumacious to the committee, while they are engaged in examining the school, it is presumed they have an authority to suspend, to expel, or to punish on the spot, in the same way that the teacher may do in case of like misconduct committed against himself. — 38th Mass. Report, p. 150. District] The Teacher's Prerogative 153 The law of to-day has been admirably stated in a decision of the New York Education depart- ment. Boards of education of union free school districts are bodies corporate, and must act as a board in making rules and regulations relative to the discipline and government of the schools under their charge; in prescribing the studies to be taught; in grading and classifying the schools and regulating the admission of pupils therein, and in the general manage- ment and superintendence of said schools. The rules and regulations of the board relative to matters upon which, under the school law, they are authorized to act should be adopted by the board of sessions of the board, and copies of the rules and regulations should be given to the teachers. Individual members of the board have no authority to make rules, nor to give orders to teachers. Under the school law, the method of imparting instruction belongs exclusively to the teachers. The teachers assign seats to the scholars, regulate the order in which recitations of classes, pursuing the different studies taught in the school, are to be held, and conduct such recitations. A visit- ing committee of a board, visiting a school, has no authority to interfere with the methods of instruction pursued by the teachers, nor to give orders to the teacher, nor to interfere in the recitations or assume to conduct such recitations, nor to conduct examinations on their own account, without advising with the teachers, nor to interfere with the seating of the pupils. Such committee should visit the school at such times as it shall deem necessary and proper, and watch carefully the methods pursued by the teacher, the government and discipline of the school, whether or not the teacher maintains good order and discipline, etc., etc., and report the facts relative to such matters to the board. If, in the opinion of the board, the condition of the school is such that, in its judgment, it is not for the best educational interest of the school, then it should call the attention of the teachers thereto. No mem- bers of a visiting committee or the board should criticize or reprimand a teacher in the presence of the school or any pupil 154 Trustee and Teacher [Part I attending the same, as such a course will be in the highest degree detrimental to the best educational interests of the same. (D 4294) So in Minn, the authority of the trustees over the interior management of the schools is entirely advisory in its character. The responsibility for the correct government and discipline of the school, as well as the adoption of such methods of teaching as seem best calculated to promote the advancement of the scholars in their several branches of study, rests solely with the teacher. Of course there ought to be and always will be a mutual interchange of views, and a cordial co-opera- tion between teachers and trustees in all these matters, when- ever a regard is had to the important interests intrusted to their charge. In the school-room the teacher has exclusive con- trol and supervision of his pupils, subject only to such regulations and directions as may be prescribed or given by the trustees. The schoolhouse is the schoolmaster's castle. Upon this point the following forcible statement is fully warranted: "This old maxim of English law (5 Rep. 92) is as applicable to the schoolmaster as to any other person who is in the lawful possession of a house. It is true that the school-officers, as such, have certain rights in the schoolhouse ; but the law will not allow even them to interfere with the teacher while he keeps strictly within the line of his duty. Having been legally put in possession, he can hold it for the purposes and the time agreed upon ; and no parent, not even the governor of the state, nor the president of the United States, has any right to enter it and disturb him in the lawful performance of his duties. If persons do so enter, he should order them out ; and if they do not go, on being requested to do so, he may use such force as it necessary to eject them. And if he find that he is unable to put them out himself, he may call on others to assist him, and if no more force is employed than is actually necessary to remove the intruder, the law will justify the District] Disturbance by Parents 155 teacher's acts and the acts of those who assisted hiin." See Wharton's Am. Criminal Law, 1256. (5 Barb 608, 1 City Hall R 55, 27 Me 266, 2 Metcalf 23, 59 Pa St 266, 2 Selk641,8TLR78, 299) The teacher's best defence against querulous or insulting visits of parents to the school-room was found in that provision formerly a part of the New York statute, which read thus : Any person who shall wilfully disturb, interrupt, or disquiet any district school * * * shall forfeit $25 for the benefit of the school district. It shall be the duty of the trustees of the district, or the teacher of the school, and he shall have the power to enter a complaint against such offender before any justice of the peace of the county. * * * The magistrate * * * shall thereupon * * * cause the person to be arrested and brought before him for trial. This provision was omitted from the consolidated laws of 1894 and 1909, but is perhaps covered by- Sec. 1470 of the Penal law (88:1909): A person who without authority of law wilfully disturbs any assembly or meeting, not unlawful in its character, is guilty of a misdemeanor. Even when a private school or a singing school is taught in the district schoolhouse, a person can be punished for dis- turbing it. The same is true of a singing school. (35 Me 195, 26 Conn 607) The R. I. law reminds the teacher that while the law holds him responsible for his acts in the school-room, it also protects him while therein employed from all external or unofficial interference. No private person has any right, in any cir- cumstances, to enter a school-room in school hours to make any complaint or to disturb the school in any way. The stat- ute law provides a specific penalty for such an offence. 156 Trustee and Teacher [Part I In Cal. and Wash, any parent, guardian, or any other person who shall insult or abuse any teacher in the presence of the school is guilty of a misdemeanor, and liable to a fine of not less than $10 nor exceeding $100 Ariz, makes the limits $50 and $100, with an alternative of imprisonment for 3 months. In Wy. any person who uses insulting and abusive language toward any teacher in or about any public schoolhouse, or who wilfully disturbs any public school or district meeting, is deemed guilty of a misdemeanor, and upon conviction, must be fined in any sum not less than $5, and not exceeding $100. Nearly every other state has a similar provision in the school law. Yet it must -never be forgotten that in regard to the general regulations, the course of study, the adoption of text-hooks, and the expulsion of pupils, the action of the teacher has no legal force until formally endorsed by the trustees. (35 Wis 59, 45 Wis 150) However unbounded the confidence placed in him, a wise teacher will secure the sanction of the trustees before he announces his own course as to these questions. These topics will be considered in separate chap- ters. But we must first consider how far the author- ity of the trustee and of the teacher extends. CHAPTER XII Trustees: Extent of Authority The conduct of the pupils upon any part of the premises connected with the schoolhouse or in the immediate vicinity of it (the pupils being thus virtually under the care and oversight of the teacher), as on the playground whether within the regular school hours or before or after them, is properly cognizable by the teacher. Any disturbance made by them with- in this range, injuriously affecting in any way the interests of the school, may clearly be the subject of rules by the trustees, and of reproof and correction by the teacher. Commissioner Draper has held that pupils may leave the grounds during noon recess by consent of their parents. (D 3698) In regard to what transpires by the way in going to and returning from school, the authority of the teacher is in most states except New York regarded as con- current with that of the parent. (30 la 429, 31 la 562, 66 Mo 286, 85 Mo 485, 116 N W 232, 4 S W 122, 23 Tex 386, 32 Vt 120) There is abundant authority that the trustees or the teacher may make rules to govern the conduct of pupils after school hours, and punish a violation thereof by suspension. (116 N W 235, citing 55 Am Rep 387, 59 Am Rep 776, 129 la 441, 3 L R A N. S. 496, 62 L R A 160, 7 L R A N. S. 352, 132 Mich 13, 85 Mo 485, 92 N W 495, 105 N W 686, 86 Pac 642, 5 S W 122, 23 Tex Ap 386, 43 Wash 441) (157) 158 Trustees : Extent of Authority [Part I So far as offences are concerned for which the pupils commit- ting them would be answerable to the laws, such as larceny, trespasses, etc., which come particularly within the category of crimes against the state, it is the wisest course generally for the teacher (whatever be his legal power*), to let the offen- der pass into the hands of judicial or parental authority, and thus avoid being involved in controversies with parents and others, and exposing himself to the liability of being harassed by prosecution at law. But as to any misdemeanors of which the pupils are guilty in passing from the schoolhouse to their homes, which directly and injuriously affect the good order and government of the school, and the right training of scholars, such as truancy, wilful tardiness, quarrelling with other children, the use of indecent and profane language, etc., there can be no doubt that these come within the jurisdiction of the teacher, and are properly matters for discipline in the school. A famous decision of the supreme court of Vermont (32 Vt 1 14) illustrates and fully accords with the foregoing positions. The courts decided that such misdemeanors have a direct and immediate tendency to injure the school by subverting the teacher's authority, and begetting disorder and insubordi- nation among the pupils. The same doctrine is substantially recognized by the supreme court in some other states. * * * The governing principle in all cases like the Vermont case is, that whatever in the misconduct of pupils under like circum- stances, as to time and place, etc., has a direct tendency to injure the school in its important interests, is properly a subject of discipline in the school. It is sometimes objected to the foregoing views that the re- sponsibilities of teachers are in this way enlarged to an improper extent ; that if their authority extends beyond the schoolhouse limits and the school hours, their responsibilities must be increased in a corresponding ratio. But to this it may be answered, that the matter is to have a reasonable con- struction; that it cannot be expected that a teacher will *The teacher cannot punish a pupil for refusing to confess a crime for which he might be punished at law. — Public School Acts of Rhode Island, 1857, p. 53') District] Outside School Grounds 159 follow his pupils into the streets to watch their conduct when beyond his view and inspection; the extent of his duty in this respect can be only to take cognizance of such misconduct of his pupils, under the supposed circumstances, as may come to his knowledge incidentally, either through his own obser- vation or other proper means of information. The English High court decided in 1905 that a boy guilty of improper conduct on the way home is liable to punishment by the teacher. Many states recognize this principle in their statutes. (31 la 512, 129 la 996, S.5 Ma 485, 32 Vt 114) In Mass. while the pupils are on their way to and from school, the authority of the teacher may be considered as concurrent with that of the parent or guardian. If the pupils in coming to school, or in going from it to their homes commit an offence against the civil laws, it will be well to leave the ofifenders in the hands of judicial or parental author- ity. But if the children quarrel on their way, or are wilfully tardy, or use indecent and profane language, or in any way by their conduct injure the good order and discipline of the school, the teacher may take notice of such conduct by subjecting the offender to such wise and judicious treatment as will have a tendency to prevent a repetition of the offence. In such cases the teacher should exercise great caution not to use any doubtftd authority, or any questionable modes of correction. In the 10th Mass. Report Horace Mann thus laid down the law which may be considered as still prevailing: "On the one hand there is certainly some limit to the jurisdiction of the committee and teachers, out of school hours and out of the schoolhouse; and on the other hand, it is equally plain, if their jurisdiction does not commence until the minute for opening school has arriVfed, nor until the pupils has passed within the door of the school-room, that all the authority left to them in regard to soine of the most sacred objects for which our schools were instituted would be of little avail. To what purpose would the teacher prohibit profane or 160 Trustees : Extent of Authority [Part I obscene language among his scholars within the school-room and during school hours, if they could indulge in it with impunity and to any extent of wantonness as soon as the hour for dismissing school should arrive ? To what purpose would he forbid quarrelling and fighting among the scholars, at recess, if they could engage in single combat or marshal themselves into hostile parties for a general encounter within the precints of the schoolhouse, within the next five minutes after the schoolhouse should be closed ? And to what purpose would he repress insolence to himself, if a scholar, as soon as he has passed the threshold, might shake his fist in his teacher's face, and challenge hifn to personal combat ? These considera- tions would seem to show that there must be a portion of time, both before the school commences and after it has closed, and also a portion of space between the door of the schoolhouse and that of the parental mansion, where the jurisdiction of the parent on one side and of the committee and teachers on the oth,er is concurrent." The state sup't of N. J. says in the New York School Journal, March 3, 1900: "The school law of N. J. provides that every teacher shall have power to hold every pupil accountable in school for any disorderly conduct on the way to or from school, or on the playgrounds of the school, or during recess. So far as I know this right has never been questioned." In the case of Samuel Beatty vs. J. R. Randall, St. Louis Court of Appeals, 1899, it was held, "The jurisdiction of the schoolboard to make needful rules for the conduct of the pupils, and of the teachers to enforce such rules, is not confined to the school-room and the school premises, but ex- tends over the pupil on his road from his home to school and return." Mo. School Journal, May, 1899. It was remarked in the Ohio Sch(?ol Law for 1893 that in general the courts of the eastern states, notably the supreme court of Vermont, in their decisions sustain the authority of the teacher and the doctrine that he stands in loco parentis much more fully than do the western courts. District] Outside School Grounds 161 In 1859, a teacher in Bedford, Ind., named Ariel Flynn, punished a boy on his way home from school for an act which the teacher saw him commit at that time. The court in- structed the jury that although the defendant as a teacher was by law vested with the delegated authority to exercise control over the boy as his pupil during school hours, yet after the adjournment of his school, and after the boy had left him and was on his way home, his authority over him had terminated, and his act of administering correction under the circumstan- ces was unauthorized by law. — American Educational Monthly, ii. 297. But recently the western decisions are practically unanimous in conceding concurrent authority to the trustees. The California law of 1909 grants it. The supreme court of Mich, declared in -1902 that the principal may make a rule that children shall go directly home after the close of school. He may enter a store where children are and order them home. The court says: "It is not only the legal right but the moral duty of the school authorities to require children to go directly from school to their homes." (62 L R A 160) Judge Norton of the supreme court of Mo. said in 1902: "The effects of the scholars using to and with each other, obscene and profane language, quarrelling and fighting among themselves, would necessarily be felt in the school room." A school boy ran against a small boy on the playground and injured him, so that he had to be sent home. The offender was requested to accompany him, but refused, and was ex- pelled by order of the school board. The Mo. court of appeals ruled that the board could not be compelled by mandamus to reinstate him. 162 Trustees : Extent of Authority [Part I In New York, the decisions of the state superin- tendents have uniformly denied that the teacher has either authority or responsibility, following the pre- cedent established in the following paragraph in thr Digest of 1844: The authority of the teacher to punish his scholars extends to acts done in the school-room or playground only; and he has no legal right to punish for improper or disorderly conduct elsewhere. — Per Spencer, Sup't. Thus Sup't Gilmour ruled: "I am aware of the existence of no law under which trustees or teachers have the right to regulate the conduct of scholars out of school hours and when away from the school." Sup't Ruggles wrote Jan. 31, 1SS5: "It has been held by this Department, that a teacher's authority over pupils ceases after the close of school and when they retire from the school-grounds." — S. B. xii. 62. On the other hand, in 1882 a Buffalo principal saw two of his school-boys after school fighting outside the school premises, and sent a messenger commanding them to desist, and come to him at once. They refused, and the next day when they came to school he punished them. He was arrested for assault and battery, and brought before Justice King, who discharged him, ruling that one of the most import- ant duties of teachers is to train and qualify their pupils to become useful and law-abiding members of society; this duty cannot be effectively performed without ability to command obedience, and reform bad habits; to enable the teacher to exercise this salutary sway, he is armed with power of the parent, that is, he stands in loco parentis, and is entitled in law and in rea,son to employ the means necessary to answer the purpose for which he is employed; and, finally, that the teacher has jurisdiction over the acts of pupils com- ing to, and going from school, if those acts tend to subvert the best interests, or the character, of the school, all of which is well settled by common sense and law. — S. B. viii. 136. District] Outside School Grounds 163 In Nev. it is made a misdemeanor for any person or persons to detain, beat, whip or otherwise interfere with any pupil or pupils attending any public school in the State of Nevada, on, his, her, or their way to or from such school, against the will of such pupil or pupils. After the pupil reaches home, the rules of the school have no authority over him. (66 Mo 286) A pupil cannot be punished in school for not having done lessons at home, when forbidden by the parent to do so. "Ordinarily, an important part of a child's education is the study at home, but there the child has been punished for disobedience to an order which the master had no right to make." (13 Q B 225) Nor can a pupil be expelled for attending a social party contrary to the rules of the school. (35 Minn 309, 31 Mo 533, 66 Mo 286) In Mass., however, it was held that Charlotte A. Sherman was rightly expelled lor acts of immorality and licentiousness committed out of school. (8 Cush 160) It has been decided that a pupil could not be expelled for reflecting on the trustee in a newspaper article (30 la 429), but there are contrary rulings (53 L R A 787, 32 N E 864, 72 N E 91, citing 24 Pick 242, 245, 9 Cush 36, 42, 105 N W 686, 62 S W872). On Oct. 19, 1906, a member of the senior class of the high school at St. Croix, Wis., wrote verses which ridiculed the rules of the school, and two younger pupils who took those verses to the office of a newspaper published in the village, in which it was afterward printed, were suspended by the principal till they should apologize and pay 40 cts. each. Petition was brought to reinstate the pupils. The court ruled that the requirement of 40 cts. must not be made (56 la 476, 9 N W 356, 77 Mich 605, 43 N W 996, 6 L R A 534). But in suspending the pupils till apology was made the teachers did not abuse their discretion, but showed an earnest desire to counsel, admonish, and discipline the pupils for their own good as well as the good of the school. ( 1 16 N W 232) 164 Trustees : Extent of Authority [Part I This principle has been most frequently questioned recently in the relation of schoolboards to secret fraternities, especially when the meetings were out of school hours and oft the school premises. The officers of a university may not refuse admission to or exclude students because they are members of a secret college socity, or will not pledge themselves not to become so. (42 Am R 496, 48 Gal 36, 54 Cal 28, 71 111 383, 79 111 567, 87 111 303, 48 Ind 327, 82 Ind 278, 18 Mich 400. 7 Nev 342) Yet a rule of the Chicago board of education adverse to secret school societies is held to be neither unreasonable or unlawful (84 N E 697) . The California law of 1909 says: A board has author- ity to debar members of high school fraternities organ- ized against its will, although organized with consent of parents and outside of school hours, from partici- pating in certain privileges attendant on membership in the school, such as connection with athletic teams, musical, literary, and military societies, and customary commencement honors. (43 Wash 441 ; cf 137 111 A 187, 233 111 464) A rule of the school forbidding pupils to play football under auspices of the school is not unreasonable or in excess of the Authority of the board, although applied to conduct on holidays and away from the school grounds. (129 la 441) CHAPTER XIII Trustees: Rules and Regulations While in general the rules for any particular school will depend upon its peculiar circumstances and must be left to the local authorities, there are some kinds of rules of such universal application that usage has become fixed into law and must be followed. It has been decided by the courts that whether or not a rule is reasonable is a question of law for the court to decide and not one of fact to be determined by a jury. (63 111 350, 48 Vt 473) Any rule for the school, not interfering with the rights of children or parents, or in conflict with humanity and the precepts of Divine law, which tends to advance the object of the law in establishing public schools, must be considered reasonable and proper. (31 la 562) In 1907 the American and English Annotated Cases made this summary (vi. 998) of rules that have been held reasonable: Suspending a pupil unnecessarily absent or tardy. (31 la 562, 71 Mo 628, 48 Vt 444) Requiring tardy pupils to report to a member of the school committee. (116 Mass 366) Requiring tardy pupils to remain in the hall till the con- clusion of the opening exercises. (Ill Ind 472, 486) Requiring pupils to go directly home from school. (132 Mich 13) Prohibiting pupils from fighting and using profane lan- guage after leaving school. (85 Mo. 485) Prohibiting members of Greek fraternity from participating in debating clubs and athletic organizations of a high school. (86 Pac 642) See page 164. (165) 166 Trustees : Rules and Regulations [Part I Apportioning pupils among the schools so as to receive the benefits of proper instruction. (26 111 A 476) Requiring pupils to spend a certain period of time in the study and practice of music. (lOSIndSl) Requiring preparation of a rhetorical exercise. (29 Ohio St S9, 32 Vt 224) It summarizes these as held to be unreasonable: Barring doors against tardy children in cold weather. (63 111 353) Prohibiting children just arrived at school age from entering except during the first month of several terms. (85 111 A 92, 180 Mass 20) Prohibiting pupils under care of parents from attending parties, entertainments, etc., except by permission. (24 Mo A 309, 32 Mo A 536, 66 Mo 286) Requiring a pupil to pay for wanton destruction of school property. (9 Am St 820, 1 16 Ind 1 1, 56 la 479, 77 Mich 605) Requiring pupils large enough upon returning from play- ground each to bring in a stick of wood for the stove. (63 Wis 234) Requiring pupils to pursue the study of a certain subject against the will of the parent. (87 111 303, 50 la 145, 31 Neb 552, 35 Wis 59) The discretion of a schoolboard can not be inter- fered with as to a matter within its jurisdiction. (35 la 445, 73 la 134, 93 la 269, 124 la 355, 129 la 998) In determining whether a rule is reasonable the court must inquire whether it is calculated to promote the objects for which the school was established. (85 111 A 95, citing 79 111 567) Acts of school officers will not be reversed when substantially in accordance with the law. (50 N E 559) District] What Rules are Reasonable 167 In Somerville, Mass., a special teacher lost her pocket-book. Suspicion was directed to a pupil, who was searched, most of her clothing being removed. The pocket-book was not found, and the teachers were sued for $1,000. Judge Sherman ruled that there were but two points for the jury to pass upon : (1) was there malice on part of teachers; (2) were there suspicious circumstances warranting effort to learn whether the child had the pocket-book. The jury decided in favor of the teachers. Pupils must not be compelled to do janitor work, like building fires, or sweeping the schoolhouse. (97 111 375, 63 Wis 234) Compare pages 115, 168. In 1856, Judge Cutting of the Supreme Court of Maine decided that a boy attending school might be required by the teacher to build the fire at the schoolhouse his proportion of the time, and sustained the teacher for flogging a boy because he refused to make a fire. (A^. Y. Teacher, vi. 432) But this decision stands alone, and is not good law. — 38th Mass. Report, p. 151. A child who wantonly carries dirt into the school-room, or litters paper over the floor, may be required to gather up such refuse as has been scattered. But this is as a punishment. It may be very desirable, under certain circumstances, to have such work done to save money ; but no court will sustain a board in suspending a pupil for refusal to do the work thus required. (56 la 176) In New York the law confers upon trustees no power to inflict pecuniary fines (D 2091), even for injury to school property. (56 la 476 18 N E 266, 43 N W 996, Compare 2 111 A 584) Sup't Ruggles of New York wrote, Dec. 31, 1885, that pupils might be disciplined for refusing to make good damages to school property. — S. B. xiii. 62. Ariz, imposes a fine of 50 cts. and the cost of the book upon any one losing or destroying a library book, and a fine of 168 Trustees : Rules and Regulations [Part I not less than 10 cts. for soiling it. Maine imposes a fine of $10 upon any minor who defaces the schoolhouse or out- buildings by obscene writing or marks, and his parents may be compelled to pay double the damage. Cal., Mont., N. J., Utah, and Wash, make the parents liable for damage. Fla. imposes imprisonment not exceeding 15 days, and fine not exceeding $100 upon any one who defaces a school- building or appurtenances by obscene writing, but e-iceinpts pupils of the school from this penalty. Ariz., Cal., Mont., N. J., Ore., Utah, and Wash, make pupils who injure or deface school property subject to sus- pension or expulsion. In la. a pupil broke a window costing about $3 while play- ing ball. The parents refused payment, and the superintend- ent expelled the pupil with the ratification of the trustees, but the court held that they had no right to promulgate or enforce such rule. Judges Rothrock and Sweevers dissented and quoted from the code to sustain their dissent, but the boy was reinstated. (56 la 476) Rules may doubtless be made forbidding the use of tobacco in the schoolhouse or on the school-giounds. Ark. especially provides that the trustees may enforce a rule against the use of tobacco or whiskey, or the carrying of deadly weapons. But the teacher may not enforce such a rule against the will of the trustees. See page 156. Sup't Ruggles ruled in 1885 that a teacher had the right to forbid the use of tobacco by pupils as the school provides. — 5. B. xii. 62 Arizona provides that pupils who go to school with- out proper attention to personal cleanliness and neat apparel shall be sent home to make proper preparation, or shall be required to prepare therrselves at the schoolhouse before entering the schoolroom. District] Special Instances 169 It adds that every school-room shall be properly provided with a wash-basin, soap, and towels. If so there should be an abundance of towels. There has been wide complaint where children have been forced to use the same towel with many others, with liability to contract contagious disease. East Orange, N. J., furnishes paper towels, a fresh one for every use. Ariz, also gives power to exclude children for filthy or vicious habits. A little girl of foreign parentage in a Brooklyn school was sent home for a bath, whereupon her mother indignantly protested that the child was 'sewed up for the winter'. The teacher has no right to impose his notion of attire upon pupils. Their clothes must be whole and neat, but they need not follow any prescribed fashion. Sup't Weaver of New York decided April 6, 1874. that a child could not be expelled for wearing the hair in a way for- bidden by the teacher but approved by the mother. Left-handed children may be urged to use the right hand, but should seldom be compelled to do so. As to the right of the teacher to require left-handed chil- dren to write with their right hand, the Department will not lay down any general rule upon the subiect. If a left-handed child can be taught to use the right hand in writing, it should be done; but when a child has always used his left hand, and has come to be 12 or 14 years of age, it seems very doubtful whether it is practicable to change the habit, and therefore doubtful whether the teacher should insist upon it. (D 4048) CHAPTER XIV Trustees: Hours of School The hours of school are usually six, — 3 in the morn- ing and 3 in the afternoon, with recesses in the middle of each session of 10 minutes for the boys and 10 minutes for the girls. Unless there is specification in the contract, it is understood that the hours of school are those customary in the district. The school law does not prescribe the hour when schools shall be opened, nor the number of hours during which they shall be kept open. Custom, it is true, fixes the period some- where between the hours of 8 a. m., and 5 p. m , but this ctistom may be departed from, at the discretion of the trus- tees, and to suit the wants of the pupils. Recess belongs to the pupil, especially the noon intermission. Compare page 157. A pupil was denied the privileges of the school because he persisted in leaving the school-grounds during the noon recess. Held, an insufficient cause; that the teacher has no claim upon the pupil's time during the recess. (D 3698) The Arizona law says no pupil shall be detained in school during the intermission at noon, and a pupil detained at any recess shall be permitted to go out immediately thereafter. All pupils, except those detained for punishment, shall be required to pass out of the school-rooms at recess, unless it would occasion an exposure of health. Obvious hygienic requirements make separate recesses for each sex indispensable where the playgrounds are not wholly distinct. But this last is now required in New York (116), and and is becoming so in other states. In some schools no recesses are given, the session being shortened proportionally. It is becoming customary to dismiss primary classes before the close of each session, and is usually advisable. (170) District] Hours of School 171 Arij. requires that the session shall begin at 9 o'clock and end at 4, with an intermission from 12 to 1, and recesses from 10.40 to 11, and from 2.40 to 3. In primary schools where the average age of the pupils is 8 years, the daily sessions shall not exceed 4 hours a day, exclusive of intermission and recesses; where it is under 8 years, the confinement in school must not exceed 3}^ hours. Ore. has a similar provision. Cal. limits the number of school- houis to 6, and forbids that pupils under 8 shall be kept in school more than 4 hours. Mont., Ore., Wash., name 6 hours for pupils over 8, but permit the trustees to order fewer. Va. prescribes that no school shall be taught fewer than 6 hours; Fla. not more than 6 or fewer than .5. Mont., Ore., Wash., give the teacher power to dismiss all scholars under 8 after a 4 hours session. It has usually been held that teachers may, at their discretion, detain scholars a reasonable time after the regular school hours, for reasons connected with the discipline, order, or instruction of the school. This practice has been sanctioned by general usage, and by the authority of school boards, expressed or implied. There is in most states no law defining precisely school hours, as they are termed, or the hours within which schools are to be kept. This is regulated by usage, or by the directions of school boards, varying in different localities, and also in different seasons of the year. The practice under considera- tion, of occasionally detaining pupils after the regular school hours for objects connected with the school arrangements, rests upon precisely the same authority. It is questionable, however, whether under the restrictions placed in New York upon the teacher's authority (see page 162), this custom is legal. If the teacher's authority is limited to the school-grounds it would seem to be limited by the school hours. la. forbids the teacher to detain the pupil after school against the wish of the parent. CHAPTER XV Trustees: School Attendance The most important rules are those in relation to attendance. In many states the right to be educated in common schools is entirely legislative. (40 How Pr 249) ^ But in New York it is a provision of the constitution (Art 9, Sec. 1) : Common schools. The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated. The conditions under which the child may attend are however a matter of legislation. The schools are free to all persons over 5 and uadcr 21 years of age residing in the district. (568, 26 111 A 476, 85 111 A 9^) If there be a free kindergarten legally established, children over 4 years are counted as of school age. Otherwise the apportionment is made upon the attendance of children fo from 5 to 18 years. It is the duty of a town supporting a pauper to pay for his education in the town where the schoolhouse is. (Poorhouse vs. Town of Sheldon, Vt. 1902) Children of school age, in the trustee's report, in- clude all children over 5 and under 18 years of age, -who on the June 30 last preceding the date have been actually in the district, comprising a part of the family of their parents, guardians, or employers, residing, even but temporarily, in the district: but not (172) District] Admission of Children 173 including the children of a family residing in another district in which such children may be by law included in the report to its trustees; nor any children support- ed at a county poor-house or orphan asylum, nor any Indian children on reservations provided with separate schools. (198) A Catholic orphan asylum is not a public school. ( 13 Barb 400, 34 How Pr 227, 16 Nev 373) But if the children in such asylum are sent to the public schools for tuition they must be received as residents. Some of the orphan asylums in Syracuse do this. As a general rule, if the child whose parents or guardians live out of the district is residing, even if temporarily, in the district in good faith and not to avoid payment of tuition, such child should be enumerated; otherwise in the district where its parents or guardians reside. Children visiting or boarding are to be enumerated where they permanently reside. (1886— Sup't Morrison.) A resident child of non-resident parents is a bona fide resident. (3 A & E A 692) The parent or guardian may appoint his place of residence. (5 Pick 26, 4 Allen 462, 74 Wis 48) A man may reside in one place and have his domicil in another. (58 Me 207, 13 L R A 158) The parent cannot claim right to select the school. (13 Abb Pr 159) A father with whom his minor child is living may bring mandamus to compel his admission to public schools. (84 Pac 382) In Pa. the decision of trustees that children are not resi- dents cannot be reviewed. (64 Atl 247) For full discussion of residence see A^. E. Journal of Ed'n, Feb. 16. 1905. Nonresidents of district, if otherwise competent, may be admitted into the school of a district or city, 174 Trustees : School Attendance [Part I upon the consent of the trustees, or the board of ed- ucation, upon such terms as they shall prescribe. (568, 55 Neb 317. 75 N W 855) If such nonresident pupils, their parents or guardians, are liable to be taxed for the support of said schools in such district or city, on account of owning property therein, the amount of any such tax paid by a nonresident pupil, his parent or guardian, during the current school year, must be deducted from the charge for tuition. (568) When so admitted, the teacher may not refuse to instruct them. {604) In Tenn. a statute requiring a board of education vested with title to all school property within the limits of a city, and which receives state aid in the maintainance of its schools, to admit thereto, free of charge, all children living within }/2 mile of the city limits, is held not to deprive it of its property without just compensation. (58 L R A 170) No person may be refused admission into or be excluded on account of race or color. (980) (71111383,127111613, 179 111 615,193 III 309, 26 111 A319, 51 Pac 741 But see 41 Atl 126) Union free schools may establish separate colored schools (981). See page 399. Without statutory authority trustees cannot exclude a colored child. (91 Pac 88) No child or person not vaccinated may be admitted or received into any of the public schools of the state, and the trustees or other officer having the charge, management or control of such schools must cause this provision of law to be enforced. (49:1909) They may adopt a resolution excluding such children and persons not vaccinated from such school until vaccinated, and when any such resolution has been adopted, they must give at least 10 days notice thereof, by posting copies of the same in at least 2 public and conspicuous places within District] Vaccination 175 the limits of the school government, and announce therein that due provision has been made, specifying it, for the vaccination of any child or person of suitable age desiring to attend the school, and whose parents or guardians are unable to procure vaccination for them, or who are, by reason of poverty, exempt from taxation in such district. (49 : 1909) Such trustees or board may appoint a competent physi- cian and fix his compensation, who must ascertain the number of children or persons in a school district, or in a subdivision of a city school government, of suitable age to attend the common schools, who have not been vaccinated and furnish such trustees or board a list of their names. Every such physician must provide himself with good and reliable vaccine virus with which to vaccinate such children or persons as such trustees or board shall direct, and give certificates of vaccination when required, which are evidence that the child or person to whom given has been vaccinated. The expenses incurred in carrying into effect the provisions of this and the preceding section are deemed a part of the expense of maintaining such school, and must be levied and collected in the same manner as other school expenses. The trustees of the several school districts of the state must include in their annual report the number of vaccinated and unvaccinated children of school age in their respective districts. (49:1909) No school law has caused more discussion than this. (103 Am St 859, 48 Atl 873. 64 Art 419, 65 Conn 183, 5 D R 732, 167 111 67, 177 111 572, 60 HI A 291, 66 111 A 159, 25 L R A 152, 29 L R A 251, 37 L R A 1.57, 50 L R A 64, 58 L R A 78, 70 L R A 796, 72 N E 97, 81 N E 568 84 N E 1046, 47 N W 81, 68 N W 1036 70 N W 347, 162 Pa 476, 192 Pa 349, 198 Pa 638, 60 Pac 1013, 95 Wis 390. See Pa. School Journal, June 1906; Am. School Board Journal, Jan., 1908, July 1909) It was held in an Illinois decision that in the absence of small-pox in the community or cause to apprehend the appearance, vaccination cannot be compelled as a condition precedent to admission. Neither the city of Geneseo, nor the board of health, nor the board of health of the state of Illinois, has power to require compulsory vaccination except in public contingency or threatened epidemic. It may likewise be required of the teacher. (Lyn- dell vs. H. S. Com., Pa. 1902.) 176 Trustees : School Attendance [Part I In Pa. the duty of excluding un vaccinated children is imposed on principals, not on school boards. (67 Atl 56, 69 Atl 734) It has been held that a rule that children under eleven cannot enter school except at the beginning of the fall term is reasonable (61 N E 253) . See page 166. On the other hand it has been held that a rule that caused a child who arrived at school only 31 days after the fall term commenced to lose the benefits of the free school not only during that term but during the following winter term, was not a reasonable one, or calculated to promote the objects of the law. (85 111 A 92) Trustees have authority to make and to enforce rules as to regularity of attendance. (116 Mass 366) The parent has no right to interfere with the order of the school or the progress of other pupils by sending his own child at times and in condition or under restrictions that will prove an annoyance and hindrance to others. (31 la 562) This view of the authority of the trustees has been extended to the following special cases : In 1S74, two girls in the Dover (N. H.) high school refused to attend examination and graduate in the city hall on the ground that it was too public. The principal suspended them. The parents applied to Judge Doe for an injunction against the suspension, and the case was referred to the full bench at Concord. The application was denied, on the ground that the subject-matter was within the jurisdiction and discretion of the school authorities In 1874, certain Catholic children of Brattleboro were expelled from the schools for attending mass on the holy day of Corpus Christi, though their pastor, Father Lane, had asked permission from the committee for their non-attend- ance at school that morning. Judge Barrett, of the Supreme Court, decided that the committee were legally justified in District] Regularity Required 177 acting as they did ; and went on to show that school commit- tees are supreme in their rights over parents; that a citizen has no more right to disregard the rules made by a school committee than he has to defy the law by which the com- mittee was empowered. He said that if parents be allowed to set their wishes against the rules of the trustees, then practically the ground of system, order, and improvement has no existence, and it makes no difference so far as its effect on the school is concerned whether the detention involves con- science, will, whim, or the pocket. (48 Vt. 444) In 1875, a Jewish girl was expelled from the Sherwin school, Boston, for not attending the Saturday sessions. The father sent a petition to the board. That petition was referred to the Sherwin committee. They heard the father's statement. He explained why he had kept the child from the school, and the position of the Israelites in respect to Saturday, their Sabbath. He asked that he might be permitted to send his child to school 5 days in the week, keeping her from school every Saturday. It was explained to him why the committee could not officially make such an exceptional arrangement. They respected, however, the father's scruples in regard to work on the Sabbath, and agreed that the child might be excused on Saturdays from what he regarded as "manual labor"-writing, ciphering, and the like. The father seemed satisfied with the action of the committee; and his child has ever since been a regular attendant upon the school. It is therefore safe to consider this has been the prevailing law, at least in the eastern states. But we believe it is sometimes earned so far as to work our school system serious injury. In the last case we have intolerance enforcing hypocrisy. The child's religion either does forbid her to work on the Sabbath, or it does not. If it does not, there is no reason why she should not "write, cipher, and the like", as well as the rest. If it does, then she should not attend school at all. Her presence, under these conditions, teaches every Christian 178 Trustees : School Attendance [Part I pupil in school that one's lesson may be studied or any men- tal labor done on Sunday which does not involve "writing, ciphering, and the like". Excuses from parents or guardian may be exacted in case of absence or tardiness (13 111 A 520, 27 Vt755). Seepage 185. In Indiana a teacher may chastise a pupil for refusing to give an excuse for absence without leave. (69 Ind 29.5) In Ore. teachers are authorized to require excuses from par- ents or guardian of pupils, either in person or by written note in all cases of absence or tardiness or dismissal before the close of the school, and no excuse shall be deemed valid except that of sickness or necessary employment. The teacher shall be the judge of the sufficiency of excuses, subject to an appeal to the directors; provided, that boards of directors may, by formal adoption, change the character of the excuses which shall be deemed valid. The Arizona law says teachers shall require excuses from the parents or guardians of pupils, either in person or by written notes, in all cases of absence or tardiness, or of dis- missal before the close of school. Sickness of the pupils, or in the family, or some urgent cause rendering attendance and punctuality impossible, or extremely inconvenient, shall be regarded as the only legitimate excuse for absence or tardiness. Among the rules established by the board in a certain district was this: "All pupils will be required to bring written excuses froin their parents to teachers for absence, and such excuses must be satisfactory and reasonable, otherwise they will not be granted." The court commented upon the rule as follows: "The rule in question is not a hard or harsh one. It does not of itself indicate any sinister or malevolent purpose, or wicked force, on the part of the directors. It does not trench upon the rights or dignity of any one. We instantly and properly repel any encroach- ment upon our rights as citizens. We have a proper pride and ambition in maintaining these rights under any and District] Tardiness 179 all circumstances. But I am utterly unable to understand how this simple rule or regulation, requiring the pupil in certain cases to bring a written excuse from its parents to the teacher, is an attack upon, or an abridgment of, our inalienable rights as citizens of this free country." (13 111 A 520) Tardiness is among the most serious obstacles to successful discipline and instruction, and may be rigorously suppressed. Tardiness, that is, arriving late, is a direct injury to the whole school. The confusion of hurrying to seats, gathering together books, etc., by tardy ones, at a time when all should be at study, cannot fail to greatly impede the progress of those who are prompt and regular in attendance. The rule requiring prompt and regular attendance is demanded for the good of the whole school. (31 la 562, 111 Ind 472) In Oregon tardiness for more than one hour counts as a half -day's absence in reckoning the absence for which a pupil may be suspended. In 1853, the superintendent decided that "teachers have the right to close the doors of their school-room against all pupils who may claim admission fifteen minutes after the time of opening the school." ( D 1687). Later decisions have ruled tjiat the teacher should not keep tardy pupils in the entry, especially in cold weather (605, 87 111 303). Seepages 165, 6. In Wisconsin, the superintendent decides that "to lock the door against tardy pupils, say at ten o'clock, is of doubt- ful propriety. The schoolhouse is a public place. The tardiness may not be fhe fault of the child. It might be a serious discomfort to the child to be turned back home. Let the school be made attractive." And again: "Tardi- ness is, of course, a great annoyance. It is difficult to say how far the courts would sustain rules excluding pupils from school for being late. It is doubtful whether it is good 180 Trustees : School Attendance [Parti policy to turn tardy scholars into the street, perhaps to get into mischief; perhaps to suffer from cold, from waiting outside; certainly to lose more time. Persuasion, attractive lessons in the morning, an attractive school, privation of recesses, final degradation to a lower class if all fails, would perhaps be better remedies." — Wis. Journal of Ed'n, 1877, p. 125. One of the pupils in one of the public schools of Shelbyville, Ind., came to the school-room door on an extremely cold morning in Jan., 1885, and found it locked. She therefore returned to her home through the cold and snow, and as a result both feet were frozen and permanently injured. Judge Niblack said that tardiness is a recognized offence against the good order and proper management of all schools, and that a tardy pupil ought not, therefore, to complain of some inconvenience or annoyance of having to remain in some other part of the building for the short period of time required to complete the morning exercises; but he said that in enforcing such a rule, due regard must be had to the health, comfort, age, and mental circumstances attending each particular emergency. He went further, and said that teachers should relax somewhat from the strict enforcement of rules in cases of physical or mental infirmity, and that no rule, however reasonable it might be in its general application, should be enforced when that would inflict actual or unnecessary suffering. He said that the habit of locking the door during the morning exercises was not unreasonable under ordinary circumstances, but that when done on an extremely cold mornmg, special care and attention should be given to such pupils as might be obliged to wait in some other part of the building. (69 Ind 295) (12 Allen 127, 8 Cush 160, 79 111 567, 87 111 303, 56 la 476, 38 Me 376, 105 Mass 475, 59 N H 473, 29 Ohio 89, 23 Pick L24, 32 Vt 224, 24 Wis 683. 35 Wis 59, 63 Wis 234) Absence is also a direct interference with both the discipHne apd the progress of the school and, reason- able regulations against it may be enforced. District] Absences 181 In Mo., suspension for 6 half days' absence in 4 consecutive weeks has been upheld, and in la. for 6 half days' absence and 2 instances of tardiness in the same time. In this last case. Judge Beck said: "It requires but little experience in the instruction of children and youth to convince any one that the only means which will assure progress in their studies is to secure their attendance, the application of the powers of their mind to the studies in which they are instruct- ed. Unless the pupil's mind is open to receive instruction, vain will be the effort of the teacher to lead him forward in learning. This application of the mind in children is secured by interesting them in their studies. But this cannot be done if they are at school one day and at home the next; if a recitation is omitted or a lesson left unlearned at the whim, or convenience of parents. In order to interest a child he must be able to understand the subject in which he is instructed. If he has failed to prepare previous lessons he will not under- stand the one which the teacher explains to him. If he is required to do double duty, and prepare a previous lesson, omitted in order to make a visit or do an errand at home, with the lesson of the day, he will fail to master them and become discouraged. The inevitable consequence is that his interest flags and he is unable to apply the powers of his mind to the studies before him. The rule requiring con- stant and prompt attendance is for the good of the pupil and to secure the very objects the law had in view in estab- lishing public schools. It is therefore reasonable and proper. "In another view it is required by the best interests of all the pupils of the school. Irregular attendance of the pupils not only retards their own progress, but interferes with the progress of those pupils who may be regular and prompt. The whole class may be annoyed and hindered by the imperfect recitations of one who has failed to prepare his lessons on account of absence. The class inust endure and suffer the blunders, promptings and reproofs of the irreg- ular pupils, all resulting from failure to prepare lessons which should have been studied when the child's time was occupied by direction of the parent in work or visiting." (31 la 562) 5. B. vii. 10. 182 Trustees : School Attendance [Part I (12 Allen 127, 8 Cush 160. 13 111 520, 137 111 296, 31 la 502, 116 Mass 363, 18 Mich 400, 48 Vt 444) In Ore. whenever the unexcused absences amount in one term to 7 days, the teacher may suspend him. Even in a private school constancy of attendance may be required, A girl attending Lasell seminary was taken away by her mother over Sunday against the rules of the school and was expelled. The mother sued to recover the money advanced for board and tuition and failed, the court holding that the conditions of the catalogue were reasonable. (46 N E 110) A law school, however, cannot dismiss a student or refuse to permit him to graduate, for irregularity of attendance, when it was understood that payment of the required fees and completion of the work were all that was required or necessary. (Baltimore Uv. vs. Colton, Md Supreme Court, Feb. 19, 1904) In 1874 the board of education of Hornell adopted a rule that in every case of absence of a pupil for more than 5 days during any term for any other cause than sickness or death in the family, or religious observance, the absentee should be suspended until the beginning of the next term. Its legality being questioned, the superintendent replied : Under the provisions of the law cited in your letter of the 19th inst., your board of education possesses the power to suspend pupils from school for causes which seem to merit such treatment. In my judgment, however, it would be unwise to enforce strictly the rule referred to in your letter. The object and intention of the law is to get pupils into the schools — not to keep them out. In another case tl e same superintendent, Mr. Gil- mour, went still further. District] Punishment for Absence 183 Among the regulations of District No. 2, Ellington, was this: "Any scholar absenting himself from any examination or part thereof, appointed by the teachers, without necessity duly certified beforehand, either by himself or his parents or guardian, shall not be admitted to the school afterwards, except by permission of the board and the approval of the principal." On Feb. 4, 1875, before the written examination, the mother of three boys asked by written note that they be excused from the last days of the term, and withdrew them from the school. On the opening of the next term, the three boys were refused admission under the above rule, the note not being accepted as a sufficient compliance with the regulation. This was over-ruled by Sup't Gilmour, who decided that boards of education have no right to make any regulation under which children are liable to perpetual exclusion from school for an act of the parent (f^OS), This view was carried yet further , under Sup't Ruggles. In September, 1884, the St. Johnsville board of education established the following rules : The principal and teachers of the different rooms may suspend pupils under their immediate control for: 1. Three cases of absence, unless the absence be caused by personal sickness, or serious illness or death in the family, or by some pressing emergency. But one case of absence can be counted in the same day. * * * The power of reinstatem.ent shall be limited to the board of education or the principal. * * * Any pupil suspended for any cause shall not be entitled to any privileges of the school until reinstated. For four such absences the father of Clarence Sanders refused to give any reason ; and on Nov. 5, the boy was sus- pended, and on presenting himself at school the next day was refused admission. His father appealed to the state department, which on March 20, 1885, decided that the boy must be reinstated, on the grounds (1) that the power of suspension should not be delegated from the board to a 184 Trustees : School Attendance [Part I teacher; (2) that to require the parent to state the particular cause for a child's absence or detention is not only unnec- essarily inquisitorial, but, logically carried out, would permit the teacher or trustees to pass judgment on the parent's exercise of authority over his child. This decision (reported in full in the School Bulle- tin for May, 1885) caused wide and generally unfavor- able comment. Commissioner Draper took a wholly different view, and gave to the author of this volume for publication a copy of the following letter, showing the ground afterward taken by the education department: That the school authorities have the power to exclude from the benefits of the schools, pupils who refuse to comply with reasonable regulations relative to attendance, I have no doubt. I consider a regulation to the effect that a pupil who is absent or tardy shall bring his teacher a written excuse from his parent or guardian, to be entirely proper and the department will therefore sustain you in enforcing it. The letter addressed to one of your teachers is a highly improper and insulting one. If this parent persists in send- ing his child to school with irregularity and in refusing to give any proper excuse for this course, you will be justified in excluding the child altogether. The schools are surely for the benefit of all and all have common rights in them, but these rights must not be abused by any individual to the injury of others. If one parent can maintain the position which this one assumes, then all can, and if all can then the school system is liable to utter over-throw and destruction. This of course we cannot concede. You are advised to notify the person writing the letter which you enclose to me of the contents of this com- munication; to receive the child into the school if the parent manifests a disposition to comply with the law. Otherwise you will be upheld in excluding the child in question. CHAPTER XVI Trustees: The Compulsory Law The trustee is however less frequently concerned m excluding children from school than in compelling their attendance under the compulsory law. The natural right of parental dominion does not render unconstitutional a statute requiring children to be sent to- school. (60 L R A 739; 61 N E 730) 1. All children between 8 and 16 years of age must attend upon instruction the entire time the ptiblic school is in session during the period between October 1 and June 1, unless, In cities and villages of 5,000 the limits are 7 and 16. For Indian children the requirements are practically the same, except that the age requirement is 6 and 16, instead of 8 and 14. (900, 1) (a) Physically or mentally incompetent. (530-2) (a) A child is "physically or mentally incompetent" who is ill or physically unable to attend school (which may be certified by a competent physician if required by school authorities), an idiot, or defective, epileptic, deaf, dumb or blind, requiring special physical or mental treatment or in- struction in special classes or schools. (6) Between 14 and 16 years of age and regularly employed under a labor certificate issued by the local board of health, or a school record certificate. (530-2) In cases of temporary absence, the attendance di- vision has ruled that the following excuses may be accepted as legal : 1. Severe storm or roads absolutely impassable for man or beast. 2. Contagious disease in a community; the school authorities or local boards of health determining when the danger of conveying the disease has passed. (185): 186 Trustees : Compulsory Law [Part I 3. Sickness in the pupil's family requiring his or her services for a day or two until other help can be secured. 4. Days set apart for religious observance or instruction. In all such cases, however, arrangements should be made with the priest that school work may not be interfered with. 5. One half day weekly for music lessons. The following excuses frequently offered by par- ents and school authorities are not legal t 1. Poverty. The Attendance Division has ruled that the intention of the Legislature being to give every child a com- mon school education, a logical interpreation of the statute requires the locality, through its poor authorities to furnish the means necessary to effect that end in those cases where the enforcement of the law would work suffering or hard- ship. It therefore insists that such local poor authorities furnish clothing, shoes, food, books and other necessaries to indigent children. 2. Distance from the schoolhouse. Parents are required to furnish conveyance; if too poor to do so, transportation must be furnished by the district. The district may provide for transportation of pupils who live remote from school or maintain branch schools. 3. Unfit physical condition. Where a parent sends a child to school in such a condition that it brings into the school vermin or other contagious disorder, the school author- ities have the right to refuse admission and treat the fact that the parent has not sent the child in a condition to attend as tantamount to a neglect to cause the child to so attend, for which the parent may be arrested and punished. 4. Suspension. Pupils suspended for a period to exceed one week must be committed to a truant school. 2. All children between 8 and 16 years of age must attend a school in which the six common school branches of reading, spelling, writing, arithmetic, English language and geography are taught in Eng- lish, or upon equivalent instruction elsewhere. (530) District] Employment Certificate 187 "Equivalent instruction elsewhere" means instruction in above subjects by a competent teacher during usual school hours. Children taught at home may be required to take public school examinations. 3. No child under 14 years of age may be employed at any time in a factory, mercantile establishment, business or telegraph ofhce, restaurant, hotel, apart- ment house or in the distribution or transmission of merchandise or messages. {Labor Law, Sees. 70-76) There are no exceptions, except in villages and cities. See Chapters XXVI, XXVII. The term "factory" includes mills, workshops or other manufacturing or business establishments where one or more persons are employed at labor. The term "mercantile establishment" means any place where goods, wares or merchandise are offered for sale. 4. No child under 14 years of age may be employed in any occupation whatever during any part of the term the public school is in session. (532) The employment of a child before or after school hours or on Saturdays during the school term is prohibited. A child who is working for a parent will be regarded as employed if the employment is in any labor exercised by way of trade or for the purpose of gain. 5. No child between 14 and 16 years of age may be employed. I. In a factory, mercantile establishment, busi- ness or telegraph ofhce, restaurant, hotel, apart- ment house or in the distribution or transmission of merchandise or messages unless in possession of a labor certificate issued by the local board of health. (530-4) 188 Trustees: Compulsory Law [Part I 1. Labor certificates are issued by the local board of health at place of residence or employment of child on ap- plication of the parent or custodian who is required to furnish such board the following: Evidence of the age of the child. The school record certificate. The board may refuse to grant a certificate to a child who may seem to be physically unable to perform the work which it intends to do; in doubtful cases, such physical fitness is to be determined by the medical officer of the board of health. Such board is required to transmit to the commis- sioner of labor between the 1st and 10th day of each month a list of names of children to whom certificates are issued. Labor certificates should be filed with the employer, who is required to keep a registry containing name, birthplace, age and place of residence of all children under 16 employed by him. A duly attested transcript of the birth certificate filed with a registrar of vital statistics is conclusive evidence of the age of a child. In case such certificate can not be secured the following evidence may be accepted in the order named : Certificate of graduation from a public school and in New York State a private school having a course of not less than 8 years, provided the school records shov) the child to be not less than 14 years of age. Passport or baptismal certificate. Other evidence may be accepted in case the board de- cides none of the above certificates are available. II. At home or elsewhere than in the above mentioned employments unless in possession of school record certificate. (530-4, Labor Law, Sec. 70-76, 161-67) School record certificates are issued by the principal teacher of the public school of the district. Applicants must be 1. 14 years of age at time of application. District] School Record Certificate 189 2. Have attended school at least 130 days during one of the following 12 month periods: 12 months next preceding the 14th birthday. 12 months next preceding the application for the cer- tificate. 3. Have received during such period instruction in read- ing, writing, spelling, English language and geography. 4. Able to read and write simple sentences in the English language and familiar with the fundamental operations of arithmetic up to and including fractions. If the 130 days' attendance occurred during the 12 months next preceding the 14th birthday, the certificate may be applied for at any time after that date ; if subsequent to the 14th birthday, the certificate should be applied for at the expiration of the 12 month period for which credit is sought. In counting the 130 days, only days of actual attendance should be included, excluding holidays, institute week or the period school is closed on account of the prevalence of a contagious disease in a district. Attendance at other schools or truant institutions may be included provided a certified copy of the record of attendance is furnished. In cases of loss or destruction of the register a teacher may accept other evi- dence in his discretion. Teachers should apply direct to the Education de- partment for school record blanks, stating the number required for immediate use and attaching their of- ficial signature; i. e., John Doe, Teacher. They should also keep a record of certificates issued. This does not mean the filing of a duplicate certificate at the Education Department. Teachers in private schools should present the certificates to the prin- cipal of the public school for signature. The teacher is the sole judge of the educational quali- fications of the applicant. In determining such qualifications teachers should be guided by the specific language of the statute. The question of the grade of a pupil is immaterial. 190 Trustees: Compulsory Law [Part I If the child is to he employed in a factory or mercan- tile establishment the school record should he filed with the local hoard of health; if employed at home or else- where, such certificate should he retained by the child. Parents or employers violating the labor provisions of the attendance law may be fined $20 and not more than $50 for the first offence; for a second and each subsequent offence a fine of not less than $50 nor more than $200; for violating the labor law or making false statements in any affidavit, record transcript or certificate in an application for an employment certificate a fine of not less than $20 nor more than $50 for the first offence; for a second offence a fine of not less than $50 nor more than $200 or imprison- ment not more than 30 days or both; for a third of- fence a fine of not less than $250 or imprisonment not more than 60 days or both. (533; Penal Laws, Sec. 1275) The factory law is enforced by factory inspectors; mercantile law by local boards of health. {Labor Law, Sec. 62, 172) Attendance is enforced as follows: 1. A parent whose child does not attend upon in- struction as required may be arrested and fined or imprisoned. The Attorney General has ruled that more than two unexcused absences in four consec- utive weeks constitute a violation of the law. (531) The term "parent" includes the guardian and every per- son who is liable to maintain or has actual custody of the child. The teacher must report the names of children of com- pulsory school age who are not complying with the law to the District] Enforcement 191 attendance officer, who shall notify the parent personally or by written notice, reqi:iring him to cause the child to attend school. If the parent fails to do so, the officer must make written complaint before any justice of the peace in the county, or in a city or village, a police justice or magistrate, and such jus- tice shall issue a warrant on said coinplaint and proceed to hear and determine the same in the same manner as pro- vided by statute for other criminal cases under his jurisdis- tion. School authorities are atithorized to employ legal counsel to prosecute any case arising under the provisions of the act, when they shall deem the same necessary, and the cost thereof shall be a legal charge against the city or district in which the case arose. A parent should promptly furnish written excuses for each absence or tardiness of a child. Failure to do so will prove disadvantageous in case of prosecution, as the burden of proof rests on the parent. For the first offence a parent may be fined $5 or impris- oned 5 days; for each subsequent offence fined not to exceed $50 or imprisoned 30 days or both. Such fines are to be paid to the county treasurer. 2. A child of compulsory school age if an habitual truant or disorderly and insubordinate while in at- tendance at school may he arrested by the attendance officer, and committed by the proper authority to a truant school. (536) A child should not be arrested unless an habitual truant or disorderly and insubordinate while in attendance at school. Frequently parents are only too glad to have their children committed as truants and cared for at town or county expense until they are permitted by law to go to work. The most direct and effective method of reaching parents and forcing upon them the duty of keeping their children in school is by penalizing the parent as provided in the statute. Where parents are prosecuted the most, truancy exists the least. 192 Trustees: Compulsory Law [Part I 3. School authorities are primarily responsible for the enforcement of the attendance law. Failure on the part of school authorities to secure the regular attendance of all children of compulsory school age or to prosecute parents who violate the law when the attend- ance officer refuses or fails to do so. or of local courts to con- vict delinquent parents, or of poor authorities to furnish necessaries to indigent children, will result in the withholding of one half the public school moneys and subsequent forfeit- ure to the state if the law is not enforced within a period of one year thereafter. School authorities may be held per- .sonally liable for the moneys so forfeited. 4. School authorities in cities, union free school dis- tricts or common school districts whose limits include in whole or in part an incorporated village shall ap- point attendance officers to enforce the law; in com- mon school districts town boards shall, subject to the approval of the school commissioner, appoint such officers. (535) Attendance officers should be carefully selected, paid a salary commensurate with the work to be done, appointed annually and in no case continue in office after expiration of the term of board electing the officer. Their duties are defined by statute, the education de- partment and the authorities appointing them. When ap- pointed by the school authorities their compensation is a charge against the city or district; when appointed by the town board it is a town charge. Such officers should visit parents whose children fail to attend school as the law directs, and, when necessary, take legal action against delinquent parents; visit factories, mer- cantile or other establishments within their territory, and examine employment certificates and registry of children employed. Their jurisdiction covers the territory for which appointed; i. e. if a school district lies in one or more town- ships the jurisdiction of the officer is confined to that part District] Records Required 193 of the district situated within the boundary lines of his town- ship. For neglect of duty the officer may be removed by school authorities in cities, union free school districts and common school districts whose limits include in whole or in part an incorporated village; town attendance officers may be re- moved by the school commissioner. Persons interfering with attendance officers or owners of factories and mercantile establishments refusing to exhibit registry or certificate of children employed are guilty of a misdemeanor. 5. A permanent census bureau shall be established in cities of the first class. Such bureau may be es- tablished in all other cities, and if not, a census must- be taken in October 1909 and every 4th year there- after; in all other school districts a census shall be taken on the 30th day of August annually. (1000-4) The census shall include the names of all persons be- tween 4 and 18, day of the month and year of birth, resi- dences by street and number, names of parents or custodians. A copy should be delivered to the attendance officer and teacher who should compare the census with the enrolment to ascertain if all children required by law to attend are in school. The cost of taking the census is a charge against the city or school district. Parents who refuse to give the above information or who give false information may be fined $20 or imprisoned 30 days. 6. Teachers in public and private schools shall keep a record of the attendance of all children of com- pulsory school age. (534) Such record shall show the attendance by the year, month, day of the month and day of the week and the num- ber of hours attended; also the excuse for absence or tardi- ness. Teachers must allow school authorities, inspectors 194 Trustees: Compulsory Law [Part I or other authorized persons to inspect registers and answer inquiries and may be required to furnish a duplicate copy of register to the education department. Teachers refusing to exhibit register or answer lawful inquiries of school authorities or inspectors are guilty of a misdemeanor. Their license may also be revoked. 7. A child of compulsory school age may be com- mitted to a truant school or institution if: (a) An habitual truant absent from instruction without the consent or knowledge of his parents or beyond their control; or, (6) So disorderly and insubordinate while in at- tendance at school as to warrant expulsion. (537) 8. School authorities may establish schools or set apart rooms in public school buildings for habitual truants or disorderly children or they may commit them to any private school, orphans home or similar institution controlled by persons of the same religious faith as the parents. (537) No person convicted of crimes or misdemeanors other than truancy may be committed to a truant school. Industrial training shall be furnished in every truant school. School authorities should enter into a contract with an institution before committing a truant thereto; the cost of maintenance in a city, village or district employing a superintendent of schools shall be a charge against such city or district ; in all other cases it is a county charge ; a dis- trict may advance the necessary moneys, which will be re- funded by the board of supervisors. 9. Habitual truants and disorderly and insubor- dinate pupils may be arrested by the attendance officer and with the written consent of the parent com- mitted by the school authorities to a truant school or institution. If the parent refuses to give such con- District] Attendance Officers 195 sent or proves the child is beyond his control such child may be committed by the proper magistrate as a disorderly person. (536-37) Attendance oflficers must promptly report dispositions of truants to the school authorities. The tenn of commit- ment shall not exceed 2 years nor extend beyond the 16th birthday. Truants may be paroled by the superintendent of schools in cities and villages; elsewhere by the authority committing them. Children suspended for a period to exceed 1 week must be committed to a truant school. For refusal to give consent to commitment parents shall be liable to the same punishment as for failure to send the child to school. 10. A parent or custodian of a child under 16 years of age must not abandon or unlawfully omit to provide for such child, nor shall such parent or any person permit a child to engage in an occupation whereby its life is endangered or health injured or its morals impaired. (Penal Law, Sec. 480-86) Abandonment of a child constitutes a felony ; the en- dangering the life, health or morals of a child or failing to provide for a child, a misdemeanor. A child under 16 years of age may be committed by the proper court or magistrate to any incorporated charitable reformatory or other institution; or placed under the custody of a probation or parole officer, a If found begging or soliciting alms whether under pretence of a sale or not; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets, b If found wandering or abandoned without a home or guardianship or means of subsistence, c If found destitute or an orphan or with a surviving parent in jail or an habitual criminal, d If found frequenting the company of thieves or pros- titutes, or in a house of prostitution; or in a concert saloon. 196 Trustees: Compulsory Law [Part I dance hall, theater, museum or place of entertainment or place where liquors are sold without being in charge of his parent or guardian, or playing any game of chance or skill in any place where liquors are sold. e If engaged in any practice or exhibition or place dangerous to the life, limb, health or morals of the child. / If disorderly or ungovernable. (Penal Law, Sec. 486) A child under the custody of a probation officer may within a period of 1 year be committed to an institution. The provision authorizing the placing of destitute or neg- lected children in the custody of a parole or probation of- ficer does not apply to cities of the 1st class having children's courts nor take away nor limit their juirsdiction. 11. A child under 7 is not capable of committing a crime. {Penal Law, Sec. 816) 12. No child under the age of 16 years shall be a. Employed or permitted to work in operating or a.ssist- ing in operating any dangerous machines. (Labor Law, Sec. 93) b. Employed or permitted to work at adjusting or as- sisting in adjusting any belt to any machinery; and no fe- male under the age of sixteen shall be employed or permitted to work in any capacity where such employment compels her to remain standing constantly. {Idem.) c. Employed or permitted to have the care, custody or management of or to operate an elevator either for freight or pas.sengers. {Idem) d. Employed, exhibited or trained as a rope or wire walker, gymnast, wrestler, contortionist, rider or acrobat; or upon any bicycle or similar mechanical vehicle or con- trivance; or In begging or receiving or soliciting alms in any manner or under any pretence, or in ariy mendicant occupation; or in gathering or picking rags, or collecting cigar stumps, bones or refuse from markets ; or in peddling ; or In singing; or dancing; or playing upon a musical in- District] Forbidden Employments 197 strument ; or in a theatrical exhibtion ; or in any wandering occupation ; or, e. Employed in any mine or quarry in this State. {La- bor Law, Sec. 131) 13. No male person under 18 years or woman under 21 years Shall be permitted to clean machinery while in motion 14. No girl or minor under 18 May sell or serve liquor. {Liquor Tax Law, Sec. 30) 15. No woman or child Shall work in the basement of a mercantile establishment unless authorized by the department of health or in a first class city by commissioner of labor. {Idem. Sec. 171) 16. No person shall 1. Admit to or allow to remain in any dance house, con- cert saloon, theater, museuin, skating rink, kinetoscope or moving picture performance, or in any place where wines or spirituous or malt liquors are sold or given away or in any place of entertainment injurious to health or morals, unless accompanied by its parent or guardian; 2. Suffer or permit to play any game of skill or chance in any such place, or in any place adjacent thereto, or to be or remain therein or admit td or allow to remain in any reputed house of prostitution or assignation or any place where opium or any preparation thereof is smoked ; or 3. Sell or give away, or cause or permit, or procure to be sold or given away any beer, ale, wine or any strong or spir- ituous liquor; or, 4. Being a pawnbroker or person in the employ of a pawnbroker, make any loan or advance or permit to be loaned or advanced any money, or in any manner directly or in- directly receive any goods, chattels, wares or merchandise from any such child in pledge for loans made or to be made to it or to any other person or otherwise howsoever; or, 5. Sell, pay for or furnish any cigars, cigarettes or to- bacco in any of its forms; or, 6. Being the owner, keeper or proprietor of a junk shop. 198 Trustees: Compulsory Law [Part I junk cart or other vehicle or boat or other vessel used for the collection of junk, or any collector of junk, receive or pur- chase any goods, chattels, wares or merchandise from Any child actually or apparently under the age of 16 years. (Penal Law, Sec. 484.) It is not a defence to a prosecution that such a child acted as the agent of another. 17. No messenger boy, except to deliver messages at the door, may enter any disorderly house, unli- censed saloon, inn, tavern or unlicensed place where liquors are sold. (Penal Law, Sec. 488) No child under 16 shall smoke cigars, cigarettes or tobacco in any form whatsoever in any public street, place or resort. (Penal Law, Sec. 485) Children violating the law prohibiting the use of tobacco in any form in a public street, etc. are guilty of a misde- meanor and may be fined not to exceed $10 and not less than $2. (Penal Law, Sec. 483, 4S6, 1275) No person shall sell or give any cigar, cigarette or to- bacco in any of its forms to any minor undergoing confine- ment in any reformatory, penitentiary or house of refuge in this state. (Penal Law, Sec. 489.) .No person shall sell or give away liquor to a minor under 18. (Liquor Tax Law, Sec. 29) 18. No child under 16 may be employed (a) In a factory before 8 a. m. or after 5 p. m. or more than 8 hours a day or 6 days in a week and with at least 60 minutes for noonday meal, unless the commissioner of labor permits a shorter time. (Labor Law, Sec. 77-89) (6) In a mercantile establishment, business or telegraph ofiSce, restaurant, hotel, apartment house or in the distri- bution or transmission of merchandise or messages before 8 a. m. or after 10 p. m. or in a city of the first class after 7 p. m ; or more than 54 hours a week or 9 hours a day with not less than 45 minutes for noonday meal. (Labor Law, Sec. 161) Employers must post printed notices tO this effect in a conspicuous place in the workrooms. CHAPTER XVII Trustees: Course of Study And (b) to prescribe the course of studies to be pur- sued in such schools. (195) That the trustees have power (a) to establish the course of study: that is to select the branches to be taught in school; and (6) to grade or classify the pupils, is undisputed. Whether they have (c) the power to compel every child in school to follow the course of study has been a subject of violent contro- versy. The course of study is to be prescribed by the trus- tees. (195) (12 Allen 127, 8 Gush 160, 44 Hun 340, 87 lU 303, 175 III 9, 106 Ind 478, 31 la 562. 28 Me 379. 31 Neb 552, 59 N H 473, 48 N W 393, 32 Vt 224, 48 Vt 444) In Me. Judge Appleton said that if the legislative code within constitutional limitations should prescribe a course of study however unwise, or books however immoral, he was not aware of any power on the part of the court to interfere. (38 Me 376) In Nev. the state board prescribes the course of study. In N. D. this power is subject to the approval of the county superintendent. In S. D. teachers must follow the course of study recommended by a majority of the county super- intendents of the state, and the superintendents of public instruction. Algebra may be included (45 la 248, 50 la 152) and rhetoric (29 Ohio 89) and composition (D 1687 1874 37 Am R 123, 97 111 375, 129 Ind 14, 77 Mo 484, 32 Vt 224) and declamation (59 N. H 473, 35 Wis 59) and German. (199) 200 Trustees: Course of Study [Part I High schools may be established by taxation. (11 Cush 178, 16 Mass 141, 103 Mass 94, 30 Mich 69) Evening high schools are legal. (93 Pac 117) The compulsory law names these 6 essential common school branches: reading, spelling, writings arithmetic, English language, geography. (530) N. C. forbids the teaching in public schools of other subjects than (1) spelling, (2) defining, (3) reading, (4) writing, (5) arithmetic, (6) English grammar, (7) elementary physiology and hygiene, (8) state and American history; but provides that the school com- mittee may make special arrangements to allow other subjects to be taught. In Mass. vivisection is forbidden, and dissection of dead animals restricted to the class-room and the presence of the pupils engaged in the study illustrated. New York has a similar law, and the Anti-Vivisection Society of Boston offers $100 reward for the conviction of any public-school teacher who has at any time practiced vivisection in a New York school. N. D. requires that all reports, records, and proceedings shall be kept in the English language, and that no public money shall be expended in supporting a school in which the English language is not taught exclusively. Ore. requires stated exercises in composition and decla- mation. Ariz, requires in all primary schools vocal and breathing exercises of 3 to 5 minutes each at least twice a day. Cal. and Pa. requires that attention must be given to physical exercises, and to the ventilation and temperature of school-rooms. Ore. requires the teacher to attend to the temperature of the school-room, and to see that the doors and windows are open at each intermission, to see that pupils take exercise, and to encourage healthful play at recess, prohibiting all dangerous and immoral games. District] The Scientific Temperance Law 201 Wash, requires attention during the entire course to the cultivation of manners, the laws of health, physical exercise, ventilation and temperature, and not less than 10 minutes each week to systamatic teaching of kindness to animals. Me. and Texas make this last requirement. Tenn. requires State constitution to be taught in all primary and secondary schools. Conn, requires State board to furnish cards for testing pupils' eyesight. la. requires vocal music in all public schools. Ohio permits employment of teachers of vocal music. Ariz, and Cal. make it the duty of all teachers to impress upon the minds of the pupils the principles of morality, truth, justice, and patriotism; to teach them to avoid idleness, profanity and falsehood; to instruct them in the principles of a free government ; and to train them up to a true compre- hension of the rights, duties and dignity of American citi- zenship. In Ariz, a principal may enrol pupils of eleven yeais old or more as members of the "American Guard", under such conditions as he may prescribe. New York forbids it. Provision must be made for instructing pupils in all schools supported by public money or under state control in physiology and hygiene, with special ref- erence to the effect of alcoholic drinks, stintulants and narcotics upon the human system. (195, 229) In New York, as in nearly all States, one require- ment is that physiology, so far as it pertains to the hygienic effects of stimulants and narcotics, shall be taught in every school receiving public money. (195, 111 Mass. 499) The nature of alcoholic drinks and other narcotics and their effects on the human system must be taught in connection with the various divisions of physiology and hygiene, as thoroughly as are other branches in all 202 Trustees: Course of Study [Part 1 schools under state control, or supported wholly or in part by public money of the state, and also in all schools connected with reformatory institutions. (760) All pupils in the 2d year of the high school and above the 3d year of school work computing from the beginning of the lowest primary, not kindergarten, year, or in corresponding classes of ungraded schools, must be tatight and must study this subject every year with suitable text-books in the hands of all pu- pils, for not less than 3 lessons a week for 10 or more weeks, or the equivalent of the same in each year, and must pass satisfactory tests in this as in other studies before promotion to the next succeeding year's work. (760) Where there are 9 or more school years below the high school, the study may be omitted in all years above the 8th year and below the high school, by such pupils as have passed the required tests of the 8th year. (760) In all schools above-mentioned, all pupils in the lowest 3 primary, not kindergarten, school years or in corresponding classes in ungraded schools must each year be instructed in this subject orally for not less tban 2 lessons a week for 10 weeks, or the equivalent of the same in each year, by teachers using text-books adapted for such oral instruction as a guide and standard. (760) Such pupils must pass such tests in this as may be required in other studies before promotion to the next succeeding year's work. Nothing in this article shall be construed as prohibiting or requiring the teaching of this subject in kinder- garten schools. (760) The local school authorities must provied needed facilities District] The Scientific Temperance Law 203 and definite time and place for this branch in the regular cotirses of study. (760) The text-books in the pupils' hands must be graded to the capacities of 4th year, intermediate, grammar and high school pupils, or to corrsponding classes in ungraded schools. For students below high school grade, such text-books shall give at least ^ their space, and for students of high school gfrade, not less than 20 pages to the nature and effects of alcoholic drinks and other narcotics. This subject must be treated in the text-books in connection with the various divisions of physiology and hygiene, and pages on this subject in a separate chapter at the end of the books will not be counted in determining the minimum. No text-book or physiology not conforming to this article may be used in the public schools. (760) All regents examinations in physiology and hygiene must include a due proportion of questions on the nature of alco- holic drinks and other narcotics, and their effects on the human system. (760) In all normal schools, teachers' training classes and teachers* institutes, adequate time and attention shall be given to instruction in the best methods of teaching this branch, and no teacher may be licensed who has not passed a satisfactory examination in the subject, and the best methods of teach- ing it. On satisfactory evidence that any teacher has wilfully refused to teach this subject, as provided in this article, the commissioner of education must revoke the license of such teacher. (761) No public money of the state may be apportioned by the commissioner of education or paid for the benefit of any city until the superintendent of schools therein shall have filed with the treasurer or chamberlain of such city an affida- vit, and with the commissioner of education a duplicate of such affidavit, that he has made thorough investigation as to the facts, and that to the best of his knowledge, infor- mation and belief, all the provisions of this article have been complied with in all the schools under his supervision in such city during the last preceding legal year; nor shall any 204 Trustees: Course of Study [Part I public money of the state be apportioned by the commis- sioner of education or by school commissioners, or paid for the benefit of any school district, until the president of the board of trustees, or in the case of common school districts the trustee or some one member of the board of trustees, has filed with the school commissioner having jurisdiction an affidavit that hs has made thorough investigation as to the facts and that to the best of his knowledge, information and belief, all the provisions of this article have been com- plied with in such district, which affidavit shall be included in the trustees' annual report. (761) It is the duty of every school commissioner to file with the commissioner of education an affidavit in connection with his annual report, showing all districts in his jurisdiction that have and those that have not complied with all the provisions of this article, according to the best of his knowl- edge, information and belief, based upon a thorough inves- tigation by him as to the facts; nor may any public money of the state be apportioned or paid for the benefit of any teachers' training class, teachers' institute or other school mentioned herein until the officer having jurisdiction or supervision thereof has filed with the commissioner of educa- tion an affidavit that he has made thorough investigation as to the facts and that to the best of his knowledge, iilfor- mation and belief, all the provisions of this article relative thereto have been complied with. (761) The principal of each normal school in the state must at the close of each school year file with the commissioner of education an affidavit that all the provisions of this article applicable thereto have been complied with during the school year just terminated and until such affidavit shall be filed no warrant shall be issued by the commissioner of educa- tion for the payment by the treasurer of any part of the money appropriated for such school. (761) * It is the duty of the commissioner of education to provide blank forms of affidavit required herein for the use by the local school officers, and he must include in his annual report a statement showing every school, city or district which has District] Kindergartens 205 failed to comply with all the provisions of this article during the preceding school year. (761) On complaint by appeal to the commissioner of education by any patron of the schools mentioned in the last preceding section, or by any citizen, that any provision of this article has not been complied with in any city or district, the com- missioner of education must make i:nmediate investigation, and on satisfactory evidence of the truth of such complaint, must thereupon and thereafter withhold all public money of the state to which such city or district would otherwise be entitled, until all the provisions of this article shall be complied with in said city or district, and shall exercise his power of reclamation and deduction. (761, 462) Trustees may establish and maintain one or more free kindergarten schools. The moneys for the support of such schools are to be raised in Hke manner as for the support of the other pubhc schools of such district. No child under the age of 4 years shall be admitted to the schools, and the local school authorities are here- by empowered to fix the highest age limit of children who may attend. (840) (107 Cal 187. 18 Colo 234. 83 Pac 250) All teachers employed in these schools must be licensed in accordance with rules and regulations established by the commissioner of education, and share in the distribution of district quotas. The attendance of children under the age of 5 years who may be enrolled in the schools must be reported separately and will be counted in the distribution of public money. (840) It is the duty of the authorities of every public school in this state to assemble the scholars in their charge on Arbor day, the Friday following May 1, in the school building, or elsewhere, as they may deem proper, and to provide for and conduct, under the general supervision of the city superintendent or the 206 Trustees: Course of Study [Part I school commissioner, or other chief officers having the general oversight of the public schools in each city or district, such exercises as shall tend to encourage the planting, protection and preservation of trees and shrubs, and an acquaintance with the best methods to be adopted to accomplish such results. (740-1) The commissioner of education has power to prescribe from time to time a course of exercises and instruction in the subjects hereinbefore mentioned, which are to be adopted and observed by the pubhc school authorities on Arbor day, and upon receipt of copies of such course sufficient in number to supply all the schools under their supervision, the school commissioner or city superintendent aforesaid must promptly provide each of the schools under his or their charge with a copy, and cause it to be observed. (742) The legislature must annually make an appropriation for carrying out the provisions of this article, upon the recom- mendation of the commissioner of education. (743) Text-books are usually adopted by the trustees and these, and these only, are to be used by the pupils. (12 Allen 127, 95 111 263, 38 Me 376, 59 N H 473. 29 Ohio 89, 32 Vt 224. But see 79 111 567 87 111 303, 50 la 1 52, 35 Wis 59) In New York district schools, the district adopts the text-books. (580) In Ga. the teacher may not receive pay if he permits the pupil to use other than the prescribed text-books. In most states pupils may be refused admission whose parents fail to provide them with the proper text-books for their classes. (2 111 A 584, 108 Ind 31) Ariz, and Ore. forbid the child to be excluded till his parents have had one weeks' notice. Most states make provision for supplying text-books to children whose parents are unable to purchase them. (45 N W 289) In 1881, Sup't Gilmour of New York decided that a pupil could not be suspended for failing to procure a certain kind of District] Grading Pupils 207 lead-pencil for drawing (5. B. viii. 135). In 1879, the Ohio court of common pleas in the case of Wm. A. Tucker vs. Pomcroy board of education, held that a pupil could not be suspended for refusing to purchase a drawing-tablet, as the parent had the right to select which studies his child should take and to direct her to omit drawing. — 5. B. vi. 97. See pages 208-13. Grading of pupils that is, directing how advanced classes pupils shall enter, is in the hands of the teacher, subject to such rules and courses of study as may have been established by the trustees. In schools where there is a principal or a superintendent, this responsibility is confined to him. There is no appeal from the action of the teacher. In N. D. the appeal is to the county superintendent. The Oregon law says teachers have the right, and it is their duty, within reasonable limits, to direct and control the studies of their pupils; to arrange them in proper classes, and to decide, subject to these rules, what and how many studies each shall pursue. Arizona says all pupils who have fallen behind their grade by absence or irregularity of attendance, by indolence or inattention, shall be placed in the grade below at the discre- tion of the teacher. The regulation of the grade of schools, the transfer of a school from one grade to another, and the grading or classification of teachers are within the power of the board. (40 Al. La 806) In 1901, the Philadelphia board was sustained in ruling that only graduates of the school of pedagogy were eligible for 7th and 8^h grades of boys grammar schools. Susan Matilda Scott was elected in 1896 by the sectional board of the 8th district of Philadelphia principal of the Locust street mixed grammar school. The board of educa- tion refused to confirm, since by their by-laws no woman 208 Trustees: Course of Study [Part I cotild be principal of a mixed grammar school. She got no pay for two years service. — A''. Y. School Journal, Oct. 8, 1898. Compelling pupils to follow the course of study was formerly considered an unquestionable prerogative of the teacher. (48 Gal 36, 5 Gush 198. 8 Gush 160, 50 la 152, 27 Me 281, 38 Me 376, 38 Mo 679. 59 N H 473, 23 Pick 224. 32 Vt 224) One Iowa decision held that if it is necessary for the good of the school that the pupil should study certain subjects that the parent objects to his pursuing, the teacher may not only enforce the study by beating the pupil, but may expel or suspend. (1 la 359, 50 la 152) Thus composition might be required of all and a girl might be expelled for refusing to declaim, even though her father had conscientious scruples against females' speaking in public. (D. 1874). (59 N H 473, 32 Vt 224, 35 Wis ,59) In November, 1871, Superintendent Clark, of Defiance, Ohio, suspended the son of J. J. Sewell, for persistent failure to have at the proper time his rhetorical exercises. The father brought suit for $1,000 damages. On appeal to the Supreme Court, under sec. 54 of the act of May 1, 1873, the decision of the lower court was affirmed that there was no cause of action, and the defendant was allowed the costs of prosecution. (29 Ohio 89, 110 S W 346) For similar case in Stillwater, Minn., see S. B. vi. 97. In a N. H. case the court held: "However judicious it may be to consult the wishes of parents, the disintegrating princi- ple of paternal authority to prevent all classification and destroy all system in any school, public or private, is unknown to the law." (59 N H 473) A Wisconsin decision called attention to the fact that the modern tendency of opinion is toward holding that the school is for the child, not the child for the school. ^ On Dec. 18, 1872, Annie Morrow began teaching a district school in Grant county. James Wood sent his son, a boy District] Compelling Pupils to Follow it 209 about 12 years of age, to the school. The defendant wished his boy to study orthography, reading, writing, and also wished him to give particular attention to the subject of arithmetic, for very satisfactory reasons which he gave on trial. In addition to these studies the plaintiff at once required the child to also study geography, and took pains to aid him in getting a book for the purpose. The father on being informed of this, told the boy not to study geog- raphy, but to attend to his other studies, and the teacher was properly and fully advised of this wish of the parent, and also knew that the boy had been forbidden by his parent from taking that study at that time. But claiming and in- sisting that she had the right to direct and control the boy in respect to his studies, even as against his father's wishes, she commanded him to take his geography and get his lesson. And when the boy refused to obey her and did as he was directed by his father, she resorted to force to compel obedience. All this occurred in the first week of school. * * * * Under the circumstances, the plaintiff had no right to punish the boy for obedience to the commands of his father in respect to the study of geography. She entirely exceeded any authority which the law gave her, and the assault upon the child was unjustifiable. (35 Wis 59) Interesting contemporary expressions of opinion by leading educators were printed in The School Bulletin, i. 88, and were quoted in former editions of this volume. In 111. a boy had omitted, on account oi ill-health, the study of English grammar. On application he was admitted to a high school. The teachers of the school discovered that he was deficient in this study, and they required him to pass an examination for it. Not complying he was expelled. A mandamus was issued to compel the trustees to admit him again. The trustees took an appeal, and the Supreme Court affirmed saying " No particular branch of study is compulsory upon those who attend school. (87 111 303) A girl was expelled from a public school because, under the direction of her parents, she refused to study book-keeping. She instituted an action of trespass against the directosr 210 Trustees: Course of Study [Part I and principal of the school, and on trial in the court below the jury found a verdict in her favor, and assessed the dam- ages at $136. On appeal it was affirmed by the court: "A statute which enumerates the branches that teachers shall be qualified to teach, gives all the children in the State the right to be instructed in those branches. But neither teachers nor directors have power to compel pupils to study other branches, nor to expel a pupil for refusing to study them." (87 111 303) (79 Ind 567. 9 N W 356, 48 N W 393, 32 Vt 224) Carl Hal let, a pupil in the union free school at Riverhead, refused to declaim, following in the matter his father's directions. He was expelled from school, and action was brought against the principal and board of education before the Supreme Court, April 26, 1877. In his charge to the jury, C. E. Pratt, justice, spoke as follows: In my private opinion this requirement upon the part of these trustees and of this teacher was a perfectly reasonable one, and one which they should have been permitted to enforce. I may say further, and I think you will all agree with me, that it is utterly useless to attempt to conduct a public school unless there is secured by certain rules and regulations a thorough discipline; and more particularly is it necessary that it should be imderstood by those who partake of the benefits of the system, that the rules, whatever they may be, are to be impartially enforced. In thus stating my private opinion, however, I would impress upon your minds the fact that it is immaterial what may be your or my personal feeling upon any matter of this kind. We are bound to accept the law as we find it. If the law is wrong it is not for you to rectify it. There is no safety in the administration of justice unless the laws are strictly carried out. In this case I am confident there are members upon this jury who, controlled as they are by their feelings of regard for the common school system, and knowing as they do the necessity of upholding the hands of those who have the schools in charge, would hesitate for a long time before rendering any verdict against the defendants, however District] Compelling Pupils to Follow it 211 clear the law might be, if any excuse could be found which would satisfy their consciences in thus withholding it. Hence, in order that this question may be determined, I propose to relieve you from any responsibility in deciding the main issues in this case by saying to you that you must find a verdict for the plaintiff; and the only question which I pro- pose to submit to you is that of damages. And while stating to you, as I have done, my private opinion and feeling upon this subject, I must at the same time say, that from reading the decisions of courts in other states upon laws the provis- ions of which are similar to those under which this school in question was established and is regulated, I feel constrained to say that there must, upon the facts of this case, be techni- cally a verdict for the plaintiff. In explanation it is perhaps proper that I should state that the rule of law is that this board of trustees may desig- nate a course of study, within the authority delegated to them by statute, and that they may also prescribe the text- books to be used in pursuing this course of study. And you see the necessity of this. It would be utterly impossible to conduct any school if every parent should undertake to dictate as to the character of the text-book to be used by the scholar. Take a school of two or three hundred scholars and as many different kinds of text-books, and you would have about as many classes as students ; and hence the school could not be classified at all, and the great object in view, that is, the public benefit which is to be obtained from grouping together of children and educating them at the public expense — would be utterly lost. The law has therefore provided that these trustees shall have a wide discretion in making rules, not only for the' government and discipline of the school while it is in session, but also that they may regulate the various classifications and gradations, and designate text- books that shall be used in the schools. But here comes the question whether, in addition to the course of study prescribed by statute, the trustees shall be permitted to say that a child shall pursue a study which the parent who is the guardian and has the control, nurture, 212 Trustees: Course of Study [Part I and education of the child, desires that the child shall not pursue. / am constrained to hold the law to be that where there is an irreconcilable difference of opinion between the teacher, or the board of trustees, and the parent, in regard to a study which is not incltided among those that the trustees are empowered to prescribe, the will of the parent must control. I think that the law has not taken away the natural right of the parent to control the education of the child in that regard; and the parent is presumed to know the capacity, the temperament, and the qualifications of the child, and his ability to take any particular study or not. When the teacher or the trustees undertake to say that a child shall pursue a partic- ular study which is not included in the statutory list of studies I think they exceed their authority. And when that is made the basis of an attempt to deprive the child of its right to attend school, and enjoy the benefits which arise from the laying of a common burden upon the community, I hold that they are liable, technically liable, for the act. Of course the parent cannot dictate that the child shall take a study which is not included in the regular, prescribed list. This duty, this obligation, is reciprocal. The parent cannot say that the child shall study any branch not prescribed, nor can the school authorities insist that the child shall pursue a study not in the prescribed list, against the will of the parent. See also 5. B. vi. 97. It will be observed that this New York decision applies only to studies not prescribed in ihe slalute. But as it plainly follows the rulings of the western courts, we give a further quotation from the Wiscon- sin decision already referred to: In our opinion, there is a great and fatal error in this part of the charge, in asserting or assuming the law to be that upon an irreconcilable difference of views between the parents and teachers as to what studies the child shall pursue, the author- ity of the teacher is paramount and controlling. We do not understand that there is any recognized principle of law, nor District] Compelling Pupils to Follow it 213 do we think there is any recognized rule of moral or social usage, which gives the teacher an absolute right to prescribe and dictate what studies the child shall pursue, regardless of the views or wishes of the parent. From what source does the teacher derive this authority? Ordinarily, it will be conceded, the law gives the parent the exclusive right to govern and control the conduct of his minor children; it is one of the earliest and most sacred duties taught the child to know and obey its parents. The situation is truly lamentable, if the condition of the law is that he is liable to be punished by the parent for disobeying his orders in regard to his studies, and the teacher may lawfully chastise him for not disobeying his parents in that particular. (35 Wis 59) It was held by the supreme court of Oklahoma in 1909 that the parent has a right to make a reasonable selection even from the prescribed studies for ths child to pursue, and that this selection must be respected by the trustees, as the right of the parent in that regard is superior to that of the trustees and the teachers. (31 Neb 552, 57 Neb 188, 35 Nev 6. 48 N W 393, 52 N W 710, 77 N W 662) This is especially true of religious instruction, the controversies in regard to which have been so fre- quent that we give the subject a separate chapter. CHAPTER XVIII Trustees; Religious Instruction In New York the decisions of the State Department have uniformly denied the right to insist upon re- ligioiis exercises of any kind. In the year 1853, Margaret Gifford, a common-school teacher in South Easton, Washington county, ordered William Callaghan, a pupil aged twelve years, "to study and read the Protestant Testament" He declined to do so on the ground "that he was a Catholic, and did not believe in any but the Catholic Bible". The teacher consulted the trustees on the subject, and on the next day again required the boy to read out of the King James Bible. The boy declared "his unwillingness to disobey the orders of his parents and violate the precepts of his religion", whereupon the teacher "chastised him severely with her ferule and then expelled him ignominiously from the school." An appeal was taken to Henry S. Randall, then Superin- tendent of Common Schools, who quoted and endorsed the following opinion of his predecessor, John C. Spencer: ' ' Prayers cannot form any part of the school exercises, or be regulated by the school discipline. If had at all, they should be had before the hour of 9 o'clock, the usual hour for com- mencing school in the morning, and after 5 in the afternoon. If any parents are desirous of habituating their children to the practice of thnking their Creator for his protection during the night, and invoking his blessing on the labors of the day, they have a right to place them under the charge of the teacher for that purpose. But neither they nor the teacher have any authority to compel the children of other parents who object to the practice from dislike of the individual or his creed, or from any other cause, to unite in such prayers. And, on the other hand, the latter have no right to obstruct (214) District] The New York Ruling 215 the former in the discharge of what they deem a sacred duty. Both parents have rights; and it is only by mutual and recip- rocal regard by each to the rights of the other that peace can be maintained or the school can flourish. The teacher may assemble in his room before 9 o'clock the children of those parents who desire him to conduct their religious exer- cises for them ; and the children of those who object to the practice will be allowed to retire or absent themselves from the room. If they persist in remaining there, they must conduct with the decortim and propriety becoming the occasion. If they do not so conduct, they may be dealt with as intruders." — Orders and Decisions,vni. 102. Superintendent Randall, after stating that this is the first instance in which an appeal in regard to the reading of the Bible has been brought before the Department, then goes on to discuss the general question of the connection of intel- lectual and religious instruction, and concludes as follows : "I believe the Holy Scriptures, and especially that portion of them known as the New Testament, are proper to be read in the schools by pupils who have attained sufficient literary and mental culture to understand their import. I believe they may, as a matter of right, be read as a class-book by those whose parents desire it. But I am clearly of the opinion that the reading of no version of them can be forced on those whose consciences and religion object to such version. "Assuming the facts stated in the complaint to be true, I consider the conduct of the teacher, Margaret Gifford, to be not only unwarrantable but barbarous. That she should not only 'ignominiously expel' the pupil, but that she should gratuitously inflict a preliminary castigation on a child of tender years, who plead the 'commands of his parents and the precepts of his religion' against the obeyal of her orders, betrays feelings as unusual to her sex as repugnant to the mild precepts of that Gospel which, I trust, with honest though certainly with mistaken zeal, she attempted to uphold. Perhaps she deserves a lesser measure of reprehen- sion if she acted, as would appear, though it is not expressly stated, under directions of the trustees. But neither the 216 Trustees : Religious Exercises [Part I trustees, the majority of the people in the district, the town superintendent, nor all of these united, would have power to authorize such an outrage." — N. Y. Teacher, ii. 279-282. In accordance with this decision, it has been uni- formly ruled that pupils cannot he compelled to attend religious services (D 1753, 1763), and that the law gives no authority, as a matter of right, to use any portion of the regular school hours in conducting any religious exercises at which the attendance of pupils is made compulsory (D 185, 13 Barb 400). As to re- ligious garb, see page 79. Religious opening exercises prevail in a large pro- portion of New York schools, Catholic children being permitted to remain outside till the exercises are con- cluded if their parents choose to have them, which is seldom the case. This last permission is usual where Bible reading is permit- ted (12 Allen 127, 64 la 367), but it has been held in 111. that a boy could be expelled for studying his lessons while the Bible was being read (95 111 263), in Mo. that the trustees could compel the reading of the Bible (38 Mo 679), and in Me. that a child could be expelled for refusing to read it (38 Me 376). In 1900 the city of Utica rescinded the rule permitting reading the Bible and appropriate singing. In other states usage depends upon the interpre- tation of the courts of what may be considered sec- tarian instruction. "Sectarian instruction is instruction in religious doctrines which are believed bv some religious sects and rejected by others." "Reading the bible is sectarian instruction, and the fact that the children are not obliged to remain in the schoolroom during such reading does not remove the cause for complaint." (76 Wis 177) District] What is Sectarian 217 New York gives this definition. "Any school of which the charter, by-laws or rules provide that the students, teachers, trustees, or the voters who elect the trustees, shall belong to any particular religious body, or any school in which any distinctly denom- inational tenet or doctrine is taught, shall be deemed and treated as sectarian. The name of the school, the sources from which its funds are derived, or the denominational connection of its trustees, teachers or students, shall not be construed as determining its character if under its charter, by-laws and rules the official positions named are not in any way limited to any denomination. Any school of which the prin- cipal and the president of the trustees shall certify that under the terms of this rule it is unsectarian shall be considered till after special inspection and report the regents shall declare it to be sectarian." In 1869, the Cincinnati school board was restrained from permitting the reading of the Bible (2 Ohio St 386, 4 Ohio St 571) ; in 1875 the Chicago board was upheld in forbidding it (95 111 263). New Haven forbade it in 1878. (20 Am St 41, 59 L R A 927, 91 N W 846) Wash, prohibits Bible-reading; Ariz, revokes the certificate of any teacher who conducts religious exercises in school. In other states it is held that the Bible is not a sec- tarian book. (12 Alien 127, 7 Am L R 417, 179 Am St 599,95 111 262. 38 Me 379 2 Ohio 56, 7 Pa St 58."^, 109 S W 115) It has been held that while the Bible itself is sectarian, a book of selections from it is not sectarian. (29 Am S 41) A teacher who to quiet the pupils and prepare them for their work repeats the Lord's prayer and the 23d Paslm as a morning exercise does not conduct a form of religious worship. 105 Am St 148, 117 Am St 599, 66 L R A 166) 218 Trustees: Religious Exercises [Part I Carl S. Bitner was imprisoned in the police court of Morris- ania, N. Y. city, for refusing to send his son Carl to No. 62 The teacher had given for dictation this sentence from Longfellow: "Let us do our work well, both the seen and the unseen, rhake the house where God may dwell beautiful, entire and clean." Young Bitner left out the word "God", saying that his father had forbidden him either to utter or write the word. The teacher sent him home. Bitner said he was an atheist and did not wish any "nonsensical" ideas inculcated in his children. The case was dismissed on condition that Bitner should send the child to school. — New York School Journal, March 3, 1900. The school law of Ark. forbids granting a certificate to a teacher who does not believe in a Supreme Being, and that of R. L advises the rejection of any teacher who is in the habit of ridiculing, or scoffing at religion, while 111. says the author- ities may select a teacher belonging to any church or to no church as they think best. (121 111. 297) In N. D. and S. D. the Bible may not be deemed a sectarian book, or excluded from any public school. It may at the option of the teacher be read without sectarian comment, not to exceed 10 minutes daily. In 1904 Judge J. P. Herbeson of Ky. dismissed petition for injunction against the school trustees of Brookville against reading the Bible and offering prayer, holding that the Bible is at the foundation of christian government. The supreme court of Nebraska holds that the right of all persons to worship Almighty God according to the dictates of their own consciences is declared by the constitution of that state to be a natural and indefeasible right. There is nothing in the constitution and the laws of the state, nor in the history of its people, upon which to ground a claim that it is the duty of the government to teach religion. The whole duty of the state with respect to religion is "to protect every religious denomination in the peaceable enjoyment of District] Different Views in Different States 219 its own mode of public worship". Enforced attendance upon religious services is forbidden by the constitution, and pupils in a public school cannot be required either to attend such services, or to join in them. A teacher in a public school being vested during school hours with a general authority over his pupils, his requests are practically commands. It is immaterial whether the objection of a parent to his children attending and participating in a religious service conducted by a teacher in the schoolroom during school hours is reason- able or unreasonable. The right to be unreasonable in such matters is guaranteed by the constitution. The law does not forbid the use of the Bible in the public schools; it is not proscribed either by the constitution or the statutes; and the courts have no right to declare its use to be unlawful because it is possible or probable that those who are privileged to use it will misuse the privilege by attempting to propagate their own peculiar theological or ecclesiastical views and opinions. The point where the courts may rightfully inter- fere to prevent the use of the Bible in the public school is where legitimate use has degenerated into abuse, — where a teacher employed to give secular instruction has violated the constitution by becoming a sectarian propagandist. Whether it is prudent or politic to permit Bible reading in the public school is a question for the school authorities, but whether the practice of Bible reading has taken the form of sectarian instruction is a question for the courts to deter- mine upon evidence. It will not be presumed in any case that the law has been violated. Every alleged violation must be established by competent proof. (93 N W 169) It was held in Ohio in 1900 that an injunction will not lie to restrain a teacher from reading the Bible in the school contrary to a resolution of the board of education, the rem- edy of the board being either to discharge the teacher or to rescind the rule. Religious services in the sdioolhouse may be per- mitted in New York by the trustees, where there is no opposition in the district, but must be forbidden 220 Trustees : Religious Exercises [Part I when they would cause dissension (D 3577, 3651, 3707, 4021, 461, 4164, 4419). See page 173. (42 111 441, 93 111 61, 9 Ind 458, 35 la 194, 50 la 11, 24 Vt 528) So in Ark. N J. Utah, W. Va. But in some states they are forbidden. (27 Conn 499, 15 Kan 259, 10 Mo 560 67 Mo 301, 16 Wis 316) CHAPTER XIX Trustees: Corporal Punishment The right to make rules implies the power to en- force them, and the infraction of all reasonable rules may be punished. (116 N W 232) If the court upholds the rule under which expulsion was made it will not review the board's finding that the pupil violated the rule. (56 la 476, 97 la 526. 100 la 317, 129 la 997, 66 N W 765, 69 N W 544) It is only when the rule is unreasonable or beyond the exercise of discretion that the courts will say the board was unauthorized. (116 Ind 11, 30 la 429, 56 la 476, 63 111 353, 17 LI A 386. Ill Ind 472, 486. 116 Ind 11, 93 Minn 3.32) But the presumption is in favor of the board. (31 la 562. 42 la 522, 95 111 263, 157 Mass 561) There are two final resorts in case of disobedience, corporal punishment and expulsion. (1 City Hall Rec 55, 2 Dev & Bat 365, 4 F & F 202, 3 Head 455, 45 la 248 84 111 A 270, 2 Ired 50, 19 N C 365, 68 N C 322, 71 N H 619, 2 Pa L J R 78. 19 Vt 102, 29 Vt 102, 32 Vt 114, 45 Wis 150) A legal right to enforce discipline by means of cor- poral punishment exists in all schools where it has not been expressly forbidden by statute or by regulation. This is conferred by usage and confirmed by legal de- cision. — Blackstone's Commentaries, i. 453. The state of New Jersey, and some cities like New York and Syracuse, forbid corporal punishment. (221) 222 Trustees : Corporal Punishment [Parti The master is in loco parentis, in the place of the parent, and has such portion of the powers of the parent committed to his charge, viz. : that of restraint and coercion, as may be necessary to answer the pur- poses for which he is employed. — Blackstone s Com- mentaries, i. 453; Bishop's Common Law, 7th ed., 882; Schoiiler's Domestic Relations, 4th ed.. Sec. 244; Addison on Torts, Wood's ed., Sec. 840. (88 Ala 169, 3 Am St 645, 16 Am St 31, 4 Gray 36 5 Pa L J R 78, 45 Wis. 150) In one point the teacher's rights are greater than those of the parent. The teacher could no doubt expel a pupil for an offence which would not justify the parent in turning a son out of doors. — Williams, p. 274. The schoolmaster has a right to give moderate corporal correction to his pupils for disobedience to his lawful com- mands, for negligence, or for insolent conduct. A school- master, tn his own right, and not by delegation, possesses this authority. — Reeves's Domestic Relations, p. 534. The law relating to public and private schools is the same as far as relates to the discipline of the school (49 N H 473). In case of a private school, the parent may withdraw the child at any time, and thus terminate the teacher's delegated right. (23 Q B 305, 24 Q B 283) If a person over 21 years old voluntarily attends school, he is subject to the same discipline as children of school age (45 la 248, 27 Me 266, 35 Wis 59). A man teacher has been sustained for whipping a woman pupil 21 years old (4 la 248). In New York the right to inflict corporal punish- ment is affirmed by statute. To use or attempt, or offer to use, force or violence upon or toward the person of another is not unlawful District] A Statute Right in New York 223 when committed by any guardian, master or teacher in the exercise of a lawful authority to restrain or correct his child or scholar, and the force or violence used is reasonable in manner and moderate in degree. (88: 1909) So in English act f or Pre vention of cruelty to children, 1899 : "Nothing in this act is to be construed to take away the right of any parent, teacher, or other person having the lawful control of the child, to administer punishment." But even here the teacher is subject to the rules es- tablished by the trustees. When the trustees have made a rule forbidding corporal punishment, the teacher may not inflict it. (D 4355) On the other hand the education department ruled April 4, 1901 that when the trustees of any school district authorize or direct corporal punish- ment to be administered, it is the teacher, not the trustees, that administers the punishment and the trustees have no authority to direct the kind of pun- ishment to be used or the extent of punishment. The principal may of course punish for offences com- mitted in other departments of the school. A school teacher while in the school-room is re- sponsible for maintaining good order, and he must be the judge to some extent of the degrees and nature of the punishment required when his authority is set at defiance; and although he will be held amenable to the law for any abuse of this discretion, still he will not be held liable on the ground of excessive punishment unless the punishment is clearly excessive, and would be held so in the judgment of reasonable men. The 224 Trustees : Corporal Punishiaent [Part I teacher should have the benefit of the doubt. — Kent's Commentaries. 203-206; Wharton's Criminal Law, 9th ed. Sec. 632. (3 Am St 146, 102 Am St 527, 3 Head 445, 74,111 A 270, 69 Ind 295, 78 Me 509, 63 N C 1, 78 N C 322, 9 N H 722, 5 PaL J 78, 5 S W 122, 106 S W 359, 20 Vt 487, 27 Vt 755, 45 Wis 150 B jt see 7 Me 273) The law presumes that the teacher acts correctly and with justice, and it must be shown by evidence that he has not so acted. — Cooley's Constitutional Limitations, 421. The teacher has even been sustained for whipping a child for coughing in school, when in his judgment it was done voluntarily to disturb the school. (64 N H 297) In a decision rendered by the New York general term at Ithaca, 1879, where a boy was punished for addressing an indecent remark to a woman teacher, the court held : There can be no doubt that the boy deserved a sound punishment. He was old enough to know the meaning of the words and the gross impropriety of using them to any teacher, and especially to a lady. And when the offence was undoubtedly committed, and was wilful and indecent, and the offender was no longer a mere child, neither courts nor juries should be quick to criticise an excess of severity in to which the proper indignation of the teacher may have led him. In Potter's "Devorris", page 518, it is said that "In deciding questions of discipline the teacher acts judicially and is not to be made liable, either civilly or criminally unless he has acted with express malice and been guilty of such excess in punishment that malice must be implied." And again at page 530: "When the correction administered is not in itself immoderate and therefore beyond the authority of the teacher, its legality or illegality must depend entirely we think on the quo animo with which it is administered. Within the spliere of his author- ity the master is the judge where correction is required, atid the degree of correction necessary, and like others entrusted with a discretion, he can not be made penally responsible for error of District] Cause; Force 225 judgment, but only for wickedness of purpose." — S. B. vi. 35. Evidence that the scholar was obedient in preceding years under other teachers is inadmissable. (106 S W 359) 1. Sufficient cause must be shown. The legal objects and purposes of punishment in schools are like the objects and purposes of the state in punishing the citizen. They are three-fold: (1) the reformation and highest good of the pupil; (2) the enforcement and maintenance of correct discipline in school ; (3) as an example to like evil doers. And in no case can the punishment be justifiable unless it be inflicted for some definite offence or offences which the pupil has committed, and the pupil is given to understand he or she is being punished for. * * * j^ does not require the teacher to state to the pupil in clear and distinct terms the offence for which he or she is being punished. It only requires that the pupil as a reasonable being, should understand from what occurs for what the punishment is inflicted. (50 la 152) In Ind. a rule requiring pay for school property wantonly or carelessly destroyed should not be enforced by corporal punishment. (18 N E 266) 2. Any required force may be employed. It is the teacher's first duty to be master of the school. A teacher may use whatever force is necessary to take a pistol away from a pupil. (21 Tex 36) In 1880 Francis J. Cheney, then principal of the Dryden school expected resistance and asked two of the larger boys to assist hiin in case there should be resistance. As expected, the boy rebelled, assuming a threatening position and declaring de- fiantly that he would not be whipped. At this point the two pupils laid the boy on the floor and held him down while the teacher whipped him with a maple ruler. The case was tried before the court of special sessions, and the defence insisted that when the law gave the teacher a right to inflict punish- ment it gave him also the right to choose the means of punish- ment and that it was more to his credit to call in sufficient help to inflict the punishment in a proper and humane manner 226 Trustees : Corporal Punishment [Part I than it would have been to enter into a fight with the pupil. A Maine decision (27 Me 266) was quoted, where it was decided that a scholar who placed himself in the teacher's desk and refused to leave it might be removed by the assist- ance of other pupils whom the teacher summoned. The jury- brought in a verdict in favor of the teacher. — 5. B. vi. 82. On July 21, 1865, John G. Lewis, principal of one of the public schools of New Haven, Conn., was brought before the city court for assault and battery on Francis M. Hoban, one of his pupils. The court stated the case and decided it as follows : "On the 21st of July last, and during the regular school hours, Mr. Lewis, as a punishment for some supposed misde- meanor on the part of young Hoban, directed him to take his book and go to the recitation room. The order was reluctant- ly obeyed. At the closing of the school, but before the pupils had retired, he came out of the room without permission, and was immediately ordered back by the teacher. The order was several times repeated and Hoban repeatedly refused to obey. Seizing two or three brushes, which were lying near by, with oaths and language most foul, and threats of violence if the teacher approached him, he dared him to come on, and all this in the presence of a large number of the scholars. Hoban is a boy 14 years of age, of fair size for his years, and, as it would seem, posessed of more than ordinary strength. It is clear, under all the circumstances, there was but one course for the teacher to pursue. He must vindicate his authority. It was necessary for the good of the school, as well as of the boy himself, that he should learn obedience and submission to that authority. For the milder offence, a milder punish- ment had been inflicted by sending him to the recitation- room to study by himself. For the more serious offences, the insults to the teacher, the refusal to obey a proper com- mand, the vulgar and profane language, the threats to kill the teacher if he should attempt to whip him, it was manifestly fitting and proper that he should receive a severe punishment. Mr. Lewis now approached the boy, who endeavored to strike him with the brushes. A struggle ensued, in which the District] Violence; Instrument 227 teacher, notwithstanding the violent resistance of the pupil, succeeded in pushing him into the recitation-room; but I do not find that he used more force than was necessary to accom- plish this object. I do not find that the whipping was either cruel or excessive, and though severe, taking into consider- ation all the circumstances under which it was inflicted, it was not in my judgment unreasonable, but entirely justifiable. The accused is therefore discharged." — Am. Ed. Mo. ii. 372. In England it has been held that where a schoolmaster wrote to a parent and obtained the parent's consent to beat the pupil severely to subdue his alleged obstinancy, and the teacher beat the boy for two hours and a half secretly in the night, and with a thick stick, until the pupil died from the effects of the beating, such teacher was guilty of manslaughter only, no malice having been proved. (2 F & F 202) 3. No unreasonable violence must be employed A school teacher is liable criminally if, in inflicting punish- ment upon his pupil, except necessarily in self-defence where the pupil attacks him, he goes beyond the limit of reasonable castigation, and either in mode or degree of correction, is guilty of unreasonable or disproportionate violence. Whether the punishment was excessive under the circumstances, is a question for the jury. (2 F & F 202, 3 Head 455 4 Gray 36, 4 Ind 290, 5 Jones 98, 27 Me 281. 43 S W 1018) 4. The instrument must be suitable. There also can be no doubt that if a master were deliberate- ly to strike a pupil with some weapon dangerous in itself, and likely (considering the pupil's age and strength) to kill or maim, and death were to follow as a consequence of such improper correction, the master would be guilty of murder. — Russell on Crimes, 5th ed., i. 773; Archibald's Crim. Prac, j. 218; Bishop's Crim. Law, 7th ed., sees 881, 2. (2 Dev & Bat 365) 228 Trustees : Corporal Punishment [Part I A teacher who threw a pencil at a pupil to attract his attention is held to be liable for the destruction thereby of the sight of the pupil, if he did not act with ordinary care, and the injury was tha natural and probable result of his negligence. (65 L R A 890) 5. The part of the person to which it is applied must be such that no danger will result. In England a master gave a boy four strokes on the hand with a cane, and Judge Mathew acquitted the master, ruling: "When parliament lays down a chart showing the partic- ular regions of the body to which corporal punishment in schools is to be confined, the court will take care that these limits are not overstepped; at present there is no such chart." (53 J P 743, 6 T L R ^3) Feruling upon the palms of the hands, and whipping upon the legs and especially upon the fleshy part of the thighs, are the safest. In case the pupil attacks the teacher, however, the teacher w411 be sustained in defending himself by any blows that may be necessary. Boxing the ears is among the most unpardonable of punishments, as it may produce deafness. 6. Punishment must not be administered by the teacher in malice, and for the purpose of gratifying a malicious feeling, but only in a proper spirit, with the sole object of maintaining his authority and preserv- ing the order and decorum of his school. — Reeve's Dom. Rel., 4th ed., p. 357. Hence many schools have a regulation that corporal punishment shall be inflicted only after delay which will give the teacher's temper tinie to subside. In Ariz, any teacher before inflicting corporal punishment upon a pupil must first notify the parent or guardian and one member of the board of trustees of his or her intention at least one day before such punishment is to be inflicted, stating District] Illustrative Cases 229 the day and hour at which the punishment will be inflicted, and extending an invitation to such parent and one trustee to be present. The Arizona statute also provides that the punishment must not be inflicted in the presence of the school. It must be kept in mind that all such specifications assume that the teacher's authority is undisputed. Where that is attacked and he must defend himself and it, rules like this no longer apply. 7. The punishment should bear proportion to the gravity of the fault, and be graduated according to the age, strength, and mental condition of the pupil. A beating which would be a trifling punishment to a strong lad of 1 4 years, might be an act of extreme cruelty to a child of 5; and a punishment inflicted for failing to learn a lesson, which might be just and reasonable in the case of a child of ordinary intelligence, might be little short of barbar- ous in the case of one of low mental development. (88 Ala 169, 11 Cox 400, 5.3 Conn 481, 2 Dev & Bat 365, 2 F t P 202. 5 Pa L J R 78) No line can be drawn between the use of the rod and its abuse; but the following cases will illustrate actual decisions. In North Carolina Rachel Pendergast kept a school for small children, and punished one of them with a rod to such an extent as to leave marks, all of which were likely to pass away in a short time amd leave no permanent injury. The judge instructed the jury that if they believed that the child (six or seven years of age) had been whipped by the defendant at that tender age, with either a switch or other instrument, so as to produce the marks described to them, the defendant was guilty. The jury under this charge returned a verdict of guilty, and the case was afterwards argued in the higher courts. Here Judge Easton held teachers exceed the limits of their authority when they cause lasting mischief, but act within the limits of it when they inflict temporary pain. In 230 Trustees : Corporal Punishment [Part I this case the marks were teinporary, and in a short time disappeared. No permanent injury was done to the child. The only appearance that could warrant the belief or sus- picion that the correction threatened pennanent injury were the bruises on the neck and arms; and these, to say the least, were too equivocal to justify the court in assuming that they did threaten such mischief. "We think, also, that the jury should have been further instructed that, however severe the pain inflicted, and however, in their judgment, it might seem disproportionate to the alleged negligence or offence of so young and tender a child, yet if it did not tend to produce or threaten lasting mischief, it was their duty to acquit the defendant ; unless the facts testified induced a conviction in their minds that the defendant did not act honestly in the performance of duty, according to his sense of right, but under the pretence of duty was gratifying malice. (31 Am. Dec. 416) In Fairfield, 111., a boy over 14 failed to learn his grammar lesson. The teacher ordered him to take off his coat to be whipped, or to be expelled. The boy refused and was expelled. A controversy arose as to the demand made for the boy to pull off his coat. The superintendent's decision was as follows: "The law will not sustain the teacher in so barbar- ous an act as compelling a pupil to take off his coat and be whipped for failing to learn a lesson. Such an act would subject the teacher to prosecution, and I do not believe there is a court in the state that would not impose a fine upon him. * * * In my opinion, any teacher that cannot create an interest in his pupils on the side of good order and good lessons without resorting to such means, is not fit for the school-room, and the sooner a district dispenses with his services the better." — Ed. Weekly, Nov. 15, 1877. Four cases in New York will illustrate what has been held reasonable here. The facts appear to be that the pupil flatly refused to obey the teacher by not taking the seat he was directed to take. The teacher came towards the boy, intending to compel him District] Illustrative Cases, New York 231 by force to take the seat assigned to him. The boy, with an oath, bade the teacher not to come near him, and, as the teacher approached, the boy struck at him several times. The teacher caught the boy, and with force put him in his seat, the boy meantime kicking, striking, yelHng, and swear- ing. To stop this outrageous and unseemly noise, the teacher took the most effectual measure at his command ; he inter- cepted the passage of air between the lungs and the vocal organs long enough to suppress the disturbance, but not long enough to injure the boy. But the boy was not subdued by any such gentle restraint, for no sooner was he left alone than he ran out of doors. The teacher pursued and caught him and brought him back to the school-room, not, it appears, without some considerable force, for the boy was struggling with all his strength ; and it would really not be strange if in the struggle he received some severe blows. And for this the superintendent is asked to annul the certificate of the teacher. I decline to do anything of the kind. The teacher, in the matter of the boy, did no more than he was compelled to do; he might have done much more, and still be acquitted of inflicting cruel and unusual punishment. It was not cruel, and if it was unusual, it was only so because the con- duct of the boy was unusual. — Sup't Rice, March 24, 1862. A teacher, for an act of disobedience, ordered a boy 15 years of age, to hold out a book of the ordinary size used in school, at arm's lenght, level with his shoulder. The boy after holding it in that position from 5 to 8 minutes, let it fall and said he could not hold it any longer. On being ordered to hold it out again, he peremptorily refused. The teacher then with a curled maple rule, over 20 inches long, I J wide, and half an inch thick, struck him from 15 to 20 blows on his back and thighs, and in so severe a manner as to disable him from leaving the school without assistance. A physician was called, and found his backand limbs badly bruised and swollen. The teacher on the succeeding day sent him to a physician, who pronounced him "very badly bruised". It was ten or twelve days before he so far recovered as to be able to attend school. The superintendent expresses his unqualified dis- 232 Trustees : Corporal Punishment [Part I approbation of a punishment so severe and unreasonable. If the disobedience of the boy had been the result of sheer obstinacy and wilfulness, it could not justify the infliction of 15 or 20 blows with such a bludgeon upon the back and thigh of a boy, disabling him for a fortnight. Such a measure of punishment for such an offence would be sufficient ground for annulling a certificate. — Sup't Young, March 29, 1843. The only pupils in said school who complained that they were punished by the respondent in a cruel, unreasonable, excessive, and improper manner are Jessie Morgan, Anson Tobias, Richard D. Fish and Ernest L. Smith, each of whom has made an affidavit relative to the punishment received by him respectively. It appears from the proof that the respon- dent punished the pupil, Morgan, three times, twice with a ruler and once with a small piece of pine siding, by three or four blows upon his person. Morgan states in his affidavit that at one of these punishments he fainted ; but that is denied by the respondent, and it appears in proof that Morgan admitted to divers persons that he did not faint upon such occasion. It appears that Morgan was punished for running away from school, for getting angry and refusing to be shown in relation to a lesson, and refusing to obey his teacher and for conspiring with two or three of the large boys in the school to resist the respondent in the performance of his duties. That the pupil, Tobias, was punished for making an obscene mark and picture upon his desk. Tobias denied having made it, although one Ackerman saw him make it; but Tobias subse- quently admitted that he made it. The punishment was administered by means of a rubber tubing about | of an inch in diameter, applied upon his person. That the pupil, Smith, by means of a rubber syringe, threw water upon other pupils in the school during school hours; that he was kept after school hours and respondent gave him the choice of being punished or having his offence reported to the board of educa- tion, and that Smith replied he preferred to be punished, and thereupon the respondent punished him with a ruler applied to the person of said Smith. That the pupil, Fish, who is a son of the petitioner herein, was punished several times; District] Illustrative Cases, New York 233 once, on being kept after school hours for disorderly conduct in school, while the respondent was talking with him he became angry and struck the respondent with his fist, and the respondent slapped him upon his face with his hand and whipped him with a ruler ; on one occasion, on said Fish being kept after school hours and refusing to get his lessons and talking in an impudent and saucy manner to the respondent, he was struck two or three times by the respondent with a ruler ; and the last punishment received by Fish from respond- ent was on February 8, 1894, when he told an untruth to the respondent, was disobedient, became angry with, and saucy and impudent to the respondent, and caused the other pupils in the school to laugh by making faces behind the back of the respondent. The nature and extent of the punishment received by said Fish is set out in a number of affidavits by pupils present, and by both Fish and the respondent. Upon all the proofs presented as to the character of the punishment administered to the pupils, Morgan, Tobias, Smith, and Fish, by the respondent, I am of the opinion that such punishment was not cruel, unreasonable, or excessive. It is not shown that any of said pupils sustained any serious injury thereby ; but it does appear that the pupil, Fish, was a disturbing element in the school. (D 4252) In Nov., 1894, Miss Canfield, a teacher in the school at Marcellus, missed two cents from her desk, and believed a pupil named Charles E. George stole it. She testified that the boy had a new lead pencil, and told four conflicting stories as to how he got it. She reported him to Principal M.I. Hunt, who testified the boy also told him such conflicting stories that he finally took the boy down into the basement and spanked him with a piece of pine wood 15 to 18 inches long, \}/2 inches wide, and a quarter -inch thick — in other words a piece of lath. The boy then said he took the money and told where he bought the pencil. Suit was brought in the supreme court and the case was tried in 1895. Miss Canfield testified that the boy came back into the room with eyes moist, but not crying, and at the close of the school jumped down four stairs and started on a run down the street. Dr. Totman 234 Trustees : Corporal Punishment [Part I testified that the boy had sustained no serious injury, and a verdict for the defendant seemed to be inevitable. Yet the jury brought in a verdict for $100 against Mr. Hunt. — 5. B. xxi. 54. A comparison of the last two cases, decided the same year, will suggest how much safer it is for a teacher to trust such a case to the commissioner of education than to the courts (see page 145), and how great danger he encounters before a jury if he inflicts corporal punishment at all. Yet the jury usually acquits the teacher if his case is prop- erly presented. A comparison of the cases in which judg- ment against the teacher has been rendered suggests that often the teacher has hired some obscure lawyer because he was cheap. There is no safer advice than this: (1) keep out of the courts if you can; (2) if you must have a law suit get the best lawyer to be had, no matter what he charges. A change in sentiment is manifest in recent decis- ions. The teacher will not find it safe to rely upon modern confirmation by the courts of many decis- ions once rendered and long considered good author- ity. The old common law as to the extent of cor- poral punishment was as follows : The law confides to school teachers a discretionary power in the infliction of punishment upon their pupils, and will not hold them responsible criminally, unless the punishnient be such as to occasion permanent injury to the child, or be inflicted inerely to gratify their own evil passions. — Wharton's Criminal Law, 5th ed. i. 453. But this remark is also found in Cooley's Black- stone, 2d ed., i. 453: It may be proper to observe, however, that public senti- District] Modern Tendency 235 ment does not now tolerate such corporal punishment of pupils in schools as was fonnerly thought permissible and even necessary. See also Russell on Crimes, 5th ed., i. 773. •When such punishment is proved to have been excessive and cruel, it is illegal. (3 Head 455, 4 Ind 290, 19 Vt 102, 32 Vt 114) Every year this tendency is becoming more and more marked, and the teacher who cannot govern without severe corporal punishment will do well to retire from teaching before he is forced out. Thus Commissioner Draper of New York ruled ; It is shown that he has beaten several pupils on different occasions with a stick three or four feet long, until he has drawn blood upon and disfigured their hands and heads, raised ridges upon their bodies, and produced lameness which continued for a week or more. * * * The time has gone by when such indignities may be inflicted upon children, or such scenes as this testimony depicts may be enacted in the presence of a public school. A teacher who has not character and self-possession, and who has not yet learned how to maintain discipline in a better way, is no longer wanted. (D 3863) The Mont, school law says that any teacher who shall mal- treat or abuse any pupil by administering any undue or severe punishment, is deemed guilty of a misdemeanor, and upon conviction thereof before any court of competent jurisdiction may be fined in any sum not exceeding $100. In Indiana the court held: "In one respect the tendency of the rod is so evidently evil that it might perhaps be arrested on the ground of public policy. The practice has an inherent proneness to abuse. The very act of whipping engenders passion, and very generally leads to excess. Where one or two stripes only were at first intended, several usually follow, 236 Trustees : Corporal Punishment [Part I each increasing in vigor as the act of striking influences the passions. Hence, the spirit of the law is, and the leaning of the courts should be, to discountenance a practice which tend to excite human passions to heated and excessive action, ending in abuse and breaches of the peace. * * * * One thing seems obvious. The very act of resorting to the rod demonstrates the incapacity of the teacher for one of the most important parts of his vocation — namely, school gov- ernment. For such a teacher the nurseries of the republic are not the proper element. They are above him. His true position will readily suggest itself. It can hardly be doubted that public opinion will in time strike the ferule from the hands of the teacher, leaving him, as the true basis of gov- ernment, only the resources of his intellect and heart. * * * Why the person of the school boy, with his shining morning face, should be less sacred than that of the apprentice and sailor is not easily explained". (4 Ind. 290) In 1899 Arizona dropped the enactment expressly author- izing corporal punishment. Suspension by the teacher, expulsion by the board of trustees, with liability of parents for damage to property, are the extreine measures proposed in the edition of its school law for 1897. For a general statement of the limit of the teacher's power and duty in the matter of discipline, we quote from an address by Prof. James S. Pertle, of the law- department of the University of Louisville: The teacher is often spoken of as standing to the pupil in the place of a parent, in loco parentis, while the relation contin- ues, and it is said that the teacher has therefore the same power over the pupil that the parent has, and may use the same means of enforcing obedience that a parent may under the law. * * * Blackstone and Reeves state this view as the proper doctrine, with a limitation that a teacher has the power of restraint and corrections to such an extent as may be necessary to answer the purpose for which the teacher is employed. It seems evident that there must be a difference between District] Limit of Teacher's Authority 237 the power which the teacher has over the child and that which the parent has. The teacher has the welfare of his pupil in view, and is actuated, in enforcing discipline in his school, only by the highest motives; his affection for his pupils is a restraint upon his passions, and his humanity is an additional safe-guard against undue harshness to the children under his charge. Yet the teacher, however kind, however just, how- ever self-controlled, has not the same or equal motive for consideration for the pupil that a judicious and kind parent has. * * * That which will be excused in a parent would not be permitted in a teacher. All parents are not kind and judicious, and yet, unless the treatment of a child by its parents amounts to cruelty, the law does not interfere. So that the teacher must keep himself under greater restraint in his management of his pupil than the parent of the same pupil is required to preserve. The supreme court of Vermont stated the law, on the occasion of a controversy between a teacher and a pupil growing out of a punishment inflicted upon the latter by the former, in these words: "The parent unquestionably is answerable only for malice or wicked motives or an evil heart in punishing his child. This great, and, to some extent, irresponsible power of control and correction is invested in the parent by nature and necessity. It springs from the natural relation of parent and child. It is felt rather as a duty than a power. * * * This power is little liable to abuse, for it is continually restrained by natural affection, the tenderness which a parent feels for his offspring an affection ever on the alert and acting rather by instinct than by reasoning. The school-master has no such natural restraint. Hence he may not be trusted with all a parent's authority, for he does not act from the instinct of parental affection. He should be guided and restrained by judgment and wise discretion, and hence is responsible for their reason- able exercise." Punishment must be inflicted only on school premises, even where permitted for offences out of school. 238 Trustees : Corporal Punishment [Part I Expulsion is the alternative resort. If the teacher cannot punish, he still has the final resort of suspen- sion or expulsion. (27 Vermont 755) On Oct. 12, 1887, while John H. Clark, superintendent of schools in Flushing, was speaking to the pupils in one of the rooms on a matter of discipline, Anthony Brown, 17 years old, rose and looked round at the other pupils in a contemptuous manner. Mr. Clark took hold of him, and a trial of strength ensued, so severe that the janitor had to interfere in behalf of the teacher. The boy apologized before the school and prom- ised better behavior. The next day his class teacher reported that he was continuously troublesome, and sent him to the principal. Mr. Clark remonstrated with the pupil, who grew insolent and abusive and dared the superintendent to put him out of the school. Mr. Clark suspended him and directed him to leave the building. The next morning the boy appeared again, and was a leader in scattering paper caps upon the floor, and exploding them. Thereupon the boy was removed from school, and the action was sustained by the board of education. Held that the public had no right to call upon teachers to test their physical powers with those of young men already grown to man's estate (D 3689). This case was also tried in court, and a similar decision was rendered by Judge Brown. The teacher may not punish a pupil for refusing to do what the parent has requested he be excused from doing, even when such refusal justifies the board in suspending or expelling. (69 Ind 95, 79 Ind 75, 50 la 152) In England the most serious punishment which can be inflicted by a master is expulsion from the school. It is necessary for the master to have such a power as a last re- source in the case of incorrigible misconduct, and also for the protection of his other charges from the evil influence of an unusually vicious pupil. Expulsion however cannot be inflict- ed by the master of a board (public) school; for the attendance of a child at such a school is compulsory by law, and, unless the child be guilty of an offence justifying his being sent to a District] Preferable to Expulsion 239 reformatory or industrial school, his expulsion from a board school would imply, most probably, the entire cessation of his education. Also when parents are compelled to send their children to school under the provisions of the Elementary Education Acts, they are only excused from sending them to a board school for certain reasons, none of which is that the child has been expelled; therefore, if a child could be ex- pelled, we should have the father in the awkward position of being liable to a penalty for not causing his child to attend a school, to which the master of that school refused to admit the child. — Disney's Law relating to Schoolmasters, pages 89, 90. How, then, is expulsion to be reconciled with the principle of compulsory education (see page 185) ? Here we have the law with one hand compelling children against their will to enter the school, and with the other making exclusion the penalty _^for misbehavior. Governor Dix believed that corporal punishment was preferable to expulsion. He said : A teacher ought not, I think, to dismiss a scholar from school. From the nature of the common school system, teachers are, as a general rule, bound to receive and instruct all children sent to them. If a scholar is so refractory that he cannot be managed, and his dismission becomes necessary to the preservation of order, I think the teacher should lay the matter before the trustees for their direction ; but not until the ordinary means of correction had been fully tried and found unavailing. — Decisions, page 145. This is unquestionably sound doctrine. While corporal punishment should be seldom necessary, the pupils should not know that the power to inflict it is taken from the teacher. Impertinence, for in- stance, always the utterance of a weak and cowardly 240 Trustees : Corporal Punishment [Part I nature, can be easily checked only by the certainty of immediate and physically painful punishment. Deprivation of recess or extra tasks often develop it into confirmed insolence, and expulsion follows. The boy whom one tingling blow of the ferule might have saved, grows up in lowbred ignorance. Instances like this we have known ; and we do not believe that boards of education should take away this right of the teacher, or that teachers themselves should os- tentatiously renounce it. If the teacher has deter- mined to maintain good order without the use of the rod, it does him honor, and we wish him success. But let him keep his resolution to himself. There are pupils who fear only what hurts them ; and they may bring about a crisis when only the rod, and that vigorously applied, will maintain order in the school- room. But we have shown that modern sentiment is growing so strongly against corporal punishment that it is a dangerous power to exercise, even where it is permitted. Besides, it is asking a good deal of young teachers, especially of young women, to control un- ruly boys by physical force. Evidently as a last re- sort some new punishment must be substituted for persistent bad conduct in school. The truant school is the solution of the difficulty. Every system of schools should have such a school, not penal but reformatory, to which refractory pu- pils may be sent. Without such schools no com- pulsory law can be efifective. See page 194. (10 Am Law Reg N S 366, 55 III 280. 19 Ohio 184, 40 Wis .328) District] The Truant School 241 Fortunately the New York law makes the neces- sary provision in providing for truant schools. (537.) These are not the correctional institutions of the kind referred to in the English quotation as "refor- matory or industrial school", presence in which is proof of crime. On the contrary, "no person con- victed of crimes or misdemeanors, other than truancy, shall be committed thereto." (537) When properly conducted these schools are a pleasure as well as a blessing to their pupils, and for certain types of boys and girls, coming from certain kinds of homes, are unquestionably better fitted to their needs than the common schools can be. Where these schools are available, suspension and expulsion with commitment to these schools may be much more freely resorted to than when the result was to throw the child upon the streets. Under this law the suspended pupil instead of being relieved from supervision comes under closer supervision. CHAPTER XX Suspension and Expulsion The right to attend school is not absolute, but is con- ditional upon compliance with the rules and regu- lations. ( 50 la 152, 48 Wis 473) The Iowa law says the true idea is to bring all within the salutary influence of the school, and to drive none out; but cases sometimes occur in which it becomes neces- sary for the board to protect the rights of the many by excluding a scholar whose presence and example are a constant menace to the successful progress of the school. The authorities are generally to the effect that when a pupil is guilty of such misconduct as to interfere with the discipline and government of the school he may be suspended or expelled. (110 N W /3-, citing 30 Am Rep 706, 35 Am Rep 163, 14 Barb 222 41 Conn 442, 8 Cush 163, 95 111 263, 32 111 A 300, 105 Mass 475. 157 Mass 561, 42 Mo A 24 32 N E 864, 27 Vt 755, 46 Vt 456, 45 Wis 150) Accordingly, in most states, there is vested in the teacher the right to suspend pupils for bad conduct, (14 Barb 221. 48 Cal 36, 3 Head 455, 23 la 531, 31 la 562. 5 Lea 525 • 111 Mass 499, 133 Mass 103, 27 Me 266, 38 Me 376, 3 Tenn Leg R 19, 17 Vt 480, 27 Vt 755, 32 Vt 224, 46 Vt 452, 48 Vt 473, 45 Wis 150) New York holds that the power to suspend rests only in the trustees. "The appellant (teacher) had no authority to establish rules .... nor to suspend or expel a single pupil without the order or consent of the respondent (trustee)." (D 4355) In 1881, the principal of the Cattaraugus union school suspended Homer Crandall for two weeks under a by-law of the board authorizing the principal to suspend a pupil who is guilty of flagrant misconduct, or whose example is positively (242) District] Who may Suspend Pupils 243 injurious, or whose reformation after repeated admonitions appears to be hopeless. The court of sessions ruled that the board could not delegate to a teacher the power of suspension or expulsion; and that a boy could not be expelled without notice to appear before the board, with opportunity to defend himself. — S. B. vii. 116. Previous decisions had held that the teacher might suspend but must immediately report the case to the trustees for review. (D 1725, 3876) The New York city by-laws read : 3 Any pupil found to be incorrigible or persistently dis- obedient to or regardless of the rules and regulations prescrib- ed for the government of the school or class, or who has been irregular in attendance may be suspended by the principal, with the approval of the district superintendent. Before suspending a pupil for such cause, the principal shall give notice of his intention to the parent or guardian of such pupil and he shall notify the district superintendent. 4 Any pupil who resists the authority of the principal or class teacher or who by reckless depravity may injure or demoralize the school or class, may be immediately suspended by the principal, who shall forthwith notify the parent or guardian of such pupil and the district superintendent. 5 The district superintendent, within five days after receiving a report from a principal concerning the suspension of a pupil, shall give reasonable notice of a hearing to such child, and to the persons in parental relation to such child, and an opportunity for them to be heard. After a hearing, the district superintendent shall report his findings in the case to the city superintendent, who may authorize the expulsion of such pupil and order his commitment to a truant school, in accordance with the provisions of the compulsory educa- tion law, or his transfer to another school or his reinstate- ment. In most states teachers may suspend, but must at once 244 Trustees: Suspension [Part I report the case to the trustees for review. This is true of Ariz., Id., la., Mont., N. D., Ohio, Ore., Va. If the trustees do not sustain the suspension, Ariz., Id., and N. J. permit an appeal to the county superintendent, whose action is final. La. requires the case to be reported to the parish superintendent, whose decision is final. Id. and Ky. likewise require the teacher to report to the trustees without first taking action. The teacher when occasion demands may suspend or expel a pujjil; the trustees upon such inquiry as their judgment may suggest and approve, may, without notice to the pupil or to the parents, suspend or expel a pupil who is guilty of gross misdemeanor and presistent disobedience ; and the welfare of our common school system demands that they be invested with this authority. (110 N W 737) Judge Vincent ruled that, though the authority to suspend or expel pupils from school is vested in the board of directors, the teacher has the right to exclude a refractory pupil tempor- arily from school. He said: "We have long held the opinion that the right to exclude a pupil temporarily from school was, in the absence of law to the contrary, inherent in the teacher's office, and that the exercise of this right under some circum- stances is a necessity." — Nat. Teacher, July, 1874. This view is generally held, as in la.. Neb., R.I., Tenn., W. Va., etc. If the offender is incorrigible, suspension or expulsion is the only adequate remedy. In general, no doubt, the teacher should report a case of the kind to the proper board for its action in the first instance, if no delay will necessarily result from that course prejudicial to the best interests of the school. But the conduct of the recusant pupil may be such that his presence in the school for a day or an hour may be disastrous to the discipline of the school, and even to the morals of the other pupils. In such a case it seems absolutely essential to the welfare of the school that the teacher should have the power to suspend the offender at once from the privileges of the school ; and he must necessarily decide for himself whether the case requires that remedy. (45 Wis 150) District] Only Trustees may Expel 245 The teacher who suspends or expels a pupil is not liable on an implied contract to teach. There is no implied contract between teacher and pupil in our schools that the former shall teach the latter. The only contract of the teacher is with the board of directors employing him and he is account- able to the board alone for his acts as teacher. (2 111 App. 458) The teacher can not expel. Should he assume to do so he would be liable for damages. — Cooley on Torts, 288. A Vt. decision held that the teacher might expel, and that if he erred in good faith in the discharge of his duty he was not liable to action (32 Vt 224). But in Mass., when the teacher suspended a pupil for refusing to take a whipping, and the trustees had not acted upon the case, the parent could not maintain a suit for damages for expulsion without first applying to the trustees to see if they sustained the teacher, as the child had not been expelled. (133 Mass 103) In some states power is given to the teacher by statute to suspend for a limited time. N. C makes the limit for the current term; N. D. makes the limit 5 days. Fla. directs teachers to suspend pupils for 10 days for gross immorality, misconduct, or persistent violations. la. says the teacher may suspend and fix the time, notice being given to the board . The trustees may expel whenever the harm the gupil does to the school more than counterbalances the good he might be expected to get from it. (79 111 667, 94 lii 263, 32 111 A 300, 115 N W 232, 62 S W 872.) This is provided for generally in statute law, as in Ariz., Cal., Col., Ks., Mo., Mont., Neb., N. J., Pa., Tenn., Va., etc. Sufficient cause must be shown to warrant this action. Sometimes this is not a matter of discipline. Infectious disease is of course ample reason for exclusion from the school, not only of pupils already ^ 246 Trustees : Expulsion [Part I infected, but of those likely to be infected from living in a house where such disease exists. (D 1687) For the exclusion of unvaccinated children see page 174. For the compulsory admission of colored children see page 174. Incapacity would seldom be a sufficient cause. (12 Allen 127, 8 Gush 160, .31 la 562, 38 Me 376, 23 Pick 224. 48 Vt 444, 473) In 1899 it was ruled that the trustees could not exclude from the Cleveland normal school pupils on the ground that they give no promise of becoming fit for teaching. Henry E. Miller entered the San Jose normal school in 1895 and again Feb. 25, 1899, and Sept. 4, 1900, was refused permission to continue as a pupil and was expelled. The court found that he had made no failures in practice teaching and he was discharged on the assumption that the board could by their arbitrary will decide him to be disqualified to become a teacher. In this the trustees exceeded their power and deprived the student of a right given him by the statute. It is not a question of withholding a diploma if at time of graduation he was found unfitted, but of permitting him to remain to study. It is not within the power of the teachers to acticipate the results of the final examination. The right to be admitted to a normal school is as valuable as to be admitted to a primary grade. (68 Pac 1032) A pupil may not compel a board to graduate him. (42 Alt 846) A child was excluded from the school by a teacher, with the trustee's approval, upon the alleged ground that he was idiotic, lacked capacity for education, and was unable to care for himself. Evidence offered before the school commissioner did not sustain the charges, but rather refuted them. I suppose the true rule touching such a case is that the child should be District] Defective Children 247 permitted to attend the school unless his presence is obnoxious to others, and unless he is so weak-minded as to be incapable of caring for himself and receiving the elements of an education. The school ought to help this boy if it can do so without detriment to the interests of other pupils. Not the mere pleasure or convenience of the teacher is to be considered, but the efficiency and success of the school. Although he may be the occasion of some annoyance, and of a little unusual care and attention, he should be per- mitted to continue in the school unless his presence there will injure it. (D 3891) New York makes generous provision for all chil- dren unfitted by feeble intellect or by deafness or by blindness for public school instruction. (920) There are institutions for the feeble-minded at Syracuse and at Newark. The commissioner of education has charge of the institu- tions for the deaf and dumb and bhnd in New York city, Rome, Batavia, and elsewhere. (920) All deaf and dumb persons resident in this state and upwards of 12 years of age, who shall have been resident in this state for 1 year immediately preceding the application, or, if a minor, whose parent or parents, or, if an orphan, whose nearest friend have been resident in this state for one year immediately preceding the application, are eligible to appointments as state pupils (921) All blind persons of suitable age and similar qualifications are eligible to appointment to the institutions for the blind. All such appointments, with the exception of those to the institution for the blind in the village of Batavia, are made by the commissioner of education upon application, and in those cases in which, in his opinion, the parents or guardians of the applicants are able to bear a portion of the expense, he may impose conditions whereby some proportionate share of ex- 248 Trustees: Expulsion [Parti pense of educating and clothing such pupils shall be paid by their parents, guardians or friends, in such manner and at such times as the commissioner shall designate, which condi- tions he may modify from time to time, if he shall deem it expedient to do so. (922) Each pupil so received into any of these institutions is provided with board, lodging and tuition; and the directors of the institution receive an annual appropriation for each pupil so provided for. The regular term of instruction for such pupils shall be 5 years; but the commissioner of education may, in his discretion, extend the tern of any pupil for a period not exceeding 3 years. (923) The supervisors of any county in this state from which county state pupils may be hereafter appointed to any insti- tution for the instruction of the deaf and dumb, or to the New York institution for the blind, whose parents or guar- dians are unable to furnish them with suitable clothing, are hereby authorized and required to raise in each year for each pupil from said county, the sum of $30. (925) The supervisors, or officers corresponding thereto, of the counties of New York, Kings, Queens, Nassau or Suffolk, from which state pupils shall be sent to and received in the New York institution for the blind, whose parents or guardians shall, in the opinion of the commissioner of education, be unable to furnish them with suitable clothing, are hereby authorized and directed, in every year while such pupils are in said institution, to raise and appropriate $50 for each of said pupils from said counties respectively, and to pay the sum so raised to the said institution, to be by it applied to furnishing such pupils with suitable clothing while in said institution. (925) Whenever a blind person, who is a citizen of this state and a pupil in actual attendance at a college, university, technical or professional school located in this state and authorized by law to grant degrees, other than an institution established for the regular instruction of the blind, is designated by the trustees thereof as a fit person to receive the aid hereinafter rovided for, there shall be paid by the state for the use of District] Deaf, Dumb and Blind Children 249 such pupil the sum of $300 per annum with which to employ persons to read to such pupil from text-books and pamphlets used by such pupil in his studies at such college, university or school. (926) Whenever a deaf-mute child under the age of 12 years shall become a charge for its maintenance on any of the towns or counties of this state, or shall be liable to become such a charge, it shall be the duty of the overseer of the poor of such town or of the supervisors of such county to place such child, and any parent, guardian or friend of a deaf-mute child, within this state, over the age of 5 years and under the age of 12 years, may make application to the overseer of the poor of any town or to any supervisor of the county where such child may be, showing by satisfactory affidavit or other proof, that the health, morals or comfort of such child may be endangered, or not properly cared for, and thereupon it shall be the duty of such overseer or supervisor to place such child in one of the following institutions 1. The New York institution for the deaf and dumb; or, 2. The institution for the improved instruction of deaf- mutes; or, 3. The Le Cotiteulx Saint Mary's institution for the improv- ed instruction of deaf-mutes in the city of Buffalo ; or, 4. The Central New York institution for deaf-mutes in the city of Rome; or, 5. The Albany home school for the oral instruction of the deaf at Albany; or, 6. To any other institution in the state for the education of deaf-mutes as to which state board of charities shall have filed with the commissioner of education a certificate to the effect that said institution has been duly organized and is prepared for the reception and instruction of such pupils. (928) Such children placed in said institutions shall be main- tained therein at the expense of the county from whence they came, provided that such expense shall not exceed $300 each per year, untl they attain the age of 12 years, unless the direc- tors of the institution to which a child has been sent shall find 250 Trustees: Expulsion [Part I that such child is not a proper subject to remain in said institution. (929) All blind persons of suitable age and capacity for instruc- tion, who are legal residents of the state, are entitled to the privileges of the New York state school for the blind at Batavia without charge, and for such a period of time in each individual case as may be deemed expedient by the board of trustees of said school ; provided, that whenever more persons apply for admission at one time than can be properly accom- modated in the school, the trustees shall so apportion the num- ber received, that each county maybe represented in the ratio of its blind population to the total blind population of the state ; and provided further, that the children of citizens who died in the United States service, or from wounds received therein during the late rebellion, shall take precedence over others. (941) The primary object of the school is to furnish to the blind children of the state the best known facilities for acquiring a thorough education, and train them in some useful profession or manual art, by means of which they may be enabled to contribute to their own support after leaving school ; but it may likewise, through its industrial department, provide such of them with appropriate employment and boarding accommodations as find themselves unable, after completing their course of instruction and training, to procure these elsewhere for themselves. It shall, however, in no sense be an asylum for those who are helpless from age, infirmity or otherwise, or a hospital for the treatment of blindness. (944) The trustees have power to appoint a competent and experienced superintendent, who is the chief executive officer of the school, together with an efficient corps of instructors and other subordinate officers; prescribe the duties and terms of service of the same; fix and pay their salaries, and for just cause, remove any or all of them froin office. They likewise employ the requisite nuinber of servants and other assistants in the various departments of the school, and pay the wages of the same. (952) District] Batavia Institution for the Blind 251 If the friends of any pupil from within the state of New- York fail through neglect or inability to provide the same with proper clothing or with funds to defray his necessary traveling expenses to and from the school, or to remove him therefrom, as required in the preceding section, the trustee shall furnish such clothing, pay such traveling expenses, or remove such pupil to the care of the overseers of the poor of his township, and charge the cost of the same to the county to which the pupil belongs, provided that the annual amount of such expenditures on account of any pupil shall not exceed the sum of $60. (955) The school is entitled to receive copies of all books and other publications which are distributed gratuitously by the state to townships or county libraries, common schools, academies, colleges and societies. But the usual cause is the deliberate infraction of any rules made by the trustees which are reasonable. See page 165. Pupils should not be excluded for accidents or negligence. (2 111 A 584, 43 N W 996) To eject a boy from the room on account of profanity is not to be regarded as permanent expulsion from the school. (41 Conn 442) It has been held that a child might be suspended because a parent entered the school and used abusive language. (28 S. E. 896, 101 Ga 422, 65 Am St 312) Some states leave it discretionary with the trus- tees to expel for such case as may seem to them sufficient, without requiring them to name it. ( 105 Mass 475) Thus Tenn. and Va. authorize the trustees to expel when the prosperity and efficiency of the school make it necessary. But more commonly the trustees must be able to defend their action by showing good reason for the expulsion. 252 Trustees : Expulsion [Part I A pupil who had attended the Peru (Neb.) normal for several years made application to enter at the fall term of 1897, but was refused "for the best interest of the school". "This action was taken," said the board, "without reference to his guilt or innocence in the matters with which his name has been connected." Held that mandamus proceedings hold if the action of the school was capricious or arbitrary. The record disclosed no reason. A writ compelling reinstatement is proper. So in Cal. (68 Pac 1029) Suspension must be for violation of some rule prescribed by the board, or committed during school hours, or in the presence of master and other pupils. (28 S E 896) (27 Am Rep 34.3, 65 Am St 312, 41 L R A 593, 28 S E 896) Where the statute provided that pupils may be expelled for gross immorality or for persistent violation of the rules of the school, the board was not authorized in suspending pupils for acts tending to destroy the peace and harmony of the school, or inciting insubordination on others, or for ridicule of the directors, in the absence of any regulation prohibiting such acts. (30 la 429) New York has ruled that trustees may expel pupils for open, gross immorality manifested by any licen- tious propensities, language, manners, or habits, though not manifested by acts of licentiousness, or immorality within the school, or for such violent insubordination against reasonable and proper regu- lations of the school as to render it impossible to maintain necessary discipline and order, or when in their judgment the good order and proper govern- ment of the school demands it {770) Immorality shown within the school is sufficient cause. (41 Conn 442, 79 111 567, 87 111 303, 36 Wis 59) District] Sufficient Causes 253 It has been held that a licentious child may be excluded even when no licentious acts have been committed within the school. Ariz, makes habitual profanity and vulgarity good cause for expulsion, while Cal. and N.J. make them cause for suspen- sion. Ariz, says "for misconduct". When pupils indecently expose their persons or act in obscene or indecent manners, and use vile or indecent lan- guage they may be suspended. (D 4362) In England one Hutt was expelled from Haileybury college because suspected of stealing money. The judge suggested that if the teacher believed he stole, the cause was sufficient even if he did not steal. Insubordination, or continued wilful disobedience, is named in most statutes and decisions. (38 Me 164) See Ariz., Cal., Col., la., Kan., Neb., N. J., N. D. Pa., Wash., etc. The supreme court of Illinois has decided that school directors can expel pupils only for disobedient, refractory, or incorrigibly bad conduct, after all other means have failed. Expulsion is not designed as a means of punishment. (97 111 375. See 89 111 567) In la. it was decided that trustees may not adopt a rule which will deprive a child of school privileges except as punishment for breach of discipline or an offence against good morals. (56 la 476) Damage to school property is in some states legal cause for expulsion. See page 167. In Mich, before a pupil may be suspended or expelled for this cause, the act must be shown to be wilful and malicious — not merely careless. (43 N W 996. See 2 111 A 584) In most states this is not so regarded. It is not reasonable to suspend pupil for not paying for broken window. (56 la 476, 18 N E 266) 254 Trustees : Expulsion [Part I A school board has no power to compel the payment of a sum of money as a condition of reinstatement. (116 N W 232) If the trustees refuse to expel a persistently diso- bedient pupil, it has been held that the teacher may decline to continue the school and draw wages for the full term (D 1725), or at least up to the time of giving up the school (27 Vt 755, 46 Vt 452). See page 132. It is the duty of a trustee to aid a woman teacher, when appealed to, in reducing to subjection a vicious and disturbing pupil, and if necessary, to remove such pupil from the school. (D 3678). If trustees will not expel them, a teacher may refuse to instruct large boys who treat her disrespectfully and refuse proper obedience. "A female cannot be expected to control large boys by physical force" (D 1725) A boy expelled for impertinence should be readmitted if he apologizes (D 1695). Compare page 257. Nor can he be required to apologize upon his knees (D 1960). By other decisions, pupils cannot be suspended for refusing to apologize to a teacher for declining to sit by a very hot stove as punishment,- or for wearing the hair in a manner forbidden by the teacher but approved by the mother. See page 169. In 111. it has been held that the board may require a pupil to inform it of the name of another pupil guilty of a breach of the rules, and on his refusal may suspend him, but not for more than the rest of the school year (32 111 A 300) ; but it would not be safe to rely on this decision. It is not in the line of duty for trustees to refuse a person expelled from a school the quiet enjoyment of an exhibition held by a literary society of a school in a school-building. In charging the jury in such a case, the judge remarked: To say that a student expelled from a school for disobe- dience to some municipal regulation should be excluded from District] How long it should Continue 255 attending a prayer meeting or public lecture in the school- house or college premises for all time to come, without any evidence of improper conduct or suspicion of improper purposes, would be an exercise of tyranny over his private rights not vested in the trustees, directors, or professors of our education- al institutions. (3 Pittsb 264) If a pupil who has been suspended or expelled re- fuses to leave the buildmg, the teacher or trustee may at once enter a complaint before any justice of the peace or city magistrate under the provisions referred to on page 155. The law of N. H. says "If any scholar, after notice, shall attend or visit a school which he has no right to attend, or shall interrupt or disturb the same, he shall be fined for the first offence $5, and for any subsequent offence $10, orj^be imprisoned not exceeding 30 days." How long expulsion should continue when a pun- ishment for bad conduct has been a subject of 'con- troversy. The usual view is that the expulsion should continue till repentance is shown. On April 8, 1874, L. H. Hanchett was suspended from the union school at Phoenix, N. Y., "for dis- respectful conduct and language towards his teach- er", and the board refused to restore him until he should make an apology. He refused to make such apology, on the ground that he had been unjustly dealt with in reference to a certain examination, and more than a year afterwards he applied to the state superintendent to be readmitted to the school with- out apology. The superintendent's decision reads as follows: "The language of the appellant to his 256 Trustees: Expulsion [Part I teacher was such as no provocation would ever jus- tify a gentleman in using toward a lady, as the teacher is: and the appellant's own sense of self-respect and of what under the circumstances was due from him to his teacher should have led him to make the apol- ogy of his own free-will, without a demand for it from the board in behalf of the offended party. But it appears that the appellant persistently refuses to do not only the teacher but himself justice in the matter, for in view of the offence committed, making at least the reparation of an apology for the language used, was, in my opinion, an act of justice even to himself, which he should have been not only willing but eager to perform. But in view of the fact that the appel- lant has already been kept from the privileges of the school for more than a year, and that such a suspen- sion may be well deemed a sufficient punishment for the offence, committed as it probably was under unusual excitement and by a scholar of uniform previous good conduct, the appeal is, I must admit with considerable reluctance, sustained, and the respondents are directed to restore the appellant to the privileges of the school, on presenting himself for that purpose." — Letter book, Education department, July 21, 1875. The principle here affirmed is that when the sus- pension has been continued long enough to be a suf- ficient punishment, the scholar must be received without acknowledgment of the wrong committed. A similar decision was rendered April 24, 1901, in relation to a case in Huntington, where it was held that expulsion District] How long it should Continue 257 could not be for a longer period than to the end of the school year. In some states the statute limits the period of expulsion to the current term. Among these are Kan., Neb., N.D., Ohio, S.D., Utah. But New York has had only two administrations capable of rendering such decisions and is not likely to have another. The usual ruling is given in the decisions which follow. Henry Merrill, 17 years old, a pupil in the school at Lyons, assaulted John H. Patterson, acting principal of the school, and on the next day when school was in session charged him with lying and offered to fight him. When called before the board he admitted this, and justified his conduct, whereupon he was suspended, and his guardian appealed. There can be no doubt of the power of local school authorities to suspend pvipils from school privileges when their conduct is so wilfully insubordinate as to be destructive of the good order and efficiency of the schools. There are undoubtedly some cases which would justify an entire and perpetual taking away of school privileges. There are many more cases which call for a temporary taking away of such privileges, to continue until such time as the pupil gives satisfactory evidence of his willing- ness to submit himself to the discipline of the school * * * This department will not be inclined to overrule the action of the board in this case, at least before it is shown that it refuses to readmit Merrill to the privileges of the school after he has given abundant proof of regret for his misconduct, and readiness to submit unreservedly to the discipline of the school. (D 3596) The action of a teacher and of a board of education in suspending a pupil will be upheld when it is shown that the pupil was disorderly and refused to obey the teacher and properly deport himself in the school. Until it has been made to appear by proof that the pupil has been subjugated and is ready to properly conduct himself, he should not he admitted to the privileges of the school. (D 3689) 258 Trustees: Expulsion [Part I Appeal from the refusal of the trustees of a district to receive a pupil in the school who has been expelled for a breach of discipline. The boy has been denied the privileges for several weeks. The act for which the punishment was inflict- ed was evidently the result of momentary impulse, and for which he is now contrite. Nothing is shown against him but this one act. Held, that he should be admitted to the school. (D 3861). In 111., when a piipil has been suspended, and uses gross vulgarity and profanity to the board on being called before it, he forfeits his right if any to reinstatement until reparation is tendered. (32 111 A 300) In Me. the trustees may expel any obstinately disobedient and disorderly scholar, and restore him on suitable evidence of his repentance and ayne-ndnient. In R. I. the principle involved has been clearly stated. On March 9, 1870, a scholar named Fuller resisted the authority of J. I. Davenport, principal of the Woonsocket high school. The teacher suspended him. The committee justified the teacher in the suspension, but voted to restore the boy unconditionally. The teacher appealed from the committee to the state commissioner of public schools, who rendered the following decision : In the case of Master Fuller, no punishment has yet been inflicted for the offence committed, save that indirectly following the publicity of suspension from school ; and so far as the vote of the committee extends, there has been no requirement made which secures to the governing power of the school a recognition of the violation of law, or a proper pledge of future obedience. If the scholar so disobeying be allowed to return to the schoolroom without such acknowledg- ment of wrong, or a promise of future obedience, the disci- pline of the school would instantly be degraded to the position occupied by the offender, and to a state of discord in harmony with the offence. On the other hand, the recog- nition on the part of the offender, of the offence committed, as well as an acknowledgment of the authority of the teacher to regulate the internal police of the school, with a pledge of District] Must the Pupil be Heard? 259 future obedience, not only honors proper and legitimate government and establishes it upon a proper basis, but it also honors the instinctive regard for truth, virtue, and correct deportment on the part of those who may have fallen into a fault, perhaps hastily and thoughtlessly. Upon this view of the case stands the whole question of good government and discipline at home or at school. If the parent or teacher be at once deprived of the power of judging of the value of an offence, from its intrinsic character and its attendant circumstances, and also of the power to administer merited punishment for offences, as well as of granting of pardon and forgiveness on the ground of true reformation, the whole foundation and superstructure of disciplinary government are thrown down, and misrule must and will prevail. The wise and judicious teacher is jealous of his true rights and prerogatives, and is the best judge as to the influences of the school-room which help on the one hand to maintain, and on the other to subvert, good government. The look and gesture may mean more of good or ill then the word or act; and it would not tend to the welfare of our schools, or to the support and dignity of home or school govenrment, to subject every act of the teacher or the parent to the severe tests of legal scrutiny, or the partisan attacks of interested counsellors. In view, therefore, of the general application of the vote passed by the school committee of Woonsocket, by which said committee decided to admit Master Fuller to regular standing in the high school, and in view of its specific applica- tion to the school of which he is a member, as well as its practical influence upon all the schools of the town, if carried out, I am forced to the conclusion that it would not be for the welfare of the schools to allow this vote to be carried into effect, and I therefore declare said vote to be null and void. — • Manual 1873, pp. 145, 146. In Mass. and O., before the pupil is expelled the par- ent must be notified and permitted to be heard. (72 260 Trustees: Expulsion [Part I N E 91, citing 165 Mass 460, 175, Mass 462, 181, Mass 127, 63 N E 400) In New York and most other states the pupil may be suspended for gross misdemeanor or persistent disobedience without notice to him or his par- ents. (110 N W 736) In the suspension of a pupil the board is not required to proceed with the forniahty of a trial. Its action suspending a pupil pending suitable apology to a teacher to whom she had been iinpudent and insubordinate will be sustained. (D 5311) In the following cases pupils were suspended without notice and mandamus granted by superior ^court to reinstate the pupils but upon appeal to the supreme court the order was reversed: (65 Am St Rep 312, 101 Ga 422, 41 L R A 593, 28 S E 896) An action of mandamus will lie and may be main- tained to reinstate a pupil if the action of the officer by whom the party was refused admission to or con- tinuance in school was an arbitrary or capricious ex- ercise of authority. (42 L R A 792, 57 Neb 183, 77 N W 662) The burden of proof is on the parties whose action is appealed against. Mandamus is the proper proceeding. One who is unjustly deprived of the privileges of the public school is entitled to a speedy and adequate remedy. (129 la 997, 31 Neb 552. 51 Neb 228, 48 N W 393, 70 N.W 946, 109 N W 570, 110 N W 736) Trustees are not liable for damages for expelling a pupil, even though the rule be unwarrantably severe, provided they act in good faith. (32 Vt 224) (113 Mass 103, l.W Mass 561. 165 Mass 460, 57 Neb 183. 32 N E 864, 43 N E 191. 72 N E 91) District] Damages for Wrongful Expulsion 261 To recover damages, the person must first appeal to school officers who have the power to reinstate him, if there be such, and prove the action of the officers excluding him to have been wanton and malicious. (95 111 63, 13 111 A 520) In Mo. it was decided that when trustees had expelled a pupil for attending a social evening party in violation of a rule of the school, no suit for damages could be sustained. The court said: "Whether the rule was a wise one or not, the directors and teachers, are not liable to an action for damages for enforcing it, even to the expulsion of the pupil who violates it. While this court might, on mandamus to compel the board and teacher to admit a pupil thus expelled, review the action of the board and pass upon the unreason- ableness of the rule — which we do not, however, decide here — yet the doctrine that the courts can do this is very different from that which would hold the directors liable in an action for damages for enforcing a rule honestly adopted for the maintenance of discipline in the school. That such an action is not maintainable is fully established." (66 Mo 286) (14 Barb 221, 13 III A 520, 15 Ind 7.3, 51 Ind 206, 45 la 522, 111 Mass 499, 38 Me 164, 376, 66 Mo 286, 5h J R 78, 17 Ohio 402, 29 Ohio 161, 59 Pa St 151, 23 Pick 224, But see 49 Barb 455, 6 Cal 94, 47 Conn 365, 1 Denio 117, 599, 48 Mass 253, 49 N H 199, 32 N Y 489, 50 N Y 236, 21 Ohio 666) But four judges of the court say: "It certainly could not have been the design of the legislature to take from the parent the control of his child while not at school, and invest it in a board of directors or teacher of a school. If they can prescribe a rule which denies to the parent the right to allow his child to attend a social gathering, except upon pain of expulsion from a school which the law gives him a right to attend, may they not prescribe a rule which would forbid the parent from allowing the child to attend a particular church, or any church at all, and thus step in loco parenti'; and supersede entirely parental authority ? The directors, in prescribing the rule that scholars who attend a social party should be expelled from school, went beyond their power, and invaded the right of the parent to govern the 262 Trustees: Expulsion [Part I conduct of his child, when solely under his charge. My concurrence in the opinion of the court is based upon the sole ground that malice, oppression, and wilfulness on the part of the defendants are not sufficiently charged in the petition." (66 Mo 286) There are some recent decisions awarding damages. Judge Dewey of Revere, Mass., fined the school authorities $100 for expelling Isidore Nathanson. He had been suspend- ed and was allowed to return on probation. He violated the terms of probation and was expelled. In 111. the court ruled in 1901: The unlawful expulsion of a pupil from school is a trespass for which the teachers and directors are personally liable; nor may the teacher justify such unlawful act under the authority of the directors. An assessment of $136 damages, even where there was no personal injury, is not to be regarded as excessive, but is distinctly moderate. Whatever damages are recovered are for the child, and not for the parent. (14 Barb 221. But see 20 Ohio 666) Unless a parent has sustained some direct pecuniary injury by reason of unlawful suspension of his child, his remedy is mandamus to allow the child to attend and not an action for damages. (58 S E 19) CHAPTER XXI Trustees: Public Moneys 11. To pay, towards the wages of such teachers as are qualified, the public moneys apportioned to the district legally applicable thereto, by giving them orders therefor on the supervisor , or on the collector or treasurer of such district when duly qualified to receive and disburse the same, and to collect, as herein provided, the residue of such wages by direct tax. (195, 240) No trustees may issue any order or draw a draft upon a supervisor, collector or treasurer for any money unless there is at the time a sufficient amount of money in the hands of such supervisor, collector or treasurer belonging to the dis- trict, to meet such order or draft, and a violation of this provision by any trustee is a misdemeanor and punishable as such. (195, 88:1909, Sec 1871) //, at the time of the employment of a qualified teacher for a term of school, there are no public moneys in the haruis of the supervisor, collector or treasurer applicable to the payment of teachers' wages, or if there is not a sufficient amount in the hands of either or all such officers to enable the trustees to pay the teachers' wages as they fall due, and the district meeting has failed or neglected to authorize a tax to pay the same, the trus- tees are authorized and empowered, and it is their duty, to collect by district tax an amount sufficient to pay the wages of such teacher for such term,, but not to exceed 4 months in advance. (195) 12. To divide such public moneys apportioned to the district, whenever authorized by a vote of their dis- (2G3) 264 Trustees : Public Moneys [Part I trict into two or more portions for each year; to assign and apply one of such portions to each term during which a school shall he kept in such a district, for the payment of teachers' wages during such term; and to collect the residue of such wages not paid by the pro- portion of public money allotted for that purpose, by district tax as herein provided. (195) 13. To draw upon the supervisor, the collector or treasurer, when duly qualified to receive and disburse the same, for the school moneys, by written orders signed by a majority of said trustees as prescribed. (195. See 280) 14. After having paid toward the wages of such teachers as are qualified, the public moneys of the dis- trict legally applicable thereto, by giving them orders on the supervisor, collector or treasurer therefor, to collect the residue of such wages by a district tax, or, if the same shall have been already collected, to give such teacher an order on the collector or treasurer for the bal- ance of his wages still remaining unpaid. (195) It is a misdemeanor, and punishable as such, for trustees to give an order upon the collector or treasurer unless there shall be in their hands at the time sufficient money belonging to the district to meet the same. (195. Sec 88: 1909, Sec 1871) The amount annually appropriated by the legis- lature for the support of common schools, constitutes the state school moneys, and is divided and appor- tioned by the commissioner of education on or before Jan. 20 in each year, to be applied exclusively to the payment of teachers' wages.' (450) Besides the school moneys there are the common school fund, the literature fund, and the United District] The State Funds 265 States deposit fund, consisting of all moneys, securities or other property in the treasury of the state, or under the control of any state officer, and of all debts due the state, or real property owned by it, belonging to such funds. (80) The proceeds of all lands which belonged to the state on Jan. 1, 1823, except the parts thereof reserved or appropriated to public use, or ceded to the United States, belong to the common school fund. (58:1099) In case of any diminution of capital belonging to the common school fund. United States deposit fund, or literature fund, there must be transferred to the capital of such fund or funds from the income thereof so much as may be necessary to preserve the capital inviolate. Of the income of the United States de- posit fund, $25,000 is annually added to the capital of the common school fund. It is the duty of the comptroller at the close of each fiscal year, to trans- fer to the general fund the remainder of the income of the common school fund. United States deposit fund, and literature fund, which together with such amounts as may be raised or received by taxation or otherwise for educational purposes, constitute the education fund, and appropriations therefrom may be made annually for the support of the educational system of the state, to be apportioned by the com- missioner of education in the manner provided by law, which apportionment shall be certified by the commissioner of education to the comptroller for distribution and payment. (58:1909. See page 7.) The amount appropriated by the legislature for the support and maintenance of the common school system of the state, 266 Trustees : Public Moneys [Part I is payable from the treasury upon the warrant of the comp- troller, and the comptroller countersigns and enters all checks drawn by the treasurer in payment of his warrants, and all receipts of the treasurer for sudi payments paid to the treasurer, and no such receipts are evidence of payment unless so countersigned (58:1909). See also page 335. On or before Jan. 20 of each year the commissioner of education a. Sets apart for a contingent fund not more than $10,000. (451) b. Apportions to each city and to each union school district which has a population of 5,000 and which employs a superintendent of schools S800. This is known as a supervision quota. (451) c. Apportions to each district having an assessed valuation of S20,000 or less, $200; d. to each district having an assessed valuation of $40,000 or less, $175; e. to each district having an assessed valuation of $60,000 or less, $150; f. to each Indian reservation for each teacher em- ployed therein for a period of 32 weeks or more, $150; g. to each of the remaining districts and to each of the cities in the state, $125. These apportionments are known as district quotas. h. Apportions to each such district or city for each additional qualified teacher and his successors by whom the common schools have been taught during the period of time required by the school law, $100. This apportionment is known as the teacher's quota. (451) District] Apportionment 267 Every union free school district and every city having an organized city system of schools is, for all the purposes of the apportionment, distribution, payment and withholding of school moneys, regarded and recognized as a school dis- trict. (461) Pupils employed to teach, as monitors or otherwise, do not entitle to teachers' quota, not being qualified teachers. To entitle a district to a district or teacher's quota a qualified teacher or successive qualified teachers must have actually taught the common schools of the district for at least 160 days of school inclusive of legal holidays that may occur during the term of said school and exclusive of Saturdays. (452) Where there has been a change of teachers, a succession of qualified teachers entitles the school to its distributive quota. No Saturday is counted as part of said 160 days of school and no school may be in session on a legal holiday except Washington's birthday and Lincoln's birthday. (452) The following are the legal holidays in New York. If a holiday comes on Sunday, the day following is a legal holiday. Jan. 1 May 30 Oct. 12 Dec. 25 Feb. 12 July 4 Nov. ?t Feb. 22 Sept. ?* Nov. ?** * The first Monday in September, Labor day. t The first Tuesday. General election day. **UsualIy the last Thursday, Thanksgiving. (G. C. L. Sec. 24) An- niversary day, usually the 1st Thursday in June is a holiday in the public schools of Brooklyn (446: 1901) A deficiency not exceeding 3 weeks during any school year caused by a teacher's attendance upon a teachers' institute within a county, will be excused by the commissioner of education. (452) All schools in school districts and parts of school districts within any school commissioner district wherein an institute is held, not included within the boundaries of an incorporated 268 Trustees: Public Moneys [Part I city, except as provided, must be closed during the time such institute is in session. The closing of a school within the school commissioner district wherein an institute shall be held, at which a teacher has attended, does not work a forfeiture of the contract under which such teacher was employed. (623) In all districts having a population of more than 5000. and employing a superintendent whose time is exclusively devoted to the supervision of the schools therein, the schools may be closed or not at the option of the boards of education in such districts. (623) The trustees of every school district are hereby directed to give the teachers employed by them, the whole of the time spent by them in attending at institutes held as herein- before stated, without deducting anything from the wages of such teachers for the time so spent. All teachers under a contract to teach in any commissioner district must attend such institute so held for that district, and will receive wages for such attendance (623). See page 110. In the apportionment of public school money, the schools thus closing in any school term are allowed the same average attendance during such time, as was the average weekly aggregate during the week previous to such institute. (624) Any school continuing its sessions in violation of the above provision will not be allowed any public money based upon the aggregate attendance for the period during which the institute was held. Trustees and boards of education in such school districts and parts of .school districts must re- port, in their annual reports to the school commissioners, the number of days and the dates thereof on which a teachers' institute was held in their districts during the school year, and whether schools under their charge were or were not closed during such days; and whenever the trustees' re- port shows a district school has been supported for the full time required by law, including the time spent by the teachers in their employ in attendance upon such institute, and that the trustees have given the teachers the time of such absence, and have not deducted anything from their salary on ac- count thereof, the commissioner of education may include the district in his apportionment of the state school moneys, and direct that it be in- cluded by the school commissioners in their appointment of school moneys; provided, that such school district be in all other respects entitled to be included in such apportionment. (624) When a district has contracted,' with another dis- trict to instruct its children and the period of such District] Apportionment 269 contract or the period of such contract together with the time school is actually taught in said district has amounted to at least 160 days and the contract in- cludes all the children of school age in said district, the district is entitled to receive one distributive district quota. (600) If said district maintains a home school and contracts for a part only of the children, it is entitled to one teacher's quota in addition to its district quota for not less than 12 pupils attending under such contract ; but in no instance may any school district receive a greater apportionment than the total expense incurred in payment of tuition and transportation of pupils as shown by the report of the trustee to the school commissioner. (600) The commissioner of education apportions to a school dis- trict which has failed to maintain school for the legal term or which has employed an extra teacher for a shorter period than the law requires to entitle the district to a full quota such a part of a district or teacher's quota as seems to him equitable when the reason for such failure is in his judgment sufficient to warrant such action, paid from the contingent fund. (451) Whenever the share of school moneys or any portion thereof, apportioned to any town or school district, or any money to which a town or school district would have been entitled, is lost, in consequence of any wil- ful neglect of official duty by any school commissioner, town clerk, trustees or clerks of school districts, the officer guilty of such neglect forfeits to the town, or school district so losing the same, the full amount of such loss with interest thereon. (505) All errors in the apportionment whether made by the commissioner of education or by the school commissioner are corrected by the commissioner of education. (451) Whenever a school distiict has been apportioned less money than that to which it is entitled the commissioner of education may allot to such district the balance to which it is in his judgment entitled and the same is 270 Trustees: Public Moneys [Part I paid from the contingent fund. Whenever a school district has been ap- portioned more money than that to which it is entitled the commissioner of education may, by an order under his hand, direct such moneys to be paid back into the hands of the county treasurer by him to be credited to the school fund, or he may deduct such amount from the next apportion- ment to be made to said district. (451) He apportions to each separate neighborhood which has duly reported such fixed sum as will in his opinion be equit- ably equivalent to its portion of all the state school moneys upon the basis of distribution established; such sum to be payable out of the contingent fund. (451) As soon as possible after the making of any annual or general apportionment, the commissioner of ed- ucation certifies it to the county clerk, county treas- urer, school commissioners and city treasurer or chamberlain, in every county in the state; and if it be a supplemental apportionment, then to the county clerk, county treasurer and school commissioners of the county in which the school-house of the district concerned is situate. (456) At least one-half of the moneys so annually apportioned by the commissioner of education is payable on or before the succeeding March 1 and the remaining part on or before May 15, to the treasurers of the several counties and the chamberlain of the city of New York, respectively; and the said treasurers and the chamberlain are to apply for and receive the same as soon as payable. (457) The school commissioner or commissioners of each county proceed at the county seat on the 3d Tuesday of March, in each year, to apportion the supervision, district, and teachers* quotas to the several districts entitled thereto as shown by the certificate of the commissioner of education to the school commission- er. (458) They procure from the treasurer of the county a transcript of the returns of the supervisors required, showing the unex- District] School Commissioner 271 pended moneys in their hands applicable to the payment of teachers' wages. The amounts in each supervisor's hands are charged as a partial payment of the sums apportioned to the town teachers' wages. (458) They procure from the county treasurer a full list and statement of all payments to him of moneys for and on account of fines and panalties, or accruing from any other source, for the benefit of schools and of the towns or districts for whose benefit the same were received. (458) Such of said moneys as belong to a particular district, they set apart and credit to it; and such as belong to the schools of a town, they set apart and credit to the schools in that town, and apportion them together with such as belong to the schools of the county for the payment of teachers' wages. (458) Whenever, by any statute, a penalty or fine is imposed for the benefit of common schools, and not expressly of the common schools of a town or school district, it is taken to be for the benefit of the common schools of the county within which the conviction is had; and the fine or penalty, when paid or collected, is paid forthwith into the county treasury, and the treasurer credits the same as school moneys of the county, unless the county comprise a city having a special school act, in which case he reports it to the commissioner of education, who apportions it upon the basis of population by the last census, between the city and the residue of the county, and the portion belonging to the city is paid into its treasury. (500) Every district attorney must report, annually, to the board of supervisors, all such fines and penalties imposed in any prosecution conducted by him during the previous year ; and all moneys collected or received by him or by the sheriff, or any other officer, for or on account of such fines or penalties, must be immediately paid into the county treasury, and the receipt of the county treasurer shall be sufficient and the only voucher for such money. (501) Whenever a fine or penalty is inflicted or imposed for the benefit of the common schools of a town or school district, the magistrate, constable or other officer collecting or receiving 272 Trustees : Public Moneys [Part I the same must forthwith pay the same to the county treasurer of the county in which the schoolhouse is located, who must credit the same to the town or district for whose benefit it is collected. If the fine or penalty be inflicted or imposed for the benefit of the common schools of a city having a special school act, or of any part or district of a city, it must be paid into the city treasury. (502) Whenever a penalty or fine i? imposed upon any school district officer for a violation or omission of official duty, or upon any person for any act or omission within a school district, or touching property or the peace and good order of the district, and such penalty or fine is declared to be for the use or benefit of the common schools of the town or of the county, and such school district lies in two or more towns or counties, the town or county intended by the act shall be taken to be the one in which the school-house, or the school-house longest owned or held by the district, is at the time of such violation, act or omission. (.503) Where any penalty for the benefit of a school district, or of the schools of any school district, town, school commis- sioner district or county, shall be incurred, and the officer, whose duty it is by law to sue for the same, shall wilfully and unreasonably refuse or neglect to sue for the same, such officer shall forfeit the amount of such penalty to the same use, and it shall be the duty of his successor in office to sue for the same. (506) The school commissioners sign, in duphcate, a cer- tificate, showing the amounts apportioned and set apart to each school district and part of a district, and the towns in which they were situated, and forth- with deliver one of said duplicates to the treasurer of the county and transmit the other to the commission- er of education. (458) They certify to the supervisor of each town the amount of school moneys so apportioned to his town for teacher's wages, to each such distinct district and part of a district. (458) On receiving the certificate of the school com- missioners, each supervisor makes a copy thereof for District] Supervisor 273 his own use, and deposits the original in the office of the clerk of his town ; and the moneys so apportioned are paid to him immediately. (459, 483) The comptroller may withhold the payment of any moneys to which any county may be entitled from the appropriation of the incomes of the school fund and the United States deposit fund for the support of common schools, until satis- factory evidence shall be furnished to him that all moneys required by law to be raised by taxation upon such county, for the support of schools throughout the state, have been collected and paid or accounted for to the state treasurer. (460) Real and personal estate may be granted, conveyed, devised, bequeathed and given in trust and in per- petuity or otherwise, to the state, or to the commis- sioner of education for the support or benefit of the common schools, within the state, or within any part or portion of it, or of any particular common schools within it; and to any county, or the school commis- sioners of any county, or to any city or any board of officers thereof, or to any school commissioner dis- trict or its commissioner, or to any town, or super- visor of a town, or to any school district or its trus- tees, for the support and benefit of common schools within such county, city, school commissioner dis- trict, town or school district, or within any part or portion thereof respectively, or for the support and benefit of any particular common schools therein. (480) No such grant, conveyance, devise or bequest will be held void for the want of a name of competent trustee or donee, but where no trustee or donee, or an incompetent one is named the title and trust vests in the people of the state, subject 274 Trustees: Public Moneys [Part I to its acceptance by the legislature, but such acceptance shall be presumed. (480) The legislature may control and regulate the execution of all such trusts; and the commissioner of education will super- vise and advise the trustees, and hold them to a regular accounting for the trust property and its income and interest at such times, in such forms, and with such authentications, as he may from time to time prescribe. (481) The common council of every city, the board of supervisors of every county, the trustees of every village, the supervisor of every town, the trustees of every school district, and every other officer or person who may be thereto required by the commissioner of education must report to him whether any, and if any, what trusts are held by them respectively, or by any other body, officer or person to their information or belief for school purposes, and transmit, therewith, an authenticated copy of every will, conveyance, instrument or paper embodying or creating the trust ; and, in like manner, forthwith report to him the creation and terms of every such trust subsequently created. (482) Every supervisor of a town must report to the commissioner of education whether there be, within the town, any gospel or school lot, and, if any, describe the same, and state to what use, if any, it is put by the town ; and whether it be leased, and, if so, to whom, for what term and upon what rents; and whether the town holds or is entitled to any land, moneys or securities arising from any sale of such gospel or school lot, and the investment of the proceeds thereof, or of the rents and income of such lots and investments, and report a full statement and account of such lands, moneys and securities. (483) It is lawful for the supervisor of any town having money arising from the sale of gospel lands, and known as gospel District] Gospel and School Lots 275 funds, to apportion such among the several school districts of his respective town as hereinafter provided. (484) Any town having a gospel fund of $500 or less may appor- tion such fund with the consent and approval of a majority of the town board of such town. Any town having a gospel fund of more than $500 may apportion such fund in like manner by a vote at any annual or special town meeting. (485) Where such apportionment is made, the supervisor must pay to the trustees of the several school districts of his town its pro rata share according to the aggregate school attend- ance of each school district in the preceeding year. (486) The trustees of such school district must execute and file with the supervisor of such town a bond of twice the amount of such apportionment, with sufficient sureties, to be approved by such supervisor. (487) Such trustees, upon the receipt of such money, must apply the same for such purpose as the school district in annual or special meeting may decide. (488) CHAPTER XXII Trustees: Miscellaneous 17. To provide for building fires and cleaning the school-rooms, and for janitor work generally in and about the school-houses, and pay for such service such reasonable sum as may be agreed upon therefor. (196) 18. To provide the bound blank-books for the enter- ing of their accounts and the keeping of the school-lists , the records of the district and the proceedings of district and trustee meetings. 19. To procure a bound blank book for the district and, when necessary, another in its place. In it, at or before each annual district meeting, to enter at large and sign a statement of all movable property belonging to the district, and their accounts of all moneys received or drawn by them, and to deliver this book to their successors. (197) 15. To keep each of the school-houses under their charge, and its furniture, school apparatus and apur- tenances, in necessary and proper repair, and make the same reasonably comfortable for use, but not at an expense exceeding $50 in any one year, except by a vote of the district. (196) They may be required by the school commissioner to alter, repair, or add to furniture to the extent of $100 in any one year. (313) 16. To make any repairs and abate any nuisances, pursuant to the direction of the school commissioner, and to provide fuel, stoves or other heating apparatus, (876) District] Issuing Bonds 277 pails, brooms and other implements necessary to keep ths school-houses and the school-rooms clean, and make them reasonably comfortable for use, when no provision has been made therefor by a vote of the district, or the sum voted by the district for said purposes proves in- sufficient. (196) They may be required by the school commissioner to make alterations or repairs on schoolhouse or out- buildings to the extent of $200 in any one year, and to abate any nuisance when it can be done at an ex- pense not exceeding $25. (313) 20. Whenever a tax has been voted to be collected in instalments the trustees are authorized to borrow so much of the sum voted as may be necessary at a rate of interest not exceeding 6% and to issue bonds or other evidences of indebtedness therefor, which become a charge upon the district to extend not beyond 20 years, and to be paid at maturity, and which shall not be sold below par. (430) Notice of the time and place of the sale of such bonds must be given by the trustees or board of education at least 10 days prior thereto by publication twice in two newspapers, if there be two, or in one newspaper if there be but one published in such district. But if no newspaper shall then be published therein, the said notice shall be posted in at least 10 of the most public places in said district 10 days before the sale. (430) It is the duty of the trustees or the persons having charge of the issue or payment of such indebtedness, to transmit a statement thereof to the clerk of the board of supervisors of the county in which such indebtedness is created, annually, on or before Nov. 1. (430) 278 Trustees : Miscellaneous [Part I 21. To expend in the purchase of dictionary, books, maps, globes or other school apparatus, a sum not ex- ceeding $25 in any one year. (196; 229) An annual allowance for approved books, geographi- cal maps, and a globe is made to each district of $18 and $2 for each qualified teacher, making the minimum appropriation to each district $20. (453) But this is allowed only when the district supplies an equal amount for the purpose. Charts may not be purchased under this provision. They are not school furniture. (46 N E 832) Books are not to be regarded as school apparatus. (57 Am St 847, 17 Ind A 375) It is a misdemeanor for any employee, agent or representative of a firm, company or corporation en- gaged in selling, publishing or manufacturing papers, periodicals, books, maps, charts, school supplies, ap- paratus or furniture, or any other person engaged or employed in such business to falsely represent to a board of trustees or board of education of a school district or to a teacher employed in a public school in this state or to a superintendent of schools or other school officer that he is an agent, employee, or rep- resentative of the commissioner of education, the state education department, the regents of the uni- versity of the state of New York, or of any other school officer. (504) Trustees have been regarded as easy prey by itinerant agents, who secure signatures to orders and disappear. They should be careful to deal only with responsible firms or their known representatives. District] Maps and Globes 279 22. To establish temporary or branch schools when- ever it is necessary for the due accommodation of the children of the district. (196) This may be by reason of any considerable number of child- ren residing in portions of the district remote from the school- house, thereby rendering it difficult for them in inclement weather in winter to attend school at such school-house, or by reason of the room or rooms in said school-house being overcrowded, or because for any other sufficient reason the due accommodation of such children can not be made in said school-house. Such schools must be opened in such places as will best accommodate such children. They may hire any rooms for the keeping of said temporary or branch schools, and fit up and furnish said rooms in a suitable manner for conducting such schools therein. Any expendi- ture made or liability incurred in pursuance of this section is a charge upon the district. (196; 186 111 331) 23. To take a census oh Aug. 30 of all children in the district between the ages of 5 and 18, with their resi- dences and employments. (1002) 24. To purchase a United States flag, flag-staff a'nd the necessary appliances therefor, and to display such flag upon or near the public school building during school hours, and at such other times as such school authorities may direct, establishing rules and regulations for its proper custody, care and display, and when the weather will not permit it to be otherwise displayed, causing it to be placed conspicuously in the principal room in the school-house. (700-1) The commissioner of education prepares for the use of the public schools of the state, a programme providing for a salute to the flag at the opening of each day of school and such other patriotic exercises as may be deemed by him to be expedient, under such regulations and instructions as may best meet the varied requirements of the different grades 280 Trustees : Miscellaneous [Part I in such schools. He aslo makes special provision for the observation in such public schools of Lincoln's birthday, Washington's birthday, Memorial day and Flag day, and such other legal holidays of like character as may be hereafter designated by law, but nothing herein contained must be construed to authorize military instruction or drill in the public schools during school hours. (702, 3) The principal or superintendent of any public school or any person designated for that purpose by the board of education or other school authority, once a week, or from time to time, small amounts of savings from the pupils of said school, the same to be deposited by said principal or superintendent or des- ignated person on the day of collection in some savings bank in the state or, in villages and, cities in which there is no regularly established savings bank, in any savings and loan association, trust company, state or national bank, located in the state and having an in- terest department. (497:1909) The moneys shall be placed to the credit of the respective pupils from whom the money shall be collected, or if the amount collected at any one time shall be deemed insufficient for the opening of individual accounts, in the names of said principal or superintendent or designated person, in trust, and to be by him eventually transferred to the credit of the respective pupils to whom the same belongs. In the mean- time, said principal or superintendent or designated person must furnish to the bank a list giving the names, signatures, addresses, ages, places of birth, parents' names and such other data concerning the respective pupils as the savings bank may require, and it shall be lawful to use the words "system of school savings banks" or "school savings banks" in circu- lars, reports and other printed or written matter used in connection with the purposes of this section. (497:1909) District] Reports 281 25. To fill any vacancy in the office of clerk, collector or treasurer, by appointment. (149, 151) The appointees hold their respective offices until the next annual meeting of the district, and until others are elected and take their places. (149, 151) 26. To make Aug. 1 to the school commissioner a report in writing for the year ending on July 31. (198) In every case the trustees must sign and certify to said report and deliver it to the clerk of the town in which the school-house of the district is situated; and every such report must certify : a. The whole time an}^ school has been kept in their dis- trict during the year ending on the day previous to the date of such report, distinguishing what portion of the time such school has been kept by qualified teachers, and the whole number of days, including holidays, in which the school was taught by qualified teachers. (198) b. The amount of their drafts upon the supervisor, collec- tor, or treasurer for the payment of teachers' wages during such year, and the amount of their drafts upon him for the purchase of books and school apparatus during each year, and the manner in which svxch moneys have been expended (198) c. The number of children taught in the district school during such year by qualified teachers, and the sum of the days' attendance of all such children upon the school. (198) d. The number of children residing in their district, over 5 and under 18 years of age who were on June 30 actually in the district, comprising a part of the family of their par- ents or guardians or employers. (198) e. The number of vaccinated and unvaccinated children of school age in their respective districts. (198. See page 174.) /. The amount of money paid for teachers' wages, in ad- dition to the public money paid therefor, the amount of taxes levied in said district for purchasing school-house sites, 282 Trustees : Miscellaneous [Part I for building, hiring, purchasing, repairing and insuring school-houses, for fuel, for school libraries, or for any other purpose allowed by law, and such other information in re- lation to the schools and the district as the commissioner of education may, from time to time, require. (198) Where a school district lies in two or more counties, its trustees make such an annual report for each part of it lying in a different county, and file each in the office of the clerk of the town in which the part of the dis- trict to which it especially relates lies; and such report must be in the form and contain all such special matters as the commissioner of education from time to time prescribes. (199) 27. To render once in each year to the district, at its annual meeting, a just, full and true account in writing, under their hands, of all moneys received by them respectively for the use of the district, or raised or collected by taxes, the preceding year, and of the man- ner in which the same has been expended. (200, 241, 341) This must show to which of them an unexpended balance, or any part thereof, is chargeable; and all drafts or orders made by them upon the supervisor, collector, treasurer or other custodian of moneys of the district ; and a full statement of all appeals, actions or suits and proceedings brought by or against them, and of every special matter touching the condition of the district. (200) By a wilful neglect or refusal to render such account, a trustee forfeits any unexpired term of his office, and becomes liable to the trustees for any district moneys in his hands. (201) A person who, wilfully and unlawfully removes, mutilates, destroys, conceals, or obliterates a record, map, book, paper, document, or other thing, filed or deposited in a public office or with any public officer by authority of law, is punishable by imprisonment for not more than 5 years, or by a fine of not more than $500, or by both. (88: 1909, Sec. 2050) A person who, with intent to defraud or to conceal any District] Reports 283 larceny or misappropriation by any person of any money or property : 1. Alters, erases, obliterates, or destroys an account, book of accounts, record, or writing, belonging to, or appertaining to the business of, a corporation, association, public office or officer, partnership, or individual, or, 2. Makes a false entry in any such account or book of ac- counts ; or, 3. Wilfully omits to make true entry of any material par- ticular in any such account or book of accounts, made, writ- ten, or kept by him or under his direction, Is guilty of forgery in the third degree. (88: 1909, Sec. 889) An outgoing trustee must forthwith pay, to his successor or any other trustees of the district in office, all unexpended moneys in his hands belonging to the district. (202) The trustees in office must sue for and recover any district moneys in the hands of any former trustee, or of his personal representatives, and apply them to the use of the district. (203) If any portion of the moneys apportioned to the district shall not be paid by the supervisor, the collector or treas- urer, upon the due requirement of the trustees, they shall forthwith notify the treasurer of the county and the com- missioner of education of the fact. (204.) A public officer, or deputy, or clerk of any such officer, and any other person receiving money on behalf of, or for account of the people of this state, or of any department of the gov- ernment of this state, or of any bureau or fund created by law, and in which the people of this state are directly or in- directly interested, or on account of any city, county, village or town, who 1. Appropriates to his own use, or to the use of any person not entitled thereto, without authority of law, any money so received by him as such officer, clerk or deputy, or other- wise, or, 2. Knowingly keeps any false account, or makes any false 284 Trustees : Miscellaneous [Parti entry or erasure in any account of, or relating to, any money so received by him, or 3. Fraudulently alters, falsifies, conceals, destroys or ob- literates any such account; or, 4. Wilfully omits or refuses to pay over to the people of this state or their offices or agent authorized by law to re- ceive the same, or to such city, village, county or town, or the proper officer or authority empowered to demand and receive the same, any money received by him as such officer, when it is his duty imposed by law to pay over, or account for, the same. Is guilty of a felony. (88: 1909, Sec. 1865) Any such officer or other person who wilfully disobeys any provision of law regulating his official conduct, in cases other than those thus specified is guilty of a misdemeanor, punish- able by a fine not exceeding $1000, or imprisonment not ex- ceeding 2 years, or both. (88: 1909, Sec. 1866) When trustees are required or authorized by law, or by a vote of their district, to incur any expenses for such district, and when any expenses incurred by them are made, by ex- press provision of law, a charge upon such district, they may raise the amount thereof by tax in the same manner as if the definite sum to be raised had been voted by a district meet- ing. (206) Whenever the trustees of any school district, or any school district officers, are instructed by a resolution of the district, at a meeting called for that purpose, to defend any action brought against them, or to bring or defend an action or proceeding touching any district property or claim of the district, or involving its rights or interests, or to contintie any such action or defence, all their costs and reasonable expenses, as well as all costs and damages adjudged against them, are a district charge and must be levied by tax. (508) District] Legal Proceedings 285 Whenever such trustees or any school district officer has brought or defended any such action or proceed- ing, without any such resolution of the district meet- ing, and after the final determination of such suit or proceeding, presents to any regular meeting of the inhabitants of the district, an account, in writing, of all costs, charges and expenses paid by him or them with the items thereof, and verified by his or their oath or affirmation, and a majority of the voters at such meeting so direct, it is the duty of the trustees to cause the same to be assessed upon and collected of the taxable property of said district, in the same manner as other taxes are by law assessed and col- lected; and, when so collected, the same must be paid over, by an order upon the collector or treasurer to the officers entitled to receive the same; but this pro- vision does not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the commissioner of education. If a majority refuse, the officer may appeal to the county judge. (509-12) In any action against school officers, including supervisors of towns, in respect to their duties and powers under this chapter, for any act performed by virtue of or under the color of their offices, or for any refusal or omission to perform any duty enjoined by law, and which might have been the subject of an appeal to the commissioner of education, no costs shall be allowed to the plaintiff, in cases where the court shall certify that it appeared on the trial that the defendants acted in good faith. But this provision shall not extend to suits for penalties, nor to suits or proceedings to enforce the decisions of the commissioner. (507) If the amount claimed by them be disputed by a district meeting, it must be adjusted by the county judge of any 286 Trustees : Miscellaneous [Part I county in which the district or any part of it is situated. (508) An action or special proceeding may be maintained, by the trustee or trustees of a school district, upon a contract, lawfully made with those officers or their predecessors, in their official capacity; to enforce a liability created, or a duty enjoined, by law, upon those officers, or the body represented by them ; to recover a penalty or a forfeiture, given to those officers, or the body represented by them ; or to recover dam- ages for an injury to the property or rights of those officers or the body represented by them; although the cause of ac- tion accrued before the commencement of their term of office. (302: 1897) An action or special proceeding may be maintained against trustees, upon any cause of action which accrues against them, or has accrued against their predecessors, or upon a contract made by their predecessors in their official capacity, and within the scope of their authority. (302: 1897) An execution may be issued upon a judgment for a sum of money against the trustee or trustees of a school district, and such execution may be issued against and be collected out of the property of such officers. (302: 1897; sec 96, 404, 508, 509) Trustees have power to control an action in behalf of the district in the same manner as an individual. (99 Pac 620) CHAPTER XXIII Teachers' Certificates The following regulations were adopted by the board of regents, June 17, 1909. Certificates Valid in School Commissioner Districts This summary of the different kinds of certificates granted shows how complicated is our system of licenses. Few school officers understand the scope of the different forms of cer- tificates, so that this list as arranged should be studied care- fully. For school districts maintaining academic depart- ments. a college graduate life b college graduate limited c college professional life d college professional provisional These four forms of college graduate certificates are ex- plained on page 309. College graduates should be sure they understand the requirements. e state Ufe / state limited g normal diploma h temporary normal certificate * special certificate y firs tgradecertificate k training school certificate / training class certificate (issued previous to August 1, 1906) (287) 288 Teachers' Certificates [Part I This distinction in training class certificates is important. Many holders of these certificates are taking the examina- tions continued until Aug., 1910, to transpose them into first grade certificates, one of our most valuable forms of license. m in primary and grammar grades - -training class certificate issued subsequent to August 1, 1906. the holder of which entered training class on academic diploma and in addition has had 3 years^ successful experience in teaching. n temporary license For all other school districts a all certificates enumerated above b rural renewal certificate c training class (issued subsequent to August 1. 1906) d academic certificate e elementary certificate It will be observed that the entrance to teaching in rural schools is now on more liberal terms than ever before, but it will be seen later that to continue to teach, there must be study and progress. Certificates Valid in Cities Primary and grammar grades It is perhaps an anomaly that the requirements for pri- mary and grammar grades are more severe than for high schools. The mere fact that one is a college graduate makes him eligible for a high school, while for a city grammar school there must be also professional training or experience. But few college graduates seek places in the grades, and these few will do so much better work to have had professional training that the requirement is for their interest as well as for that of the school. District] Where Valid 289 a college graduate life b college professional life c college professional provisional d state life e state limited / normal diploma g temporary normal certificate h special certificate i first grade certificate ; training school certificate k Graining class (issued previous to August 1, 1906) / training class certificate issued subsequent to August 1, 1906, the holder of which entered training class on academic diploma and in addition has had 3 years successful experience in teaching. m temporary license High schools a all certificates enumerated above b college graduate limited (These regulations apply to all cities in the state except Albany, Buffalo, Jamestown and New York. In these cities certificates are issued under rules prescribed by the local authorities, but the require- ments as to minimum requirements in primary and grammar grades must be satisfied.) These four cities are the only ones that have not given up their rights under their charters to grant local certificates. They must, however, satisfy the conditions of above for the primary and grammar grades. General Rules All certificates issued for a limited period are so written as to expire on July 31. 290 Teachers' Certificates [Part I This prevents the expiration of a certificate during the school year, and enables contracts to be made for the entire school year. Under the old rules elementary and academic certificates were issued Jan. 1 and Aug. 1. b When conditions require it, a certificate may be issued upon soniie other date than August 1. But when a certificate is issued on such other date, it must be issued for the remaining period for which it would have been valid had it been issued on August 1 preceding the date on which it was issued. c The principle stated in a and b is applied to the renewal and the extension of all certificates. d No substitutions are allowed for any subject required for any certificate other than the elementary and the first grade. For these two certificates, sub- stitutions may be allowed as follows : (1) Advanced arithmetic for arithmetic (2) Physical geography for geography (3) 2d, 3d, or 4th year English or EngHsh three years for 1st year English. (i) American history with civics for both elementa- ry U. S. history and civics. (5) Intermediate or advanced algebra for algebra (6) Biology for physiology and hygiene (7) Advanced drawing general for drawing (8) Psychology for history of education The reason these substitutions are allowed is because some teachers have already prepared themselves in the subjects substituted under the old requirements. e School commissioners and city superintendents may in their discretion exact a higher standing in examinations and give supplementary examinations District] General Rules 291 in the subjects required for a certificate of any grade they issue. They may also for sufficient reasons refuse to issue any certificate even though the educa- tional requirements have been fully met. It will be noticed that this permission is limited to the cer- tificates they issue. It does not apply to the state certificates issued by the commissioner of education, which are a license to teach in any school in the state. Illinois permits boards of education to hold a supplemeatary examina- tion. (31 111 A 386) This provision has been affirmed in the court of appeals. The action was brought by George Stinson, who claimed $13,284 salary due him for service in the New York city pub- lic schools from March 12, 1890, to March 12, 1898. He had received on July 16, 1883, a certificate from the state super- intendent of public instruction, and after examination by the local authorities a license to teach in the grammar schools granted by Sup't Jasper, limited in duration to 6 months. At the expiration of this term the license was renewed for periods of 6 months, but on March 12, 1890, the board of education declined to renew the license and the principal of the school physically prevented him from continuing his work. He appealed to the state superintendent, who decided that the refusal of the local board to comply was illegal, the state certificate being a sufficient qualification. Mr. Stinson then applied to the supreme court for a mandamus, which was denied on the ground that there was no compulson used to force Stinson to accept a license, and that he voluntarily chose to serve under the terms proffered, thus making a voluntary contract with the board of education, the benefi- cial part of which he accepted, but desired to reject that part of the contract which definitely terminated his employ- ment. He then carried the case to the court of appeals, which ruled against him, but suggested that if he had a remedy it was by an action for salary, which would test the question. In the action so brought the court of appeals ruled as 292 Teachers' Certificates [Part I follows: "His provisional certificate had expired before he was employed. The appellate division, in reversing upon the facts, is presumed to have held upon the conflicting evidence that it was not renewed. If it had been renewed the only- effect that could be given to it, in view of his having a state certificate, would be to support the inference that he con- tracted for employment with reference to its limited term. This inference is not here permissible. "The plaintiff's employment was subject to no other limit of time than the power of removal for cause, vested in the defendent and its officers, and the power of the state super- intendent to revoke his state license. The plaintiff was discharged without right or cause, and is entitled to recover. "The appeal might be dismissed, but as we do not think a new trial, pursuant to the order of the appellate division, necessary, we conclude to affirm, thus giving effect to the defendant's stipulation for judgment absolute." So in California, where a normal diploma is a state license. A rule of a county board of education that normal school graduates must have had one year's experience to entitle them to certificates higher than primary grade is illegal. (49 Pac 579) Elementary Certificate This is for persons who are not high school graduates, the idea being here as all through these regulations to make it possible for any person to become a teacher without the re- quirement that he shall have attended any particular school. Advantage is very properly given to high school graduates holding regents diplomas, in that the mere fact of their hold- ing such credentials permits them to begin teaching without a special examination; but no person is kept from teaching because he has not had opportunity to complete high school work. A candidate for an elementary certificate shall be required to pass an examination in each of the fol- lowing preliminary subjects : District] Elementary Certificate 293 writing geography spelling elementary U. S. history arithmetic with civics and in each of the following academic subjects : 1st year English physiology and hygiene drawing Reading is no longer named as a subject of examination. Examinations in the preliminary subjects required for an elementary certificate are based on the Ele- mentary Syllabus; those in the academic subjects on the Academic Syllabus. A minimum standing of 75 per cent on each sub- ject must be attained. A candidate for an elementary certificate may combine standings earned in 4 consecutive examina- tions, but in no more than 4. All such examinations must have been taken by him subsequent to his 16th birthday. This allows 16 months for completing the examination. The old regulations allowed one year. Examinations for an elementary certificate are held in January, June and August of each year. The January and June examinations may be held in all regents academic schools, and in such other places as school commissioners with the approval of the education depart- ment from time to time designate. The August examination may be held at such places only as school commissioners designate under like approval. No previous experience in teaching is required. An elementary certificate is valid only in the par- ticular school district for which it issued or or made 294 Teachers' Certificates [Part I valid by the school commissioner, which shall be a school district not maintaining an academic depart- ment. Much is left to the judgment of the school commissioner, as a teacher might be able to control a small school who would be entirely at a loss in a larger school. An elementary certificate is issued for a term of two years. Only one elementary certificate is issued to any one person. An elementary certificate may be extended one year for each 8 academic counts earned while it is in force in subjects not already passed when the certifi- cate was issued. This illustrates the principle on which all these regulations are based, that it shall be easy to begin teaching and easy to continue if the teacher has the right spirit and will show that he wants to grow and improve his work. The requirement is light, reduced from 18 counts in the old regulations to 8, but it is a requirement. The young teacher must feel that there is no standing still; he must keep pressing forward, or give way to some one who will. Under the old rules this certificate could be extended only one year for each year of academic work completed while it was in force, thus com- pelling the holder to attend a high school the second year. The new regulations do not compel attendance at any in- stitution : they ask only that the work be done, and thus give opportunity for home study, correspondence school work, etc. While examinations may be taken at any appointed time and place, an elementary certificate is issued only after the candidate has made an engagement to teach, approved by the school commissioner having jurisdiction. District] Elementary Certificate 295 But a person entitled to an elementary certificate, though such certificate has not yet been issued, is legally qualified to contract by presenting a formal statement from the school commissioner having jurisdiction showing that such person is entitled to this certificate, and certifying that such certificate will be issued when a contract has been made with the trustee of some district designated in such statement of the school commissioner. Academic Certificate A candidate for an academic certificate must have completed a four year high school course and must have earned a regents academic diploma. This applies to high school graduates holding regents di- plomas, the concession already made to college graduates, that the liberal examinations their school course required shall be accepted as proof that they have sufficient character and discipline and knowledge to begin work in a district school. If their regents diploma does not mean as much as this there is something wrong with the school system ; and their last and most trying year in school will not be com- plicated by requiring them to have special examinations for a teacher's certificate in sttbjects they have already been examined in under the regents. Of course this applies to graduates of private schools. Catholic schools, and all insti- tutions under the regents, who hold the regents dipoma. Examinations for an academic certificate can be taken only in January and June and as they are reached in the course of study pursued by the can- didate and can be taken only at high schools and academies. - This certificate is not issued on the basis of examinations alone, as it is provided only for those who have regularly pursued a full course in the high schools and academies of this state. 296 Teachers' Certificates [Part I No previous experience in teaching is required. A certificate of this grade is valid only in the particular school for which it is issued or made valid by the school commissioner, which shall be a school not maintaining an academic department. An academic certificate is issued for a term of two years . The term of the old academic certificate was 3 years. Only one academic certificate shall be issued to any one person. An academic certificate may be extended one year for each 18 counts obtained in examinations for life state certificates and earned while it is in force in examinations for the life state certificate, but not for counts earned in regents examinations, which shall not be applied for extension of this certificate. Here again the requirement for progress is illustrated. The high school graduate holding a regents diploma may begin teaching because he holds it, but he cannot continue to teach unless he keeps increasing his fitness for teaching. He must look forward to a state certificate, the highest credential granted. Only 18 counts each year are required, but these are required, and in the end the teacher will have a life certificate good in every school in the state. The time for him to begin to try for a state certificate is while he is fresh from the study of academic subjects. An academic certificate is issued only after the candidate has made an engagement to teach, approved by the school commissioner having jurisdiction. But a person entitled to an academic certificate, though such certificate has not yet been issued, is legally qualified to contract by presenting a formal statement from the school commissioner having jitrisdiction showing that such person District] Academic Certificate 297 is entitled to this certificate and certifying that such certifi- cate will be issued when a contract has been made with the trustee of some district designated in such statement of the school commissioner. Rural Renewable Certificate To be issued in January 1910 aiid thereafter This is a wholly new certificate, and will prove a most use- ful one. It corresponds for the rural schools with the state certificate for all schools, requiring 3 years experience, and good for life in any school not maintaining an academic de- partment. By comparing the subjects required with those for the state certificate on page 305 it will be seen that they are the same except that the rural renewable certificate does not call for English grammar, composition, literature, a foreign language, geometry, physics, chemistry or physical geog- raphy, botany or geology, while it does require nature study and agriculture not called for in the examinations for state certificate. It is also unlimited in the number of trials, while only 4 consecutive trials are allowed for a state cer- tificate. In this certificate every inducement is offered to rural teachers to secure a certificate that will be final, and leave them all the rest of their life free to teach without further examinations. It places this desired end within the reach of teachers who could never hope to secure a state certificate, and will always teach in schools for which this certificate is sufficient. A candidats tor a rural renewable certificate shall be required to pass subsequent to his 16th birthday a written examination in each of the following subjects: penmanship 1st year English history of education spelling algebra school management 298 Teachers' Certificates [Part I arithmetic physiology and methods of teaching geography hygiene school law nature study and agriculture drawing American history with civics and one other sub- ject from the history group of academic studies The examinations in nature study and agriculture, history of education, school management, school law and methods of teaching are based on the Training class syllabus in these subjects. The other examina- tions are based on the Elementary and on the Academic syllabus. A minimum standing of 75 per cent is required in each subject. No limit is placed upon the number of trials a candidate may have for a rural renewable certificate and it need not be required that the subjects be passed within a limited period of time. Examinations in the regular regents subjects may, by arrangement with the principal, be taken in January and June at any academic school ; in August they may be taken at the places designated by the school commisioner. In all other subjects, examinations will be offered in January and June at each school conducting a training class and at any other academic school properly designated by the school commissioner. District] Rural Renewable Certificate 299 Examinations in all of the required subjects are given in January, June and August. A candidate must have taught successfully for at least three years to be eligible for a rural renewable certificate. A rural renewable certificate is valid in any school not maintaining an academic department. It is issued for a term of 10 years. Upon its expiration, from time to time, a rural renewable certificate held by a teacher who has taught under it successfully for a period of 5 legal school years may be renewed by any school commis- sioner in the state for a period of 10 years, without examination. The first examinations in the subjects not here- tofore offered will be conducted for the first time in January 1910, and a rural renewable certificate under these requirements may be issued thereafter to any candidate who is entitled. Continuance of 1st Grade Certificate to August 1910 (Until August 1910, a 1st grade certificate valid in any department of any school, except in the primary and gram- mar grades, provided by section 551 of the Educational Law, may be earned under precisely the same regulations as are named above for rural renewable certificate except as to educational requirements and experience.) The educational requirements are as follows: A candidate will be required to pass , subsequent to his 16th birthday, a written examination in each of the following subjects: 300 Teacher's Certificates [Part I writing ancient history, or Euro- spelling pean history or his- arithnaetic ory of Great Britain geography and Ireland elementary United State civics history with civics bookkeeping 1st year English drawing algebra history of education physics school management physiology and hygiene school law methods in reading A candidate may claim the results of the August, 1910 examinations. To a New York'teacher a first grade certificate is well worth five hundred dollars. It is permanent and is good in any school. It is issued tor 10 years, and when teachers have taught under it for 5 school years may be renewed by any commissioner for 10 years without examination. Training Class Certificates A candidate must have complied with all the re- quirements for admission to and attendance upon a training class and the principal of the school must certify that he has given evidence of excellent char- acter and good ability to teach. A candidate must also have attained in examina- tion held for training classes, a minimum standing of 75% in each of the following subjects ; District] Training Class Certificate 301 a Preacademic b Academic c Professional writing physiology and hy- methods in read- spelling giene ing, writing *arithmetic American history with and spelling geography civics psychology *English drawing history of ed- elementary science and ucation agriculture school law school manage- ment *The papers on this subject will also contain ques- tions on methods. Examinations are held in January and in June dur- ing the week in which regents examinations occur. A training class certificate is valid in any school not maintaining an academic department. The holder of such certificate who entered the training class on an academic diploma will after 3 years of successful experience be eligible for a certificate entitling him to teach in the subacademic grades of any school, sub- ject to the provisions of section 551 of the Education law, as affecting cities. See page 289. A training class certificate is issued for a term of three years. A person who holds a training class certificate is entitled to one year's advanced standing in a state normal school, provided he enter the training class on an academic diploma and has taught for 1 year after graduation from the training class. Upon its expiration, from time to time, a training class certificate held by a teacher who has taught 302 Teachers' Certificates [Part I under it successfully for a period of 2 years, may be renewed for a period of 10 years, without examination. There will be criticism of the new regulations that the new academic certificate makes the training class less attractive. There is some truth in this, but candidates holding regents diplomas are now admitted to training classes without the examination in additional subjects, and there is a general feeling that the discipline of an approved four years' high school course is a better preparation for teaching than the special work of the teachers' class. These regulations will make it possible to compare the results of these two systems of training. The training class certificates still has the advantage that it is renewable. The changes are in the line of liberality. Un- der the old regulations the number of years' experience to make a holder eligible to teach in subacademic grades was 4 years instead of 3, and it was renewable for 5 years instead of 10. Training School Certificate The training school is intended almost exclusively to sup- ply teachers for the city where it is held. It has the ad- vantage over the training class that its certificates are good in any school in the state. A candidate must have complied with all the re- quirements for admission to and attendance upon a training school as required by the provisions of sec- tion 551 of the Education law and the principal of the school must certify that he has given evidence of excellent character and good ability to teach. A candidate must also have attained in examina- tions held for training schools, a minimum standing of 75% in each of the folowing subjects, in accord- ance with the Svllabus for training schools: District] Training School Certificate 303 arithmetic drawing geography methods in reading, writing English and speUing physiology and hy- psychology giene history of education nature study school management American history with civics Examinations are held in January and June during the week in which regents exarninations occur. A certificate of this grade is valid in any depart- ment of any school of the State, subject to section 551 of the Education law and special acts as affect- ing cities. See page 289. A training school certificate is issued for a term of three years. Upon its expiration, from time to time, a train- ing school certificate held by a teacher who has taught under it successfully for a period of 2 years, may be renewed for a period of 10 years, without examinations. Limited State Certificate This certificate, which was described at some length in The School Bulletin for February, 1908(xxxiv. 99) has not received the attention it deserved. Perhaps the requirements for continued teaching under an academic certificate may give the results that were hoped for under this form. A candidate for a limited state certificate is re- quired to pass the special examinations for a state certificate in each of the following subjects . 304 Teachers' Certificates [Part I (1) (2) 2 spelling 5 physics 2 arithmetic 5 civics 2 geography drawing 2 English grammar 3 history of education 5 algebra or psychology 23^ physiology and hy- 3 methods of teaching giene 3 school management 3 American history 2 school law 3 composition and must earn 10 additional counts in subjects named in group (3) under requirements for state certificate. Standings earned in 3 consecutive examinations may be applied towards a limited state certificate. A limited state certificate is issued for a period of 5 years only. It can not be renewed 01 extended, but may be replaced by a state certificate when the holder of it has met the aditional requirenients for such certificate. State Certificates This will always be under our system the king of certificates, and the new regulations will add stimulus to attain it. It is recognized in many other states as qualification for any school, and it is considered especially creditable when a teacher has obtained it by steady progress as he advanced from grade to grade while teaching. A candidate for a state certificate is required to pass a special examination in each of the following subjects. (1) 2 spelling 5 algebra 2 arithmetic 23^ physiology and hygiene 2 geography 3 American history 2 English grammar 3 composition District] State Certificate 305 (2) history of education or psychology 3 methods of teaching 3 school management 2 school law (3) 5 English and Amer- ican literature 5 a foreign language (Latin, French or German) 5 plane geometry 5 physics 5 chemistry or physical geography 23^ botany or zoology 3 history (ancient, Eu- ropean history or history of Great Britain and Ireland ) 2 civics 3 drawing Penmanship has been dropped from the list of required subjects, and for the first time physical geography is made an alternate for chemistry, geology and astronomy are omit- ted, and zoology is made an alternate for botany. Instead of naming general history as a topic, a choice is given of three special kinds of history, book-keeping is omitted, meth- ods and school management are separated, and Spanish is omitted. The numerals prefixed to the subjects in the above list indicate the number of counts allowed each subject when credit is claimed for the subject towards an extending of an academic certificate. In the academic subjects the examinations are based on the Academic syllabus. In composition and in English and American literature the examination is based on the high school work in compo sition and in literature as outlined in the Academic syllabus for the 1st, 2d, 3d, and 4th year English. In spelling, arithmetic and geography, both the Elementary syllabus and the Training class syllabus should be consulted. 306 Teachers' Certificates [Part I Examinations in these subjects for^a state certificate will be more advanced in character than for a preliminary certificate. Examinations for a state certificate are based on the Training class syllabus in the following subjects: history of education psychology methods of teaching school management school law A standing of at least 75% is required in each of the subjects of group (1) and an average standing of at least 75% in the subjects of groups (2 and 3), but no paper is accepted on which a standing of less than 60% has been earned. This is the only examination in which less than 75% is accepted in any subject, and the minimum standing becomes 60% instead of 50%. The standings earned in 4 consecutive examinations may be applied towards this certificate and no further examinations need be required in any subject in which a standing of 9i)% has been earned. The number of trials is increased from 3 to 4, and a standing oi 90% which used to hold good for 5 years now makes no further examinatons in that subject ever necessary at any time. We should be glad to see this principle extended, and the subjects dropped from this examination in which the teacher has already qualified, including all of those in group (1) except perhaps algebra. Then the teacher's work for this certificate could be concentrated on the subjects new to him. Those who have met the conditions for a limited state certificate must earn credit for the remaining subjects for a state certificate in one examination held while the limited certificate is in force. In the preparation of question papers for examinations for a state certificate, it is assumed that candidates are more District] State Certificate 307 mature in judgment and have had experience in teaching. In the rating of answer papers, greater fullness and pre- cision of statement are expected. No person is entitled to a state certificate who has not had at least 3 year's experience in teaching. A state certificate is issued for life. A state certificate is valid in any department of any school in the state Examinations for a state certificate are held in August of each year. Examinations may be held at the following places and in such other places as may from time to time be designated by the Commis- sioner of Education. Albany Malone Binghamton New York Buffalo Norwich Chautauqua Assembly Ogdensburg Cortland Oneonta Fort Edward Rochester Hornell Salamanca Ithaca Syracuse Kingston Utica Liberty Watertown College Graduate Certificates College graduate certificates are of four classes: college graduate limited, college graduate life, college graduate professional provisional, college graduate professional. They are issued by the Commissioner of education. 308 Teachers' Certificates [Part I College Graduate Limited A college graduate limited certificate is issued for a term of 2 years. It is valid in any department of any school in the state except in primary and grammar grades of the city schools. The candidate must be a graduate of a college approved by the education department and must have received the bachelor's degree in a course approved by the education department. There was much criticism when college graduates were first allowed to teach without examination. "They are just the ones who ought to be able to pass an examination," was the cry. But they are also just the ones who have passed examination after examination, much harder than are put for teacher's certificates. To require a graduate of Yale to answer questions in arithmetic and geography is to dis- credit his courses in preparatory school and in college. Be- sides, as we remarked in regard to the new academic diploma, the last year in college with the final college examinations is the hardest and demands all the student's time and inter- est. To divert his attention by requiring him to review on subjects of years ago in order to pass a teachers' examina- tion prepared for persons who have had only district school education is to deprive him of opportunity to do his best where his best is most iinportant. Of course the mere name college is not sufficient. In this state we have done away with pretension ; the naine college means the equipment of a college; but in many states any one may use the name even if he only teaches barbers how to cut hair. The education department takes pains to know that an institution is doing real college work before it ap- proves of it as a college but its rulings are generous,and those who have done the work a college diploma should signify in a college that exacts such work, will secure this certificate. District] College Graduate Certificates 309 A college graduate limited certificate may be re- newed for a period of 1 year if within the 2 years for which it was issued the older has passed the special examinations required. Here again the general principle applies. It is easy for a college graduate to begin teaching, and he has two years in which to rest from the examinations that have teased him all his life. But if he has the spirit of a teacher he will inform himself upon these topics so essential in teaching; after an examination upon them he may have a renewal for another year. He then becomes eligible for the college gradtiate cer- tificate named below. The subjects of these examinations are: psychology history of education principles of education methods of teaching The examinations are based on the syllabus found in the Course of study and syllabus for the college graduate pro- fessional certificate and for the renewal of the college grad- uate certificate limited. Examinations for renewal are held in May and August of each year. The May examinations are held in connection with the other professional licensing examinations in Albany, Buffalo, New York and Syracuse and at other places designated from time to time by tbe Education department. The August examinations are held at the various colleges in the State where summer courses are conducted, covering wholly or in part the course of work outlined in the Course of study and syllabus for the college graduate professional certificate and for the renewal of the college graduate certi- ficate limited. College Graduate Life Certificate A college graduate life certificate may be issued to one who has completed a four year course of study at an approved college and has received a bachelor's 310 Teachers' Certificates [Part I degree and who presents evidence of 3 year's success- ful experience in teaching since graduation, 2 years of which have been in New York state. College Graduate Professional Provisional Certificate A college graduate profesional provisional certi- ficate valid for 3 years in any grade of any school in the state, may be issued to any graduate of an approv- ed college who has completed therein a course in education under the regulations of the Education department. This is to encourage pedagogical work in college. It not only renders subsequent examination unnecessary, but it is good in primary and grammar grades of cities, which the col- lege graduate limited does not qualify for. College Graduate Professional Certificate On evidence of 3 years successful experience in teaching the holder of a college graduate provisional certificate is entitled to receive a permanent college graduate professional certificate. Temporary License In addition to the foregoing certificates, the Com- missioner of education may in his discretion, issue temporary licenses valid for 20 weeks, but only in cases in which public convenience absolutely requires it, and then only on the recommendation of the school commissioner or superintendent having jurisdiction. These have been the weak point of our certificate system. However satisfactory the plan be theoretically, if it can be evaded by special indulgence to favored persons, those who have abided by the rules become discouraged. Yet emer- gencies arise where a teacher must be provided and can be provided only in this way. But while temporary licenses to some extent are a necessary evil, the present regulations District] Special Certificates 311 tend to reduce that evil to a minimum, and teachers will be disappointed who rely upon this expedient to escape exam- inations. Special Certificates These certificates may be granted to those candid- ates who desire to teach a special subject only, tech- nical in character, and who have made special pre- paration for the work. The certificate will entitle its holder to teach the special subject only. No temporary license will be granted unless satisfactory evidence is furnished that the candidate is qualified, and sufficient reasons are given why the candidate is not the holder of a regular certificate. These certificates have been a bone of contention. Or- iginally all teachers with the single exception of those in vocal music were required to take the uniform examinations, but as more and more special teachers were required, in more and more subjects, it became manifest that New York was losing desirable teachers who instead of coming here to be examined in arithmetic would go to other states where the requirements were more liberal. The New York requirements are now generous. They in- sist upon graduation from an approved high school, or the equivalent, for they rightly assume that even a special teach- er should have a fair general education. When a certificate is once obtained it is practically permanent. A special certificate may be granted for 3 years and after 2 years of successful experience it may be re- newed for 5 year periods. No special certificate will be granted, even though it be earned, except at the request of a superintendent or com- missioner after the applicant shall have been assured of a position to teach. The applicant for any certificate, special in nature must furnish evidence of graduation from an approv- ed high school or the equivalent, and also from an 312 Teachers' Certificates [Part I approved professional institution wherein he has completed a course of study in the special subject. In addition he must establish to the satisfaction of the commissioner of education that he is qualified to teach such special subject. The above educational requirements apply to special certificates to teach: elocution domestic science manual training vocal music kindergarten drawing commercial branches stenography In addition for the last four certificates named, can- didates must pass the Department examinations pre- scribed below, and may combine for a certificate the standing earned in any 4 consecutive examinations. The Commissioner of education may accept the completion of an approved cotirse in . a degree-conferring institution registered with the regents in lieu of such examination. a Kindergarten certificate. Training school ex- aminations in history of education, psychology and principles of education, school management, and and special examinations in primary methods and in kindergarten methods. It will be observed that these are the training school, not training class, examinations, and the subjects are especially important to kindergarten teachers. 6 Drawing certificate. Special examinations in drawing. c Commercial certificate. Regents examinations in advanced book-keeping, business arithmetic, com- mercial law^ d Stenographers certificate. Regents examinations in stenography and typewriting. CHAPTER XXIV Union Free School Districts The union free school district is peculiarly a New York institution. When a common district becomes large enough to have two or more teachers it usually changes to this form of government The differences between a common and a union free school district will be noted as we take up the various methods of procedure, but this summary will prove convenient. (o) Organization 1. The district is established by the school commissioner; the union free school district by special meeting. (20, 38) Pages 9, 315 2. Boards of education must have regular meetings at least once each quarter; there is no such requirement on trustees. (231) Page 324,6. (b) Powers of the school meeting in union free dchool dis- tricts that do not exist in ordinary districts. 3. To provide free text books. (96, 583). Page 330 4. To establish an academic department. (229) Page 333 5. To establish evening schools for industrial drawing (801). Page 327 6. To estabhsh industrial schools. (822). Page 328 7. To establish separate schools for colored children. (822) Page 328 (c) Powers of the board of education that do not exist in ordinary districts. (313) 314 Union Free School Districts [Part II 8. To remove a member of the board. (229, 338). Page 339 9. To hire teachers for more than a year. (502) . Page 108 10. If of 5000 inhabitants, to appoint a superintendent. (230). Page 340 11. To maintain a teachers' class. (640). Page 341 12. To levy a tax for contingent expenses. (240, 244). Page 345 13. To appoint attendance officers. (535). Page 192 14. To provide instruction in vocal music. (802). Page 328 15. To borrow money in anticipation of taxes. (195, 229). Page 340 (d) Powers exercised in common districts by the district meeting; in union free school districts by the board of educa- tion. 16. To elect clerk, collector, and treasurer. (96, 174). Pages 342, 3 17. To fill vacancies in the board. (150, 229). Page 339 IS. To waive relationship of teacher to trustees. (564) Page 338 19. To prescribe text-books. (229, 580). Page 330 20. To purchase furniture. (196, 229). Page 331 {e) Powers exercised by trustees with restriction ; by boards of education ivithout restriction. 21. To purchase books and apparatus (196, 229). Page 331 22. To repair schoolhouses and furniture. (196, 229) Page 331 23. To provide fuel, furniture, and other necessaries. (196, 229). Page 338 Union School] Formation 315 (/") Powers in which approval of the school commissioner is required in common school districts but not in union free school districts. 24. To raise tax for the expense of water closets. (116) Pages 72, 340 ig) Requirements upon union schools and not upon dis- rict schools. 25. To give free instruction in industrial drawing. (800) . Page 327 26. To publish report in newspaper (141). Page 347 Whenever 15 persons entitled to vote at any meet- ing of the inhabitants of any school district in the state, sign a request for a meeting, to be held for the purpose of determining whether a union free school be established therein, the trustees of such district must within 10 days after such request has been pre- sented to them give public notice that a meeting of the inhabitants of such district entitled to vote there- at will be held for such purpose as aforesaid, at the school-house, or other more suitable place, in such district, on a day and at an hour in such notice to be specified, not less than 20 nor more than 30 days after the publication of such notice. (38) The adoption at an annual meeting of a resolution to change to a union free school does not establish a union free school. (D 4380) If the trustees refuse to give such notice, or neglect to give the same for 20 days, the commissioner of education may- authorize and direct any inhabitant of such district to give he .same. The qualifications of the inhabitants entitled to 316 Union Free School Districts [Part II vote at such meeting, must be sufficiently set forth in the notice aforesaid. (D 4365) Whenever such district corresponds wholly or in part with an incorporated village, in which there is published a daily or weekly newspaper, the notice aforesaid must be given by posting at least 5 copies thereof, severally, in various conspicuous places in said district, at least 20 days prior to such meeting, and by causing the same to be published once a week for 3 consecutive weeks before such meeting, in all the newspapers published in said district. (39) In other districts the notice must be given by posting the same as aforesaid, and in addition thereto, the trustees of such district must authorize and require any taxable inhab- itant of the same, to notify every other inhabitant, qualified to vote as aforesaid, of such meeting, to be called as afore- said, who must give such notification by reading said notice in his hearing, or in case of his absence from home, by leaving a copy thereof, or so much thereof as relates to the time, place and object of the meeting, at the place of his abode at least 20 days prior to the time of such meeting. (39) The reasonable expense of such notices, and of their pub- lication and service, is chargeable upon the district, in case a union free school is established by the meeting so convened, to be levied and collected by the trustees, as in case of taxes now levied for school purposes; but if such union free school is not established, then the said expense is chargeable upon the inhabitants signing the request, jointly and severally, to be sued for, if necessary, in any court having jurisdiction of the same. (40) Whenever 15 persons, entitled as aforesaid, from each of 2 or more adjoining districts, unite in a request for a meeting of the inhabitants of such districts, to determine whether such districts be consolidated by Union School] Formation 317 the establishment of a union free school therefor and therein, it is the duty of the trustees of such districts, or a majority of them, to give like public notice of such meeting, at some convenient place within such districts, and as central as may be, within the time and to be published and served as above in each of such districts. (41) The reasonable expenses of preparing, publishing and serv- ing such notices are chargeable upon the union free school district, and must be collected by tax, if a union free school be established pursuant to such request, but otherwise the signers of the request are jointly and severally liable for such expenses. The commissioner of education may order such meeting under the conditions and in the manner prescribed. above. (41) Any such meeting held pursuant to the fore- going provisions must be organized by the election of a chairman and secretary, and may be adjourned from time to time, by a majority vote, provided that such adjournment shall not be for a longer period than 10 days; and whenever at any such meeting duly called and held, at least 15 qualified voters of the districts are present; or at least 15 qualified voters of each of the two or more adjoining districts, joining in the re- quest, are present, such meeting may, by the affirm- ative vote of a majority present and voting (46 Pac 212) adopt a resolution to establish a union free school in said district, or to consolidate the two or more ad- joining districts by establishing a union free school in said districts pursuant to the notice of said meeting. (42) If said meeting determines to establish a union free school in said districts as aforesaid, it is lawful for 318 Union Free School Districts [Part II such meeting thereafter to proceed to the election of a board of education as provided hereafter. (42, 220-4) The school commissioner in whose district the union free school district is thus organized must designate such district as union free school district number of the town of ... . and the said board has the name and style of the board of education of (adding the designation aforesaid.) (42) Copies of said request, notice of meeting, order of the commissioner of education directing some inhabitant to call said meeting, if any, and minutes of said meeting, duly cer- tified by the chairinan and secretary thereof, must be trans- mitted and deposited, immediately after such meeting by one of such officers, one to and with the town clerk, one to and with the school commissioner in whose jurisdiction said dis- tricts are located, and one to and with the commissioner of education. (42) If at any such meeting, the question as to the establish- ment of a union free school is not decided in the affirmative, as aforesaid, then all further proceedings at such meeting, except a motion to reconsider or adjourn, must be dispensed with, and no such meeting may be again called within one year thereafter. (42) When any such meeting has established a union free school in said districts, such union free school district may not be dissolved within the period of one year from the 1st Tuesday of August next after such meeting. (42, 43) In union free school districts whose limits are not coterminous with those of an incorporated village or city, and in which the number of children of school age exceeds 300, as shown by the last annual report of the board of education to the school commissioner, the qualified voters of any such district may by a vote of a majority of those present and voting, at any annual meeting, or at any duly called special Union School] Meetings 319 meeting, to be ascertained by taking and recording the ayes and noes, determine that the election of the members of the board of education shall be held on the Wednesday next following the day designated by law for holding the annual meeting of said district. (223) This does not apply to any school district organized under a special act of the legislature, in which the time, manner and form of the election of district officers is different from that prescribed for the election of officers in union free school dis- tricts, organized under the general law, nor to any of the union free school districts in the counties of Chenango, Erie, Saint Lawrence, Suffolk and Warren. (223) This expression "coterminous with" or "whose limits do not correspond with" is a common one in the school law, the distinction being important because where the school district and the village or city coincide, the school election is held on separate ballot as part of the village or city elec- tion, while if the boundaries do not coincide the district has a special election of its own (222). See Village chapter. Within 10 days after the school commissioner has designated any separate school district containing in- corporated villages, he must call a special meeting of the qualified voters of such school district at a time and place to be named by him to elect a board of ed- ucation to consist of 6 members, 2 of whom shall be elected for 1 year, 2 for 2 years, and 2 for 3 years from the date of the annual school meeting next succeeding such special meeting. (224) The call for this special meeting must be published as provided for the special meeting to determine as to whether the school district shall be divided. (28) The school com- missioner must call such special meeting to order and the voters present must elect a chairman and secretary for such 320 Union Free School Districts [Part II mcclin}^ aiul ;ipi)<)iiil :'. Idlers to canvass the votes cast. After the votes have been canvassed the chairman and sec- retary forthwith certify the result of such canvass to the said school commissioner, who must within 5 days thereafter call together the members of the board of education, shown by said certificate to have Ijeen elected, for the purpose of or- ganization, and said certificate of the result (jf such canvass thereupon becomes a part of the record of said school dis- trict. (224) The l)oard of education must, at the exjjense of the district, provide a suitable box in which the ballots are deposited as they are received. Such ballots must contain the names of the persons voted for, and designate the office for whl^^l. each of said names is voted. The ballots may be either written or ])riiite (>{ their muuber to act as inspectors. (223) The clerk of iVic board of education must attend at the election and record in a fiook, to he [jrovided for that purpose, the name of each elector as he deposits his ballot. If the clerk of the board of education is absent, or is unaljle or refuses to act, the board of education or insjjcctors of elec- tion must appoint some person who is a le^al voter in the district to act in his place. Any clerk or acting clerk who shall nefjlect or refuse to record the name of a fjerson whose ballot is received by the inspectors, shall bo liable to a fine of $2.'), to be sued for by the supervisor of the town. (22.'}) In any union free school district established under the laws of this state, and which has been established for the period of 1 year or more, it is the duty of the board of education, upon the application of 15 resi- dent taxpayers of such district, to call a special meet- 322 Union Free School Districts [Part II ing in the manner pre?cribed by law, for the purpose of determining whether appHcation shall be made for the dissolution of such union free school district, and for its reorganization as one or more common school districts. (43) Whenever at such meeting it is determined by a majority vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, not to dissolve such union free school district, no other meeting for a sim- ilar purpose shall be held in said district within 3 years from the time the first meeting was held. (44) But if it is determined by a f vote of the legal voters present and voting, to be ascertained by taking and recording the ayes and noes, to dissolve such union free school district, it is the duty of the board of education to present to the school commissioner of the commissioner district in which said union free school is situated a certified copy of the call, notice and proceedings. If the school commissioner approves the proceedings of said meeting, he must certify the same to the board of education. Such approval does not take effect until the day preceding the 1st Tuesday of August next suc- ceeding ; but after that date such district ceases to be a union free school district. (44) If any union free school district dissolved under the fore- going provisions has been established by the consolidation of 2 or more districts, it is lawful for the school commissioner to order that its territory be divided into 2 or more districts, to correspond, so far as practicable, with the districts there- tofore consolidated. (45) The school commissioner may make his approval of the proceedings of any such meeting held as aforesaid conditional upon the payment by the district which has been most greatly benefitted by the consolidation in the way of build- ings and other improvements to the other districts into which the said union free school district is divided, of such sum of money as he may deem equitable. (46) If the school commissioner shall not approve the proceed- Union School] Dissolution 323 ings of any such meeting, held as aforesaid, for the purpose of dissolving a union free school district, no other meeting shall be held in such district, for a similar purpose, within 3 years from the time the first meeting was held. (47) Whenever the proceedings of such a meeting have been approved by such school commissioner and have been cer- tified by him to the board of education, it is the duty of the board of education of the district affected forthwith to notify the commissioner of education, and to furnish him copies of the call, notice, proceedings of the meeting, and the action taken by such school commissioner thereon. (48) All moneys remaining in the hands of the treasurer of the union free school district when the order of dissolution shall take effect must be apportioned equitably among the several districts into which such union free school district is divided, and must be paid over to the collectors or treasurers of such districts when they shall have been elected and have qualified according to law. (49) The districts formed by the dissolution of a union free school district, must hold their annual meetings on the 1st Tuesday of August next after the dissolution and elect officers as required by law. (27, 28, 87) On the written consent of the boards of education of the districts affected the school commissioner may dissolve a union free school district when it adjoins another union free school district and both of such union free school districts are wholly or partly located within the limits of a city or an incorporated village and annex the territory of such dis- solved district to the remaining union free school district. (26) The bonded indebtedness of each of such districts becomes, upon such dissolution and annexation, a charge upon the enlarged district thus formed Such district succeeds to all the rights of property possessed by the an- nulled district. The board of education of such district must raise by tax an amount sufficient to pay any of the bonds and interest thereon as the same shall become due. (26) CHAPTER XXV Union Free School District Officers The board of education of each union free school district or city is hereby created a body corporate. (220) This is true of the district trustees. (190) A member of a board of education of a school district is held in Nebraska to be a ministerial officer within the meaning of a statute providing for the punishment of a certain public officers for malfeasance in office. (59 L R A 915) It must at its first meeting and at each annual meeting thereafter, elect one of its members president, (220) This is not customary among the three trustees. Whenever the boundaries of the district are not coterminous with the boundaries of an incor- porated city or village, the meeting at which such union free school district is established must elect by ballot not less than 8 nor tnore than 9 trustees, who shall by the order of such meeting, be divided into 3 classes, the first to hold until 1, the second until 2, and the third until 3 years from the 1st Tuesday of August next following except as in the next section provided. (221) Thereafter there must be elected in such districts, at the annual meeting, trustees to supply the places of those whose terms of oflfice, by the classification aforesaid, expire. (221) The trustees thus elected, must enter at once upon their ofifices, and the oflfice of any existing trustees in such districts, before the establishment of a union (334) Union School] Meetings 325 free school therein, cease. The said trustees and their successors in office constitute the board of education of and for the union free school distrist thus estab- lished and for which they are elected. (221. Com- pare 144) The former officers still continue in office for the purpose of providing for and paying all just debts of the district. (32) At any annual meeting, the qualified voters may determine by a majority vote of such voters present and voting, to be ascertained by taking and recording the ayes and noes, to increase or diminish the number of members of the board of education of such district. If such board consists of less than 9 members, and such meeting determines to increase the number, such meeting elects such additional number so determined upon, and divides such number into 3 classes, the first to hold office 1 year, the second 2 years and the third .3 years. If such meeting determines to diminish the number no election is held to fill the vacancies of the outgoing members until the number of members corresponds to the number which such meeting de- termines to compose such board. No board of education of such district may consist of less than 3 nor more than 9 members. No change shall be made in the number of trustees of any such school district unless no- tice is given by the board of education at the time and in the same manner that notice is given of the annual school meeting. (227) If the district is coterminous with a village or city this change of number must be voted in at a special meeting, called in response to'an application from at least 15 resident taxpayers. (226) For cause shown, and after giving notice of the charge and opportunity of defence, the commissioner of education may remove any member of a board of education. (228) (D 4773; 63 Hun 389; 37 Ap Div 44) Wilful disobedience of any lawful requirement of the'com- missioner of education, or a want of due diligence in obeying such requirement or wilful violation or neglect of duty is cause for removal. (228) This is true of school trustees. (338) The annual meeting of a board of education of every union free school district whose limits are not coterminous with those of a village is held on Tuesday 326 Board of Education [Part II next after the annual school district meeting therein, or if its limits are coterminous with those of an in- corporated village or city, on the Tuesday next after the election of the members of such board at the an- nual charter election. (225) It is the duty of the board of education to have a regular meeting at least once in each quarter, and at such meetings to appoint one or more committees, to visit every school or department under the super- vision of said board, and such committees must visit all said schools at least twice in each quarter, and re- port at the next regular meeting of the board on the condition thereof. (231) The meetings of all such boards must be open to the public, but said boards may hold executive sessions, at which ses- sions only the members of such boards or the persons invited may be present. (231) The board of education posess all the powers and privileges, and are subject to all the duties in respect to the common schools, or the common school departments in any union free school in said dis- tricts, which the trustees of common schools possess or are subject to not specially provided for in this article, and not inconsistent with the special autho- rity granted; and enjoy, whenever an academic department shall be by them established, all the immunities and privileges now enjoyed by the trustees of academies in this state. (235) They have power, and it is their duty : 1. To adopt such by-laws and rules as shall seem proper in the discharge of the duties required under the provisions of this chapter. (229) Union schools] Powers 327 This need not be specified for a board of trustees, which is sometimes a single trustee. In Illinois it is held that boards of education do not have those of trustees except as conferred by statute. (23 III A 629; 47 111 525; 71 111 532; 72 111 508; 76 111 189; 82 111 132; 87 111 255; 32 111 A 336; 12 111 A 570) 2. To establish such rules and regulations concern- ing the order and discipline of the schools, in the several departments thereof, as they may deem necessary to secure the best educational results. (229) This power is given to trustees. (195) . See pages 148—262. 3. To prescribe the course of study by which the pupils of the schools shall be graded and classified, and to regulate the admission of pupils and their trans- fer from one class or department to another, as their scholarship shall warrant. (229) This general power is given to trustees. (195, 78 Pac812) See pages 199—220. But the following subject is mandatory in union free schools, but not in district schools. They must cause free instruction to be given in in- dustrial or free-hand drawing in the schools under their charge, unless excused therefrom by the com- missioner of education. (800) In each of the state normal schools the course of study must embrace instruction in industrial or free-hand drawing. The board of education in each city in this state must cause free instruction to be given in industrial or free-hand drawing in at least one department of the schools under their charge. (800) The board of education may establish and maintain even- ing schools for free instruction in industrial drawing, when- ever the qualified electors so direct, and make provision for the maintenance of such schools. Such electors also have power, whenever they think it advisable, to raise such moneys as are necessary for other purposes. (801) 328 Board of Education [Part II They may cause free instruction to be given in vocal music in the schools under their charge. (802) The coiTimissioner of education may provide instruction in vocal music in all teachers' institutes held throughout the state. In each of the state normal schools the course of study may embrace instruction in vocal music. (802) The board of education in a city and the officer having the management and supervision of the public school system in a city not having a board of educa- tion and the board of education in a union free school district which authorizes the establishment of a gen- eral industrial or a trade school is vested with the same power and authority over the management, super- vision and control of such school and the teachers or instructors employed therein as such board or ofificer now has over the schools and teachers under their charge. Such boards of education or such officer also have full power and authority: 1. To employ competent teachers or instructors. 2. To provide proper courses of study. 3. To purchase or acquire sites and grounds and to purchase, acquire, lease or construct and to repair suitable shops or buildings and to properly equip the same. 4. To purchase necessary machinery, tools, ap- paratus and supplies. (822) The commissioner of education in the annual ap- portionment of the state school moneys apportions therefrom to each city and union free school district the sum of $500 for each independently organized general industrial or trade school maintained therein for forty weeks during the school year and employing Union School] Industrial Schools 329 one teacher whose work is devoted exclusively to such school, and having an enrollment of at least 25 pupils and maintaining a course of study approved by him. (823) He also makes an additional apportionment to each city and union free school district of $200 for each additional' teacher employed exclusively in such schools for 40 weekS' during the school year. (823) All such moneys apportioned by the commissioner of edu- cation must be used exclusively for the support and main- tenance of such schools in the city or district to which such moneys are apportioned. But the commissioner of educa- tion may in his discretion apportion to a district or city main- taining such schools or employing such teachers for a shorter time than 40 weeks, an amount pro rata to the time such schools are maintained or such teachers are employed. This section must not be construed to entitle manual training high schools or other secondary schools maintaining manual training departments, to an apportionment of funds herein provided for. (823) Where the district system does not prevail the duty of assigning pupils to the various schools devolves on the school board. (79 N E 481) and a school may be closed and pupils transferred to other schools. It is within the judgment of an Indiana trustee to close a school of fewer than 12 pupils and transfer them to other schools, furnishing conveyance when necessary. (70 N E 805) If authorized by the district meeting they may establish separate schools for colored children, a power the common district does not possess. (981) (23 Am St 895; 78 Pac 455, 84 Pac 538. But see 45 Kan 152, 51 Pac 741) These schools must receive the same case and be furnished 330 Board of Education [Part II the same facilities for instruction as the schools for white children. (981, 2) (66 Kan 672. 72 Pac 274, 97 Pac 216. 99 Pac 222.) In N. C. negroes to the 4th generation are excluded from a white school, "if by tracing back through his father or mother four successive generations a negro ancestor is reached." (10 L R A 823) 4. To prescribe the text-books to be used in the schools, and to compel a uniformity in the use of the same, and to furnish the same to pupils out of any moneys provided for that purpose. (229) In the district text-books are adopted at district meeting. (580-2) The district is not permitted to furnish free text-books. (96) The board of education may furnish them only when money is provided by the union free school district. (583) When a text-book has been adopted, it is not lawful to supersede the text-book so adopted by any other book within a period of 5 years from the time of such adoption, except upon a I vote of the board of education. (581) Any person violating any of the provisions of this article is liable to a penalty of not less than $50 nor more than $100 for every such violation, to be sued for by any taxpayer of the school district, and recovered before any justice of the peace, said fine, when collected, to be paid to the collector or treasurer for the benefit of said school district. (582) 5. To make provision for the instruction of pupils in physiology and hygiene with special reference to the effect of alcoholic drinks, stimulants and narcotics upon the human system. (229) This requirement is also saddled upon the district. (195) For details see pages 201—5. 6. To purchase sites, or additions thereto, for school- houses for the district, as designated by a meeting of the district; and to construct such school-houses, and Union School] Schoolhouses 331 additions thereto as may be so designated; to purchase furniture and apparatus for such school-houses ; to keep such school-houses and the furniture and apparatus therein in repair; to hire rooms in which to maintain and conduct schools when the rooms in the school-houses are overcrowded, or when such school-houses are destroyed, injured or damaged by the elements, and to fit up atui furnish such rooms in a suitable manner for conducting schools therein; to insure the school-houses and their furniture, apparatus and appurtenances, and the school library, in some company created by or under the laws of this state, or in some insurance company authorized by law to transact business in this state, and to comply with the cottditions of the policy, and raise the sums paid for premiums by district tax. (229) These are in general the powers of trustees, but except by vote of the district trustees may not expend in one year more than $50 for repairs ; or more than $25 of the district's money for library and apparatus. As this last is duplicated by the state (454) the amount trustees may spend for library and apparatus is $50 each year. Boards of education are unlimited in these powers. (195, 6) A board of education in a union free school district con- taining a population of 5,000 or more may, without a vote of the qualified voters of said district, designate sites or ad- ditions thereto for school-houses. (117) The provisions as to condemnation apply to union free school districts and to districts organized under special laws. (122, 125) No addition to or change of site or purchase of a new site or tax for the purchase of any new site or structure, or for the purchase of an addition to the site of any school-house, or for building any new 332 Board of Education [Part II school-house or for the erection of an addition to any school-house already built, may be voted unless a notice by the board of education stating that such tax will be proposed, and specifying the amount and ob- ject thereof, has been published once in each week for the 4 weeks next preceding such district meeting, in 2 newspapers if there shall be 2,|[or in 1 newspaper if there shall be but 1, published in such district. (126) If no newspaper is then published therein, the said notice must be posted in at least 20 of the most public places in said district 20 days before the time of such meeting. (126) In a common school district the notice of a special meeting to authorize any of the improvements enumerated in this sec- tion is given by serving notice. (86) 7. To take charge and possession of the school-houses, sites, lots, furniture, books, apparatus, and all school property within their respective districts. (229) The title of the same is vested respectively in said board of education, and the same is to be subject to taxation for any purpose. (229) Trustees have the same power. (195) 8. To sell, when thereto authorized by a vote of the qualified voters of the school-district, any former school site or lot, or any real estate the title to which is vested in the board, and the buildings thereon, and appur- tenances or any part thereof, at such price a-ytd upon such terms as said voters shall prescribe, and to convey the same by deed to be executed by the board or a m.ajority of the members thereof. (229) All moneys arising from any such sale are to be used and applied for the benefit of the school district, as the voters thereof shall by resolution direct. (229) The district trustees have similar power. (120) Union School] Academies 333 9. To take and hold for the use of the said schools or of any department of the same, any real estate trans- ferred to it by gift, grant, bequest or devise, or any gift legacy or annuity, of whatever kind, given or bequeathed to the said board, and apply the same, or the interest or proceeds thereof, according to the instructions of the donor or testator. (229) Trustees have similar power. (480) 10. To have in all respects, the superintendence, management and control of said union free schools, and to establish in the same an academic department, whatever in their judgment the same is warranted by the dema-nd for such instruction. (229) Trustees have no such power. If there shall exist within its district an academy the board of education, if thereto authorized by a vote of the voters of the district, may adopt such academy as the academic department of the district, with the consent of the trustees of the academy, and thereupon the trustees, by a resolution to be attested by the signatures of the officers of the board and filed in the office of the clerk of the county, must declare their offices vacant, and thereafter the said academy becomes the academic department of such union free school. (236) The board of education when thereto authorized by a vote of the quahfied voters of the district may lease said academy and site, and maintain the academic department of such union free school therein and thereon. (236) The board of education of a union free school dis- trict, with the approval of the commissioner of ed- 334 Board of Education [Part II ucation, and the regents of the university, may adopt an academy as the academic department there- of, and contract for the instruction therein of pupils of academic grade, residing in the district. (237) The academy thereupon becomes the academic depart- ment of such union free school, and the district is entitled to the same rights and privileges is subject to the same duties, and the apportionment and distribution of state school money shall be made to it, as if an academic department had been established in such school. (237) If there is, in a dissolved union free school district, an acad- emy which has been adopted as the academic department of the union free school, it must, upon the application of a majority of the surviving resident former trustees or stock- holders, be transferred by the board of education to said for- mer trustees or stockholders. (238) Every academic department is under the visita- tion of the regents of the university, and is subject, in its course of education and matters pertaining thereto, but not in reference to the buildings in which the same is conducted, to all the regulations made in regard to academies by the said regents. (239) In such departments the qualifications for the entrance of any pupil must be as high as those estabilshed by the said regents for participation in the literature fund of any academy of the state under their supervision. (239) The regents establish in the academies of the uni- versity examinations in studies furnishing a suitable standard of graduation from academies and of ad- mission to colleges, and certificates or diplomas are conferred by the regents on students who satisfac- torily pass such examinations. (1088) Any person must be admitted to these examina- tions who conforms to the rules and pays the fees Union School] Academic Fund 335 prescribed by the agents, and said fees may not ex- ceed $1 for each academic branch, or $5 for each higher branch in which the candidate is examined; and all fees received may be used by the regents for expenses of examinations. (1089) The commissioner of education apportions the money annually appropriated for the support of cities, academies, academic departments and librar- rier in accordance with regulations established or to be established by him as follows: It will be observed that this is a wholly different appro- priation from the school moneys, page 266. 1. To each city, union school district and nonsec- tarian academy maintaining an academic department, a quota of $100 for each such academic department maintained therein. This apportionment shall be known as the academic quota. 2. To each non-sectarian private academy an allow- ance equal to the amount raised from local sources but not to exceed $250 annually for approved books, standard pictures and apparatus. (453) 3. To each city an allowance equal to the amount raised from local sources but not to exceed $18 and $2 additional for each duly licensed teacher employed therein for the legal term, and $250 for each academic department maintained by it for approved standard pictures, books and apparatus. (453) 4. To each union school district maintaining an academic department an allowance equal to the amount raised from local sources, but not to exceed annually and $20 additional for each teacher 336 Board of Education [Part II employed in said district for the legal term for ap- proved books, standard pictures and apparatus. (453 5. To all other school districts an allowance equal to the amount raised from local sources but not to exceed $18 annually and $2 additional for each duly licensed teacher employed in said district for the legal term for approved books, geographical maps and a globe. (453) 6. To each city and union school district maintain- ing an academic department, $20 per year for at least 32 weeks' instruction or a proportionate amount if for 8 weeks or more for each nonresident pupil attend- ing the academic department of such school from dis- tricts not maintaining such academic departments and who is admitted to such academic department without other expense for tuition than that provided herein. (453) 7. After the payment of the allowances herein provided for the balance is divided among the several cities, school districts and academies maintaining academic departments on the basis of aggregate days' attendance of academic pupils therein. (453) 8. The commissioner sets aside at the beginning of the fiscal year a sum which in his opinion will be sufficient to pay the allowances for books and apparatus herein provided before making the other apportionments as directed by this article. The allowance for books and apparatus is apportioned and paid as often during each year as the commissioner may de- termine. All other apportionments above provided for are miade so far as possible during the month of October each year on the basis of the reports of the previous year. (453) 9. To entitle a city, academy, academic department or library to an apportionment from this fund the school auth. - ities having control must render a satisfactory report for the Union School] Academic Fund 337 preceding year to the commissioner of education before Sept. 20 in each year unless such neglect is excused by the commis- sioner for sufficient reason. They inust also have complied with all regents' laws and ordinances during the preceding academic year. (453) Payment from this fund is made to the county treasurer •of each county for all schools located in such county, by the state treasurer on the warrant of the comptroller on the cer- tificate of the commissioner of education. (454) The commissioner of education immediately after making an apportionment certifies to the county treasurer of every county included in such apportionment excepting those counties included within the territory of the city of New York, with respect to his county, the name of each academy, the number of each school district and the town in which it is situated and the name of each city to which money has been allotted and the amount allotted to each. The county treasurer, upon the receipt of such certificate and payment fro:Ti the state treasurer, pays to the treasurer, if there be one, otherwise to the disbursing officer or collector of each school district, academy and city named in the certificate of the commissioner of education the amount to which said district, academy or city is entitled as shown by such certificate. (454) Any apportionment made to the city of New York is certified and paid to the chamberlain of the city of New York, and any apportionment made to any private academy therein is certified and paid directly to the disburs- ing officer of the academy to which the apportionment is made. (454) The county treasurers of the state must, upon Oct. 1 of each year and at such other times as the commissioner of ed- ucation may require, make a report for the preceding year to the commissioner of education, showing the amount of money received by them from this fund and the school dis- tricts, cities or academies to which such money has been paid and the amount paid to each, and the amount, if any, remain- ing in their hands unclaiined by any school district, city or academy together with any other fact relative to the dis- bursement of this fund which said commissioner may re- quire. (455) 338 Board of Education [Part II To receive into said union free schools any pupils residing out of said district, and to regulate and estab- lish the tuition fees of such nonresident pupils in the several departments of said schools. (229) If such nonresident pupils, their parents or guardians, are liable to be taxed for the support of said schools in the dis- tricts, or either of them, on account of owning property therein, the amount of any such tax paid by a nonresident pupil, his parent or guardian, must be deducted from the charge for tuitions. (229) Trustees have the same power. (195) See page 173 The state makes an allowance of $20 a year for each non-resident pupil from districts not maintaining an academic department, provided he is admitted without further charge for tuition. (453) To provide fuel, furniture, apparatus and other necessaries for the use of said schools, and to appoint such librarians as they may from time to time deem nec- essary. (229) They have already been authorized (229; see page 330) to provide furniture and apparatus. The power of the trustees to provide fuel and other necessaries without vote of the district is limited to $50. (195) Trustees also appoint the librarian. (1045) 11. To contract with and employ qualified teachers, to determine the number of teachers to be employed in the several departments of instruction in said school, and at the time of such employment to make afid deliver to each teacher a written contract. (229, 562) Trustees have the same power. (195) No person who is related by blood or marriage to any member of a board of education shall be employed as a teacher by such board, except upon the consent Union SchooP Powers 339 in writing of f of the members thereof, to be entered upon the proceedings of the board. (564) In common districts this consent must be by district meet- ing. (564) 12. To fill any vacancy which may occur in said hoard by reason of the death, resignation, removal from office or from the school district, or refuse to serve, of any m.ember or officer of said board. (229) The person so appointed in the place of any such member of the board holds oflfice until the next election of trustees. In case of the failure of such board to fill such vacancy, and in case no special election is ordered for filling the same for a period of 30 days, the same may be filled by the school commissioner having jurisdiction. The commissioner of ed- ucation may order a special election to be held in any district for the purpose of filling such vacancy, and when such special election is ordered the vacancy must not be filled otherwise. (229. See D 4343, 4404) In common districts a vacancy is filled by the district meeting. (150) 13. To remove any member of their board for official misconduct. (229) A written copy of all charges made of such misconduct must be served upon him at least 10 days before the time appointed for a hearing of the same ; and he must be allowed a full and fair opportunity to refute such charges before removal. (229) A trustee can be removed only by the commissioner of ed- ucation. (338) 14. To provide and maintain suitable and conven- ient waterclosets. (229) They must provide and maintain suitable and convenient water-closets or privies for each of the schools under their charge, at least two in number. Any expense incurred by said board in carrying out the foregoing provisions is a charge 340 Board of Education [Part II upon the district; and a tax may be levied therefor without a vote of the district. (116) In common districts the expense must be approved by the school commissioner. (116) 15. To borrow money in anticipation of taxes re- maining uncollected which have been levied by such district for the current fiscal year, and not in excess thereof. (229) This may be done when it seems necessary to do so for the purpose of paying the current expenses of the district for the current fiscal year, by issuing certificates of indebted- ness, in the name of the board of education, signed by the president and clerk thereof, which certificates must be pay- able within such current fiscal year or within 9 months thereafter, and bear interest at a rate not exceeding 6% per annum. (229) Trustees must levy a tax for this purpose. (195) 16. In any incorporated village or union free school district having a population of 5000 and upwards, the board of education may appoint a superintendent of schools. (230) Such superintendent is under the direction of the board of education, which prescribes his powers and duties. He is paid a salary from the teachers' fund, to be fixed by the board of education, and he may be removed from office by a vote of the majority of all the members of such board. When- ever such superintendent is appointed, the district is entitled to the benefits of the superintendents' quota. (230, 432) Trustees have no such power. The commissioner of education will not allot a supervision quota unless satisfied that the city or district employs a com- petent person as superintendent whose time is exclusively devoted to the general supervision of the public schools of such city or district; nor make any allotment to any district in the first instance without first causing an enumeration of the inhabitants thereof to be made which shows the popu- Union School] Teachers' Classes 341 lation thereof to be at least 5,000, the expense of which enum- eration, as certified by said commissioner, must be paid by the district in whose interest it is made. The population shown by the last state or federal census or village enumer- ation may be accepted by said commissioner whenever the village and school district boundaries coincide. (452) 17. To maintain a teachers' class, when designated to do so. (640) The commissioner of education designates the academies and union schools in which instruction in the science and practice of common school teaching is given, distributing them among the school commissioner districts of the state, as nearly as may be, having reference to the number of school districts in each, to- location and to the character of the in- stitution selected. (640) Every academy and union school so designated must instruct a class of not less than 10 nor more than 25 scholars, and every scholar admitted to such class must continue under instruction not less than 36 weeks. (641) Whenever it shall be shown to the satisfaction of the com- missioner of education that any pupil attending such classes has been prevented from attending the same for the full term of 36 weeks, or that for any reason satisfactory to such com- missioner, said classes have not been held for the full term of 36 weeks or have been attended by less than 10 members, such commissioner may excuse such default and allow to the trustees of the academy or union free school in which said classes have been instructed an equitable allowance propor- tionate to the number of pupils and period of instruction. (641) The commissioner prescribes the conditions of admission to the classes, the course of instruction and the rules and regulations under which said in- struction is given, and determines the number of 342 Board of Education [Part II classes which may be formed in any one year, in an academy or union school, and the length of time ex- ceeding 16 weeks during which such instruction may be given. (641) Instruction is free to all scholars admitted to such classes, who have continued in them the length of time required. (641, 642) The trustees of all academies and union schools in which such instruction is given are paid at the rate of $1 for each week's instruction to each scholar who has attended for the term of time required on the certificate of the commissioner of education, to be furnished to the comptroller. (641, 643) The commissioner of education apportions $700 to each academy and union free school district which has maintained a training class. (462) Any institution instructing a teachers' training class, or any union free school, may have the free use of the lantern slides and other pictorial apparatus provided by the educa- tion department, upon the payment to the superintendent of schools loaning the same of necessary expenses incurred in such use or for any loss or injury to said property. Said commissioner may, from time to time, establish the rules and regulations and make and enter into the contracts neces- sary for carrying out the provisions of this article. (780) Such classes are under the visitation of the school commissioner, who examines the classes and issues teachers' certificates to those found worthy. (644) 18. To appoint one of their number, or a qualified voter in said district, and a person other than a trustee or a teacher employed in said district, as clerk of the board of education of such district. ( 174) Union School] Officers 343 Such clerk acts as clerk of said district, and performs all the clerical and other duties pertaining to his office. (174) In common districts the clerk is elected by the district meeting, (96) and is so elected in all the districts of the towns of Cortland and White Plains in Westchester county. (174) For his services he is entitled to receive such compensation as is fixed at an annual meeting of the qualified voters of such district. In case no provision is made at an annual meeting of the inhabitants for the compensation of a clerk, then and in that case the board of education have power to fix the same. They also have power to supply, by appoint- ment, any vacancy in the office of such clerk, occasioned by death, resignation, removal from the district or otherwise. (174) 19. To appoint, if the limits of the district are not coterminous with those of a village or city, one of the taxable inhabitants of their district treasurer, and fix his compensation, and another collector of the moneys to be raised within the same for school purposes, who severally hold such appointments during the pleasure of the board. (174, 233) Such treasurer and collector must each, and within 10 days after notice in writing of his appointment, duly served upon him, and before entering upon the duties of his office, ex- ecute and deliver to the said board of education a bond, with such sufficient penalty and sureties as the board may require, conditioned for the faithful discharge of the duties of his of- fice ; and in case such bond be not given within the time spec- ified, such office thereby becomes vacant, and the board must thereupon, by appointment, supply such vacancy. (174) In common districts the collector and treasurer are elected by the district meeting. (96) 20. To have printed in the manual for teachers the regulations as to fire drills. (723) It is the duty of the principal or other person in 344 Board of Education [Part II charge of every public or private school or educa- cational institution within the state, except colleges and universities, having more than 100 pupils, to in- struct and train the pupils by means of fire drills, so that they may in a sudden emergency be able to leave the school building in the shortest possible time and without confusion or panic. Such drills or rapid dismissals must be held at least once in each month. (720) Neglect by any principal or other person in charge of any public or private school or educational institution to comply with the provisions of this article is a misdemeanor punish- able at the discretion of the court by fine not exceeding $50 r such fine to be paid to the pension fund of the local fire de- partment where there is such a ftmd. (721) 21. To present at the annual meeting of the district,, besides any other report or statement required by law^ a detailed statement in writing of the amount of money which will be required for the ensuing year for school purposes, exclusive of the public moneys, specifying the several purposes for which it will be required, and the amount for each. (242) The board may also present such statement at any special meetings called for the purpose, and may present a supple- mentary and amended statement or estimate at any time. (242) If the district maintains a general industrial or trade school the board must include in its estimate of anticipated expenses the amount that will be required to maintain such schools after applying toward the maintenance thereof the amount apportioned there- for by the commissioner of education. (242, 247» 824) Union School] Contingent Expenses 345 After the presentation of such statement or esti- mate, the question must be taken tipon voting the necessary taxes to meet the estimated expenditures, and when demanded by any voter present, the ques- tion must be taken upon each item separately. The inhabitants may increase the amount of any esti- mated expenditures or reduce the same, except for teachers' wages, and the ordinary contingent expenses; of the schools. (243) Such amount must thereafter be levied, assessed and raised by tax upon the taxable property of the district at the time and in the manner that other taxes for school purposes are raised in such district. (824) 22. To levy a tsix for teachers' wages, after applying thereto the public school moneys, and other moneys re- ceived or to he received for that purpose, or for ordinary contingent expenses, if the inhabitants neglect ot refuse to vote the sum estimated necessary. (240, 244) Trustees have this power as to teachers' wages, but not as to contingent expenses. (195) If any question shall arise as to what are ordinary contin- gent expenses the same may be referred to the commissioner of education, by a statement in writing, signed by one or more of each of the opposing parties upor the question, and the decision of the commissioner is conclusive. (245) Any person conceiving himself aggrieved by the action, proceedings or decision of any special meeting, or by the or- der, decision, action or proceedings of any school commission- er, may, appeal therefrom to the commissioner of edu- cation, who is hereby authorized and required to examine and decide the same; and his decision is final and conclusive. (246) All moneys raised for the use of union free schools whose limits are not coterminous with those of a city 346 Board of Education [Part II or an incorporated village, or apportioned from the income of the literature or common school or United States deposit funds, or otherwise, are paid to the respective treasurers of the said several boards of ed- ucation entitled to receive the same, and to be by them applied to the uses of said several boards. (234) These boards must annually render their accounts of all moneys received and expended by them for the use of said schools, with every voucher for the same, and certified copies of all orders of the said boards touching the same, to the school commissioner of the district in which the principal school-house of the district is located. No money may be drawn from such funds in possession of such treasurer, unless in pursuance of a resolution of said board, and on drafts drawn by the president and countersigned by the cjerk, or secretary, payable to the order of the persons entitled to re- ceive such money, and stating on their face the purpose or service for which said moneys have been authorized to be paid by the said board of education (234) It is the duty of the board of education, to have reference in all expenditures and contracts to the amount of moneys appropriated, or sub- ject to their order or drafts, during the current year, and not to exceed that amount. All the moneys ap- portioned to the common school districts under their charge must be applied to the departments below the academic; and all moneys from the literature fund or otherwise, appropriated for the support of the aca- demic department, to said academic department. (232) 23. To keep an accurate record of all its proceedings in books provided for that purpose, open for public inspection at all reasonable hours. (241) Union School] Report 347 The board must cause to be published once in each year, and 20 days next before the annual meeting of the district, in at least one public newspaper, printed in such district, a full and detailed account of all moneys received by the board or the treasurer of said district, for its account and use, and of all the money expended therefor, giving the items of expenditure in full ; should there be no paper published in said district the board must publish such account by notice to the taxpayers by posting copies thereof in 5 public places in said district. (241) No member of said board shall be personally interested in any contract made by said board. (241) Trustees are required to make an annual report to the dis- trict meeting. (200) Every union free school district, in all its depart- ments, is subject to the visitation of the commis- sioner of education. He is charged with the general supervision of its board of education and their man- agement and conduct of all its departments of in- struction. (341) 24. To make annually, on Aug. 1, to the school com- missioner having jurisdiction, and deposit in the town clerk's office, a report for the school year ending July 31 preceding, of all matters concerning which trustees of a school district are required to report, and concerning all such other matters as the commissioner of education shall, from time to time, require. (200, 341) Whenever thereto required by the commissioner of edu- ' cation, they must report fully to him upon any particular matter; and such report must be in such form, and so authen- ticated, as such commissioner may, from time to time, re- quire. (341) 25. To call special meetings of the inhabitants of 348 Board of Education [Part II their respective districts whenever they deem it necessary and proper. (88, 126) Trustees have the same power. (86, 126, 195) Other Union Free School District Officers The duties of the clerk, collector and treasurer of a union free school district are nearly identical with those of the same officers in common school districts. The attendance officer is appointed by the board of education, instead of by the town board as in com- mon districts. (535) The clerk gives notice of the time and place of the annual meeting. (S3, 126) In Little Falls the attendance officer ran after a child in the face of an approaching train, when the child was not a truant and was with his father, and against the express com- mands of the father, and the boy was killed. Suit was brought against the board as responsible for appointing an improper person, but the court held that the attendance officer is a creation of the statute, the board of education is required to appoint him, and the board is not responsible. (53 N Y 75) CHAPTER XXVI Village Schools Some special provisions are made for union free school districts when their boundaries are coterminous with those of a village. Except as mentioned in this chapter the school law is the same with regard to vil- lage schools as in regard to union free school districts not coterminous with a village. We have already mentioned that in such school districts: (a) The election is at the same time with the regular charter election. (22) (b) A change in the number of members of the board must be made at a special election. (226) (c) The annual meeting is the Tuesday next after the charter election. (225) In any union free school district within the limits of which there is territory of 2 or more incorporated villages, the board of trustees of any village whose entire district is within said school district may call a special meeting of the voters, duly qualified under this chapter to vote at a school meeting, to deter- mine whether that portion of any such school district comprising the village holding such special meeting, shall be separated from such school district and be a separate union free school district with limits cor- responding with the limits of such village. (28) Notice of the time and place of any such special meeting must be published by the board of trustees calling the same, once a week for 2 successive weeks in each newspaper actually (349) 350 Village Schools [Part III printed and published in such village, and if there be no such newspaper published in such village, such notice shall then be given by posting in at least 10 conspicuous places in said village. (28) When a union free school district contained parts of two villages, one of the villages may not reduce its boundaries by excluding the part outside the district to enable it to vote on the question of withdrawal from the school district. (86 N E 26) The village clerk of the village holding such special meeting shall cause to be prepared and furnished for the use of the voters at any such special meeting ballots, which shall conform as near as may be to the election law, in favor of and against organizing the territory within such village into a separate ochool district. The members of the board of trustees of any vil- lage holding such special meeting shall act as inspectors and shall canvass the votes cast, and if a majority thereof shall be in favor of constituting the territory within such village a separate school district said board of tnistees shall forthwith certify the result of such canvass to the school commissioner of the school commissioner district in which such village is situated; and said school commissioner shall thereupon declare by certificate under his hand the territory within such village limits a separate school district and des- ignate it as union free school district number of the town of (29) If at the time of the organization of any school district as thus provided and the election of a board of education, there shall be any outstanding bonded or other indebtedness chargeable against the school district of which the territory so separately organized was a part, the school commissioner must apportion said indebtedness between the newly organized district and the remaining portion of the old district according to the assessed val- uation of each and the amounts of said indebtedness so apportioned become a chaige for principal and interest upon the respective districts as though the same had been incurred by said districts separately. (30) Nothing herein must prevent any child of school age re- siding in any part of a school district so divided from attend- ing school in the part of the district remaining after any such decision until the close of the school year in which such divis- ion was made, provided, however, that the tax for said school year has theretofore been levied on the real and personal property of the school district before the division for the sup- port of such school for the current school year. (31) Village] Levying Tax 351 The corporate authorities of any incorporated vil- lage or city in which a union free school is established, have power, and it is their duty, to raise, from time to time, by tax, to be levied upon all the real and per- sonal property in said city or village, as by law pro- vided for the defraying of the expenses of its munici- pal government, such sum as the board of education established therein shall declare necessary for teach- ers' wages and the ordinary contingent expenses of supporting the schools of said district. (247) The sums so declared necessary must be set forth in a de- tailed statement in writing, addressed to the corporate au- thorities by the board of education, giving the various pur- poses of anticipated expenditure, and the amount necessary for each; and the said corporate authorities have no power to withhold the sums so declared to be necessary. (247) Such corporate authorities have power, and it is their duty to raise, from time to time, by tax as aforesaid, any such further sum to be set forth in a detailed statement in writing, addressed to the corporate authorities by the board of edu- cation, giving the various purposes of the proposed expendi- ture, and the amount necessary for each which may have been or which may hereafter be authorized by a majority of the voters of such union free school district present and vot- ing at any special district meeting duly convened. (126, 247) These provisions apply to all union free schools heretofore organized (248) It will be observed that the board of education still has power to name the amount necessary for teachers' wages and contingent expenses. (244) All moneys raised for the use of the union free schools in any city or incorporated village, or appor- tioned to the same from the income of the literature, common school or United States deposit funds, or 352 Village Schools [Part III otherwise, must be paid into the treasury of such city or village to the credit of the board of education there- in; and the funds so received into such treasury must be kept separate and distinct from any other funds received into the said treasury. (233) The officer having the charge thereof must give such ad- ditional security for the safe custody thereof as the corporate authorities of such city or village may require. No money may be drawn from such funds, credited to the several boards of education, unless in pursuance of a resolution of said board, and on drafts drawn by the president and countersigned by the secretary or clerk, payable to the order of the persons entitled to receive such money, and stating on their face the purpose or service for which such moneys have been author- ized to be paid by the said board of education. (233) Other imion free school districts have their own treasurer. (174) Facilities for instruction in natural history, geogra- phy and kindred subjects, by means of pictorial repre- sentation and lectures, are free to the common schools of each city and village of the state that has, or may have a superintendent of common schools. (780) The local school authorities may, in their discretion, cause the aforesaid illustrated lectures to be repeated to their ar- tisans, mechanics and other citizens on the legal holidays and at other times. (780) The annual report of each school superintendent to the de- partment of education must contain a full statement of the extent to which the instructions described may be given and his judgment of the usefulness of the same. (781) In other union free schools this privilege has been granted only payment of necessary expenses (780) , but is to be ex- tended. The real estate owned by a free public library, situate in any village of the 3d or 4th class, may not Village] Training Schools 353 be taxed as to that portion thereof leased or other- wise used for purposes of income, when such income is necessary for and actually applied to the mainte- nance and support of such library. (62: 1909) When bonds are sold by a union free school district whose boundaries are coterminous with these of an incorporated village or city, such bonds must be signed by the president and clerk of the board of ed- ucation and delivered to the treasurer of such village or city, who countersigns them and gives notice of the sale thereof in like manner as in the union schools. (430) The proceeds of the sale of such bonds rrmst be paid into the treasury of said incorporated village or city, to the credit of the board of education. (-130) A board employing a superintendent of schools, may establish, maintain, direct and control one or more training schools or classes for the professional instruc- tion and training of teachers in the principles of edu- cation and in the method of instruction for not less than 38 weeks in each school year. (645) Other union free schools can maintain teachers' classes only when designated by the commissioner of education. (640) In cities, and villages of 5,000 population employing a superintendent, the lower age of compulsory attend- ance is 7 instead of 8, as in other districts. (530) In all villages children of the age of 12 and over may be employed during the summer vacation {Labor Law, Sec. 70-76, 161-67). This is not permitted in other districts. See page 187. 354 Village Schools [Part III Children between 12 and 16 years of age employed in villages during the summer vacation in mercantile or other establishments above mentioned must secure vacation cer- tificates which are issued by local boards of health, the re- quirements being the same as for a labor certificate except that a school record is not required. Such children must be able to read and write simple sentences in the English language. (Idem. Sec. 162-66) In villages and cities which at the last preceding state enumeration had a population of 3,000 or more, no child under the age of 16 years may be employed, permitted or suffered to work in or in connection with any mercantile establishment, business office, or tele- graph office, restaurant, hotel, apartment house, or in the distribution or transmission of merchandise or messages, more than 59 hours in any one week, or more than 9 hours in any one day, or before 7 o'clock in the morning or after 10 o'clock in the evening of any day. But in cities of the 1st class no child under the age of 16 years may be employed, permitted or suffered to work in or in connection with any such es- tablishment after 7 o'clock in the evening of any day. No female employee between 16 and 21 years of age may be required, permitted or suffered to work in or in connection with any mercantile establishment more than 60 hours in any one week; or more than 10 hours in any one day, unless for the purpose of mak- ing a shorter work day of some one day of the week; or before 7 o'clock in the morning or after 10 o'clock in the evening of any day. (36: 1909) This section does not apply to the employment of persons sixteen years of age or upward on Saturday, provided the total number of hours of labor in a week of any such person Village] The Labor Law 355 does not exceed 60 hours, nor to the employment of such persons between Dec. 15 and Jan. 1. Not less than 45 minutes shall be allowed for the noonday meal of the em- ployees of any such establishment. (36:1909) No child tinder the age of 14 years shall be employed or permitted to work in or in connection with any mercantile or other business or establishment specified in the preceding section, except that a child upward of 12 years of age may be employed therein in villages and cities of the 2d or 3d class during the summer va- cation of the public schools of the city or district where such establishment is situated. No child under the age of 16 years shall be so employed or permitted to work unless an employment certificate, issued as provided in Par. 71-73, shall have been theretofore filed in the office of the employer at the place of em- ployment of such child. (293: 1909) The owner, manager or agent of a mercantile or other es- tablishment employing children, shall keep or cause to be kept, in the office of such establishment, a register, in which shall be recorded the name, birthplace, age and place of resi- dence of all children so employed under the age of sixteen years. Such register and the certificate filed in such office shall be produced for inspection, upon the demand of an officer of the board, department or commissioner of health of the town, village or city where such establishment is situated, or if such establishment is situated in a city of the first class upon the demand of the commissioner of labor. On termination of the employment of the child so registered and whose certificate is so filed, such certificate must be forth- with surrendered by the employer to the child or its parent or guardian or custodian. An officer of the board, depart- ment or commissioner of health of the town, village or city where a mercantile or other establishment mentioned in this article is situated, or if such establishment is situated in a 356 Village Schools [Part III city of the 1st class the commissioner of labor, may make demand on an employer in whose establishment a child ap- parently under the age of 16 years is employed or permitted or suffered to work, and whose employment certificate is not then filed as required by this chapter, that such employer either furnish him, within 10 day3, evidence satisfactory to him that such child is in fact over 16 years of age, or cease to employ or permit to suffer such child to work in such estab- lishment. (293:1909) The officer may require from such employer the same evidence of age of such child as is required on the issuance of an employment certificate; and the employer furnishing such evidence shall not be required to furnish any further evidence of the age of the child. A notice embodying such de- mand may be served on such employer personally or may be sent by mail addressed to him at said establishment, and if served by post shall be deemed to have been served at the time when the letter containing the same would be delivered in the oidinary course of the post. When the employer is a corporation such notice may be served either personally upon an officer of such corporation, or by sending it by post addressed to the office or the principal place of business of such corporation. The papers constituting such evidence of age furnished by the employer in response to such demand shall, except in cities of the first class, be filed with the board, department or commissioner of health, and in cities of the first class with the commis- sioner of labor, and a mateiial false statement made in any such paper or affidavit by any person shall be a misdemeanor. In case such employe shall fail to produce and deliver to the officer of the board, department or commissioner of health, or in cities of the first class to the commissioner of labor, within ten days after such demand such evidence of age herein re- quired by him, and shall thereafter continue to employ such child or permit or suffer such child to work in such mercantile or other establishment, prooi of the giving of such notice and of such failure to produce and file such evi- dence shall be prima facie evidence in any prosecution brought for a vio- lation of this article that such child is under sixteen ye?.rs of age and is un- lawfully employed. (293:1909) CHAPTER XXVII City Schools There are also some special provisions for schools where the district boundaries are coterminous with those of a city. Otherwise the provisions are the same as for union and village schools. No person may be employed or licensed to teach in the primary or grammar schools of any city author- ized by law to employ a superintendent of schools, (1) who has not had successful experience in teaching for at least 3 years, (2) or, in lieu thereof, (a) has not completed a 3 years' course in, and graduated from a high school or academy having a course of study of not less than 3 years, approved by the commissioner of education, or from some institution of learning of equal or higher rank, approved by the same author- ity, and who, (b) subsequently to such graduation, has not graduated from a school or class for the pro- fessional training of teachers, having a course of study of not less than 38 weeks, approved by the com- missioner of education. (551) This does not restrict any board of education of any city from requiring such additional quaHfications of teachers as said- board may determine; nor shall the provisions of this section preclude the board of education of any city or village from accepting the diploma of any state normal and training school of the state of New York, or a state certificate obtained on examination, as an equivalent for the preparation in scholarship and professional training herein required. (551) (357) 358 City Schools [Part IV The board of education of any city, and in a city not having a board of education the officer having the management and supervision of the pubHc school system, may establish, acquire, conduct and main- tain as a part of the public school system of such city general industrial schools open to pupils who have completed the elementary school course or who have attained the age of 14 years, and trade schools open to pupils who have attained the age of 16 years and have completed either the elementary school course or a course in the above mentioned general industrial school or who have met such other requirements as the local school authorities may have prescribed. (820) The board of education in a city and the officer having the management and supervision of the pub- lic school system in a city not having a board of ed- ucation must appoint an advisory board of 5 mem- bers representing the local trades and industries. (821) In the first instance 2 of such members shall be appointed for a term of 1 year and 3 of such members shall be appointed for a term of 2 years. Thereafter as the terms of such mem- bers expire the vacancies caused thereby must be filled for a full term of 2 years. Any other vacancy occurring on such board must be filled by the appointing power named in this section for the remainder of the unexpired term. (821) It is the duty of such advisory board to counsel with and advise the board of education or the officer having the man- agement and supervision of the public school system in a city not having a board of education in relation to the powers and duties vested in such board or officer. (821, 822) The board of education of each city or the officer City] How Taxes are Raised 359 having the management and supervision of the pub- lic school system in a city not having a board of ed- ucation must file with the common council of such city within 30 days after the commencement of the fiscal year of such city a written itemized estimate of the expenditures necessary for the maintenance of its general industrial and trade schools and the esti- mated amount which the city will receive from the state school moneys applicable to the support of such schools. The common council must give a public hearing to such persons as wish to be heard in refer- ence thereto. The common council must adopt such estimate and after deducting therefrom the amount of state moneys applicable to the support of such schools must include the balance in the annual tax budget of such city. (824) Such amount must be levied, assessed and raised by tax upon the real and personal property liable to taxation in the city at the time and in the manner that other taxes for school purposes are raised. The common council has power by a two-thirds vote to reduce or reject any item included in such estimate. (824) Boards of education in cities of not more than 30,- 000 inhabitants are clothed with all the powers of trustees, and the title to any and all lands acquired in any city under the provisions for condemnation of land are vested in the board of education thereof, or such other corporate body as is by law vested with the title to the school lands in such city. (122, 124) A permanent census board is hereby established in each city of the first class. Such board consists of the mayor, the superintendent of schools, the police 360 City Schools [Part IV commissioner or officer performing duties similar to those of a police commissioner. Such board has power to make such rules and regulations as may be necessary. It may appoint a secretary and such clerks and other employees as may be necessary to fix the salaries of the same. (1000) Stich board must ascertain through the police force, the residences and employments of all persons be- tween the ages of 4 and 18 years residing within such cities and report thereon from time to time to the school authorities of such cities. Under the regu- lations of such board dviring the month of October, 1909, it is the duty of the police commissioners in the cities of the first class to cause a census of the chil- dren of their respective cities to be taken. There- after such census shall be amended from day to day by the police, precinct by precinct, as changes of residence occur among the children of such cities within the ages prescribed in this article and as other persons come within the ages prescribed herein and as other persons within such ages become residents of such cities, so that said board may always have on file a complete census of the names and residences of the children between such ages and of the persons in parental relation thereto. (1000) It is the duty of persons in parental relation to any child residing within the limits of said cities of the first class to report at the police station house of the precinct within which they severally reside, the fol- lowing information: City] The Compulsory Law 361 1. Two weeks before any child becomes of the compulsory school age, the name of such child, its residence, the name of the person or persons in par- ental relation thereto, and the name and location of the school to which such child is sent as a pupil. 2. In case a child of compulsory school age is for any cause removed from one school and sent to an- other school, or sent to work in accordance with the child labor law, all the facts in relation thereto. 3. In case the residence of a child is removed from one police precinct to another police precinct, the new residence and the other facts required in the two preceding subdivisions. 4. In case a child between the ages of 4 and 18 become a resident of one of said cities of the first class for the first time the residence and such other facts as the census board shall required. (1000) Such census must include all persons between the ages of 4 and 18 years, the day of the month and the year of the birth of each of such persons, their respective residences by street and number, the names of their parents or guardians, such information relating to illiteracy and to the enforcement of the child labor and the compulsory education law as the school authorities of the state and of such cities require and also such further information as such authorities require. (1000) A permanent census board may be established in any city not of the first class, in accordance with the provisions of this article. (1000) If a census board shall not be established in such cities, then, during the month of October, 1909, and in the month of October every fourth year thereafter. 362 City Schools [Part IV CITT OF Street no. Name of street Present name of child DEP T OF I Present Boy Girl Negro ? 1 Given 4 12 MONTH AND DAT OF BIRTH Jan. Jti TEAE8 5 13 Feb. Ar 6 14 Mar. Se OLD 7 15 LAST 8 16 17 Apr. Oc 9 May Nr BIETHDAY 10 18 June 11 D€ Is child crippled ? Phys. ill IN SCHOOL Public kindergarten P. S. no. Location] Public elementary school Public high school [ Name ] Public truant school [ Nan e] " Public evening school P. S. no. " OUT OF SCHOOL Working ? Yes. No. Working how many years ? Truant Kept at work or at home illegally by parents o Physically or mentally una ble to attend schoo 1? Can child read or wri te an; y language ? Yes. No. Name of enumerator City] Census Card 363 TION OCTOBER 1909 le of parent or (guardian) Years in U. S Born here 1 u. s. Germany- England Ireland Scotland Wales France Norway Canada Mentallv ill Austria Russia Poland Italy S. Am Sweden W. Indies Armenia Bohemia irochial school [Name] ivate school [Name] ivate institution [Name] iblic institution [Name] [Location] Has child work certificate ? Yes. No. jrs? Can child read or write English ? Yes. No. Information refused 362 City Schools [Part IV City] Census Card 363 CITY OF dep't of education OCTOBER 1909 Street no. Name of street Present name of child Present name of parent or (guardi, an) Years in U. S Born here Boy Girl Negro ? Given name 4 12 MONTH AND DAY OF BIRTH Jan. July i • 1 WHERE WAS CHILD BORN? U. S. France l Austria TEARS 5 13 Feb. Germany- Russia Aug. Poland 6 14 Mar. Sept. 1 England Ireland Italy 7 15 S. Am LAST 8 16 17 Apr. Oct Sweden W. Indies 9 May- Nov. Scotland Norway Armenia BIRTHDAY 10 18 11 June Dec. 1 Wales Canada Bohemia Is child crippled Phvs. ill Mentallv ill IN SCHOOL Public kindergarten P. S. no. \^Locaiion] Parochial school [Name] [Location] Public elementary school Public high school [Name] Public truant school [ Name] Public evening school P. S. no. ^[i^^^l g^ool [Name] 5iX^temstitution [Name] Publi ic institution [Name] our OP SCHOOL Working? Yes. No. ^ _ Truant Kept at work or at home i^^^YV^^^^^^l^L^^^ Working how manyj^ears^ Has child work certificate ? Yes. No. Physically or mentally unable to attend school ? Can child read or write any language ? Yes. Can child read or write English ? i^rmation refused Yes. No. Name of enumerator 364 City Schools [Part IV the school authorities of every city, not a city of the first class, must take a census of the children of their respective cities. Such census must include the in- formation required from the cities of the first class. (1000, 1001) A parent, guardian or other person having under his control or charge a child between the ages of 4 and 18 years who withholds or refuses to give infor- mation in his possession relating to such child and re- quired under this article, or any such parent, guar- dian or other person who gives false information in relation thereto, is liable to and punished by fine not exceeding $20 or by imprisonment not exceeding 30 days. (1003) The money required for the purpose of carrying this article into effect must be paid by the cities and school districts respectively, but, in cities in which a permanent census board is not established and main- tained, and in school districts, such moneys must be paid for the services rendered in the taking of the school census on the certificate of the state commis- sioner of education that such census has been satis- factorily taken. (1000, 1004) In any city of the first or second class no male child under 10, and no girl under 16 years of age, may sell or expose or offer for sale newspapers, mag- azines or periodicals in any street or public place. (30:1909) No male child under 14 years of age may sell or ex- pose or offer for sale said articles unless a permit and badge as hereinafter provided have been issued to City] The Labor Law 365 him by the district superintendent of the board of ed- ucation of the city and school district where said child resides, or by such other officer thereof as may be of- ficially designated by such board for that purpose. (36:1909) This must be on the application of the parent, guardian or other person having the custody of the child desiring such permit and badge, or in case said child has no parent, guar- dian or custodian then on the application of his next friend, being an adult. Such permit and badge must not be issued until the officer issuing the same shall have received, exam- ined, approved and placed on file in his office satisfactory proof that such male child is of the age of 10 years upwards, and shall also have received, examined and placed on file the written statement of the principal or chief executive officer of the school which the child is attending, stating that such child is an attendant at such school, that he is of the normal development of a child of his age and physically fit for such employment, and that said principal or chief executive officer approves the granting of a permit and badge to such child. No such permit or badge is valid for any purpose except during the period in which such proof and written statement remains on file, nor is such permit or badge authority beyond the period fixed therein for its duration. After having re- ceived, examined and placed on file such papers the officer must issue to the child a permit and badge (36:1909) Principals or chief executive officers of schools in which children under 14 years are pupils must keep complete lists of all children in their schools to whom a permit and badge have been granted. (36:1909) • Such permit must state the date and place of birth of the child, the name and address of its parent, guardian, custodian or next friend, as the case may be, and describe the color of hair and eyes, the height and weight and any distinguishing facial mark of such child, and further state that the papers required by the preceding section have been duly examined and filed; and that the child named in such permit has appeared before the of- 366 City Schools [Part IV ficer issuing the permit. The badge furnished by the officer issuing the per- mit must bear on its face a number corresponding to the number of the permit, and the name of the child. Every such permit and every such badge on its reverse side, must be signed in the presence of the officer issuing the same by the child in whose name it is issued. (36:1909) The badge provided for herein must be worn conspicuously at all times by such child while so working; and all such permits and badges shall ex- pire annually on Jan. 1. The color of the badge must be changed each year. No child to whom such permit and badge are issued may transfer the same to any other person nor be engaged in any city of the first or sec- ond class as a newsboy, or sell or expose or offer for sale newspapers, mag- azines or periodicals in any street or public place without having conspic- uously upon his person such badge, and he must exhibit the same upon de- mand at any time to any police, or attendance officer. (.36:1909) No child to whom a permit and badge are issued as provided for in the preceding sections may sell or expose or offer for sale any newspapers, magazines or periodicals after ten o'clock in the evening, or before six o'clock in the morning. (36;1909) In cities of the first or second clas^. police officers, and the regula; at- tendance officers appointed by the board of education who are hereby vested witn the powers of peace officers for the purpose, must enforce the provisions of this article. (36:1909) Any child who works in any city of the first or second class in any street or public place as a newsboy or who sells or ex- poses or offers for sale newspapers, magazines or periodicals in violation of the provisions hereby laid down, must be ar- rested and brought before a court or magistrate having jur- isdiction to commit a child to an incorporated charitable reformatory or other institution and be dealt with according to law. (36:1909) If any such child is committed to an institution, it must, when prac- ticable, be committed to an institution governed by persons of the same religious faith as the parents of such child. The permit and badge of any child who violates the provisions of this article may be revoked by the of- ficer issuing the same, upon the recommendation of the principal or chief executive officer of the school which such child is attending, or upon the complaint of any police officer or attendance officer, and such child must surrender the permit and badge so revoked upon the demand of any attend- ance officer or police officer charged with the duty of enforcing the pro- visions of this article. The refusal of any child to surrender such permit and badge, upon such demand, or the sale or offering for sale of newspapers, magazines or periodicals in any street or public place by any child after notice of the revocation of such permit and badge is deemed a violation of the law and subjects the child to the penalties pnvided. (36:1909) City] The Labor Law 367 In cities of the 1st class only, in case application for the issuance of an employment certificate be made to such officer by a child's parent, guardian or cus- todian who alleges his inability to produce any of the evidence of age specified in the preceding subdivisions of this section, and it the child is apparently at least 14 years of age, such officer may receive and file an application signed by the parent, guardian or cus- todian of such child for physicians' certificates. Such application must contain the alleged age, place and date of birth. and present residence of such child, together with such further facts as may be of assistance in determining the age of such child. Such application shall be filed tor not less than 90 days, after date of such application for such physicians' certificates, for an examination to be made of the state- ments contained therein, and in case no facts appear within such period or by such examination tending to discredit or contradict any material state- ment of such application, then and not otherwise the officer may direct such child to appear thereafter for physical examination before 2 phy- sicians officially designated by the board of health, and in case such phy- sicians shall certify in writing that they have separately examined such child and that in their opinion such child is at least 14 years of age such officer must accept such certificates as sufficient proof of the age of such child for the purposes of this section. In case the opinions of such phy- sicians do not concur, the child must be examined by a third physician and the concurring opinions shall be conculsive for the purpose of this section as to the age of such child. (36. 1909) Such officer must require the birth certificate in preference to other evidence of age unless he receives and files in ad- dition thereto an affidavit ol the parent showing that no evi- dence of age specified in any preceding subdivision or sub- divisions of this section can be produced. Such affidavit must contain the age, place and date of birth, and present residence of such child, which affidavit must be taken before the officer issuing the employment certificate, who is hereby authorized and required to administer such oath and who shall not demand or receive a fee therefor. (36;1909) Such employment certificate must not be issued until such child fur- ther has personally appeared before and been examined by the officer is- suing the certificate, and until such officer has after making such exam- 368 City Schools [Part IV ination signed and filed in his office a statement that the child can read and legibly write simple sentences in the English language and that in his opinion the child is 14 years oi age or upwards and has reached the normal development of a child of its age, and is in sound health and is physically able to perform the work which it intends to do. In doubtful cases such physical fitness must be determined by a medical officer of the board or de- partment of health. Every such employment certificate must be signed, in the presence of the officer issuing the same, by the child in whose nam e it is issued. (36: 1909) Such certificate shall state the date and place of birth of the child, and describe the color of the hair and eyes, the height and weight and any distinguish- ing facial marks of such child, and that the papers re- quired by the preceding section have been duly ex- amined, approved and filed and that the child named in such certificate has appeared before the officer signing the certificate and been examined. (36: 1909) In a city of the first class or of the second class, the school authorities or officers designated by them, must issue to a boy lawfully in attendance at an evening school, an evening school certificate at least once in each month during the months said evening school is in session and at the close of the term of said evening school, provided that said boy has been in at- tendance upon said evening school for not less than 6 hours each week for such number of weeks as will, when taken in connection with the number of weeks such evening school is in session during the remainder of the cur- rent or calendar year, make up a total attendance on the part of said boy in said evening school of not less than 6 hours per week for a period of not less than 16 weeks or attendance upon a trade school for at least 8 hours per week for not less than 16 weeks. Such certificate must state fully the period of time which the boy to whom it is issued was in attendance upon such evening school or trade school. (36:1909) CHAPTER XXVIII The Town The only school matter considered at town meet- ings is the right to adopt a system of pensions for teachers. Upon the petition of 25 or more taxpayers of any town in any county of the state requesting the submission at the next ensuing annual town meeting of such town, made not less than 10 days before the accruing thereof, of the question of making provision by taxation upon the taxable property in such town for a sum of money sufficient to pay such teach- ers resident of such town, who have been employed in the common schools thereof for not less than 25 years, and have rendered continuous service in teaching for such period, with such intermission only as may have occurred in the allotment of school terms or from sickness, the town board of such town shall cause to be submitted to the taxpayers of such town, at the next ensuing town meeting, upon due notice thereof published in a newspaper printed in such town, if any paper be published therein, or printed or written notices posted in not less than 10 public places in such town, the question whether a sufficient sum of money be raised from the taxable property within such town to pay such teachers as compen- sation for long and meritorious service, so long as said teach- ers reside in such town, upon the conditions, at the times and in the manner hereinafter provided. (559) In the event of such petition being so made and presented to the supervisor of any town, and notice given, the town board must furnish the necessary ballots in number and forms for the use of the voters of such town at the next ensuing annual town meeting, and provide separate ballot boxes for the reception of ballots cast thereat on the question submit- ted. One-half of the number of said ballots shall have printed (869) 370 Town Officers [PartV thereon, respectively "for teachers' pension fund," and the other half shall have printed thereon, respectively, "against teachers' pension fund," and such votes as may be cast shall be counted and returned by the officers presiding at said town meeting the same as other votes are counted and re- turned. (560) If a inajority of the votes so cast be found to be in favor of raising a sum of money sufficient to provide for such fund, and not otherwise, the town board of such town must im- mediately thereafter proceed to ascertain what teachers of such class are entitled to the benefits conferred by this and the last section and to receive their proportionate share of the money so voted to be paid, and said board must require of every person applying therefor, who has taught in the com- mon schools of such town for the period of 25 years or more, to make concise statement of the term of service, the districts in which he has taught and the wages, monthly or weekly, received during the last year in which said teacher taught, which statement shall be acknowledged before any officer qualified to take acknowledgments, and filed in the office of the clerk of such town. (560) Thereupon, and at the next annual meeting of the board of supervisors of the county, and at every annual meeting thereafter, the said board must include in the tax levy of the town the amount necessary in each year as estimated and re- ported by the town board of such town, which sum, when collected, must be paid over by the collector of such town, to the supervisors thereof, who must pay out the said money to each teacher found to be entitled thereto in monthly pay- ments equal to one-half the sum received by each such teacher during the last year of employment as teacher in the common schools of such town. (560) Such teachers sharing in the money so appropriated and paid must be allowed such amount in instalments herein pro- vided as long as they continue to reside in such town, but no longer, and they are in receiving the benefits conferred by this section, deemed to be retired from teaching and placed upon a roll kept by the town clerk of the town as superan- Town] Pensions 371 nuated and retired teachers; subject, however, to the ob- ligation, if not physically disabled, to perform such service in the place of any teacher temporarily absent or disqualified, as the school commissioner may require and direct, without additional compensation. (560) When such vote has been against the teachers' pension fund, another vote on the same question may not be taken again within 1 year of the first vote so taken. (561) The only town officer whose duties are entirely con- nected with schools is the attendance officer. The town board of each town appoints subject to the written approval of the school commissioner of the district, one or more attendance officers, whose jurisdiction extends over all common school districts in the town. (535) The town board fixes their compensation, which is a town charge. (535) Such attendance officers, appointed by said board, are re- movable at the pleasure of the school commissioner in whose commissioner's district such town is situated. (535) Most of the other town officers have important du- ties in ;relation to schools. As the executive officer of the town, the supervisor, is entrusted with many responsibilities: 1. To disburse the school moneys in his hands ap- plicable to the payment of teachers' wages, upon and only upon the written orders of a sole trustee or a ma- jority of the trustees, in favor of qualified teachers. (280) Whenever the collector in any school district has given bonds, or whenever any school district elects a treasurer, the supervisor must, upon the receipt by him of a copy of the bond executed by said collector or treasurer, certified by the trustees, pay over to such collector or treasurer, all moneys 372 Town Officers [Part V in his hands applicable to the payment of teachers' wages in such district, and the said collector or treasurer must dis- burse such moneys so received by him upon such orders as are specified herein to the teachers entitled to the same. (171, 173, 280) See page 48. 2. In the case of a union free school district, to pay all the school money apportioned thereto, to the treasurer of such district, upon the order of its hoard of education. (234, 280) 3. To keep a just and true account of all the school moneys received and disbursed by him during the year, and to lay the same, with proper vouchers, before the board of town auditors at each annual meeting thereof. (380) 4. To have a bound blank book, the cost of which shall be a town charge, and to enter therein all his receipts and disbursements of school moneys, specifying from whom and for what purpose they were received, and to whom and for what purposes they were paid out; and to deliver the book to his successor in office. (280) 5. Within 15 days after the termination of his office, to make out a just and true account of all school moneys theretofore received by him and of all disbursements thereof, and to deliver the same to the town clerk, to be filed and recorded, and to notify his successor in of- fice of such rendition and filing. (280) 6. So soon as the required bond to the county treas- urer has been given by him arui approved by the treas- urer, to deliver to his predecessor the treasurer's certifi- cate of these facts, to procure from the town clerk a copy of his predecessor's account, and to demand and receive Town] Supervisor 373 from him all school moneys remaining in his hands. (280) 7. Upon receiving such a certificate from his succes- sor, and not before, to pay to him all school moneys remaining in his hands, and to forthwith file the cer- tificate in the town clerk's office. (280) 8. By his name of office, when the duty is not else- where imposed by law, to sue for and recover penalties and forfeitures imposed for violations of this chapter, and for any default or omission of any town officer or school district board or officer under this chapter; and after deducting his costs and expenses to report the^ balances to the school commissioner. (280) 9. To act, when thereto legally required, in the erec- tion or alteration of a school district, mid to perform any other duty which may be devolved upon him relating to common schools. (2, 280) 10. To take and Iwld possession of the gospel and school lots of their respective town. (280) 11. To lease the same for such time not exceeding 21 years, and upon such conditions as they shall deem expedient. (280) 12. To sell the same with the advice and consent of the inhabitants of the town, in town-meeting assembled, for such price and upon such terms of credit as shall appear to them, most advantageous. (280) 13. To invest the proceeds of such sales in loans, secured by bond and mortgage upon unincumbered real property of the value of double the amount loaned. (280) 14. To purchase the property so mortgaged upon a 374 Town Officers [Part V foreclosure and to hold and convey the property so pur- chased whenever it shall become necessary. (280) 15. To reloan the amount of such loans repaid to them upon the like security. (280) 16. To apply the rents and profits of such lots, and the interest of the money arising from the sale thereof, to the support of schools, as may he provided by law, in such manner as shall be thus provided. (280) 17. To render a just and true account of the pro- ceeds of the sales and the interest on the loans thereof, and of the rents and profits of such gospel and school lots, and of the expenditure and appropriation thereof, on the last Tuesday next preceding the annual town- meeting of each year, to the town board. (280) 18. To deliver over to his successor in office, all books, papers and securities relating to the same, at the expiration of their respective offices. (280) 19. To take therefor a receipt, which shall be filed in the clerk's office of the town; and, (280) , 20. To commence and prosecute in and by the name and style of the supervisor oj the town any suits against any of his predecessors in office or against any other person to recover any debt, dues or demands in any wise arising from such public lot. (280) No such suit shall abate by the death, resignation or re- moval from office of the said supervisor but the same shall and may be prosecuted to judgment and execution by his successor in office. (280) Whenever a town having lands assigned to it for the sup- port of the gospel or of schools is divided into two or more towns, or altered in its limits by the annexing of a part of Town] Supervisor 375 its territory to other towns, such lands must be sold by the supervisor of the town, in which such lands were included immediately before such division or alteration; and the pro- ceeds thereof apportioned between the towns interested there- in, in the same manner as the other public moneys of towns, so divided or altered, are apportioned. The shares of such moneys, to which the towns shall be respectively entitled, must be paid to the supervisors of the respective towns, and thereafter be subject to the provisions of this article. (281, 2) 21. To meet to equalize assessments in districts embracing two or more towns. (384) 22. To issue ivarrants upon the county treasurer for the tax on bank stock due each district. (62: 1909) 23. To apportion railroad valuation among the dis- tricts of a town when the assessors fail to do so. (62 :1909) 24. To levy unpaid district taxes upon the lands on which they were imposed. (407-10) Immediately on receiving the school commission- ers' certificates of apportionment, the county treas- urer must require of each supervisor, and each super- visor must give to the treasurer, in behalf of the town, his bond, with two or more sufficient sureties, ap- proved by the treasurer, in the penalty of at least double the amount of the school moneys set apart or apportioned to the town, and of any such moneys unaccounted for by his predecessors, conditioned for the faithful disbursement, safe-keeping and account- ing for such moneys, and of all other school moneys that may come into his hands from any other source. (283) If the condition shall be broken the county treasurer must sue the bond in his own name, in behalf of the town, and the 376 Town Officers [Part V money recovered must be paid over to the successor of the supervisor in default, such successor having first given se- curity as aforesaid. Whenever the office of a supervisor becomes vacant, the county treasurer must require the per- son elected or appointed to fill such vacancy to execute a bond, with two or more sureties, to be approved by the treas- urer, in the penalty of at least double the sum of the school moneys remaining in the hands of the old supervisor, when the office became vacant, conditioned for the faithful dis- bursement and safe-keeping of and accounting for such moneys. But the execution of this bond does not relieve the supervisor from the duty of executing the bond first above mentioned. The refusal of a supervisor to give such security is a mis- demeanor, and any fine imposed on his conviction thereof is for the benefit of the common schools of the town. Upon such refusal, the moneys so set apart and apportioned to the town must be paid to and disbursed by some other officer or person to be designated by the county judge, under such regulations and with such safeguards as he may prescribe, and the reasonable compensation of such officer or person, to be adjusted by the board of supervisors, shall be a town charge. (283) On the 1st Tuesday of March in each year, each supervisor must make a return in writing to the county treasurer for the use of the school commission- ers, showing the amounts of school moneys in his hands not paid on the orders of trustees for teachers' salaries, and the districts to which they stand accred- ited, and if no such moneys remain in his hands, he shall report that fact; and thereafter he must not pay out any of said moneys until he has received the cer- tificate of the next apportionment; and the moneys so returned by him must be reapportioned. (285, 451) Town] Town Clerk 377 The supervisor must be allowed and paid in the same manner as other town charges are allowed and paid, a fee of one per centum on all moneys paid out by him as such supervisor, including school moneys disbursed by him. But no such fees are allowed or paid upon moneys paid over by him to his successor in office. Such fees are in full compensation for all services rendered by him in respect to moneys re- ceived and paid out by him as such supervisor. (63 : 1909) For meeting to equalize taxes he receives $3 a day. (384) The school duties of town clerk are: 1. To keep all hooks, maps, papers and records of his office touching common schools, and forthwith to report to the supervisor any loss or injury to the same. (260) 2. To receive from the supervisors the certificates of apportionment of school moneys to the town, and to record them, in a book to he kept for that purpose. (260) 3. To notify forthwith the trustees of the several school districts of the filing of each such certificate. (260) 4. To see that the trustees of the school districts make and deposit with him, their annual reports within the time prescribed by law, and to deliver them to the sciiool commissioner on demand. (260) He must furnish the school commissioner of the school commissioner district in which his town is situated the names and post-office address of the school district officers reported to him by the district clerks. (260) 5. To distribute to the trustees of the school districts all books, blanks and circulars which are delivered or 378 Town Officers [Part V forwarded to him by the commissioner of education or school commissioner for that purpose. 6. To receive from, the supervisor, and record in a book kept for that purpose, the annual account of the receipts and disbursements of school moneys required to be submitted to the town auditors, together with the action of the town atiditors thereon. (260) He must send a copy of the account and of the action thereon, by mail, to the commissioner of education whenever required by him, and file and preserve the vouchers accom- panying the account. (260) He must also file the tax list and warrant returned by a collector to the trustees. (411) 7. To receive and to record, in the same book, the supervisor's final account of the school moneys received and disbursed by him, and deliver a copy thereof to such supervisor's successor in office. (260) 8. To receive from the outgoing supervisor, and file and record in the same book, the county treasurer's certificate, that his successor's bond has been given and approved. (260) 9. To receive, file and record the descriptions of the school districts, and all papers and proceedings delivered to him by the school commissioner . (260) 10. To act, when thereto legally required, in the erec- tion or alteration of a school district. (25, 260) 11. To receive and preserve the books, papers and records of any dissolved school district deposited in his office. (260) 12. To perform any other duty which may be de- volved upon him. (260) Town] Assessors 379 The necessary expenses and disbursements of the town clerk in the performance of his said duties, are a town charge, and to be audited and paid as such. (261) The school commissioner's oath of ofihce is taken before the county clerk. (363) The assessors also have relations with the school law. Their valuation of town property is a basis for the valuation by trustees. (382, 305) They apportion among the districts the valuation of railroad, telegraph, telephone, and pipe line com- panies and file the valuation with the town clerk, as a basis for taxation. (62: 1909) If they fail to do so, the trustees mtiy require the super- visor to make such apportionment. (62: 1909) CHAPTER XXIX The School Commissioner The county judge is required : To fill any vacancy that occurs in the county in the office of school commissioner. (305) The county clerk is required: To forward to the commissioner of education a duplicate certificate of the election or appointment attested by their signature and the seal of the coun- ty as soon as they have official notice of the elec- tion or appointment of a school commissioner, for any district in their county. (302) To give notice to the county judge as soon as he hears of a vacancy in the office of school commis- sioner. (305) To keep the reports of school trustees. (314) The county treasurer is required: To receive the county tax upon bank stock, and on order of the supervisors to pay out the same due each district. (62: 1909) To receive from the collectors the assessment rolls against railroad companies and pay over to the col- lector the taxes paid on the same. (399-402) To pay to the collectors the amount of district taxes remaining unpaid. (407) He receives no fees for taxes credited back on forest lands. (62:1909) (380) County] Commissioner District 381 The only county officer whose duties are entirely connected with schools is the school commissioner. He is the intermediary between the commissioner of edu- cation and the school districts ; his powers and duties are many and responsible. Every county, unless wholly a city, contains one or more school commissioner districts. (301) No city is included in, or forms a part of any school commissioner district. (301) In any school commissioner district that contains more than 100 school districts, the board of super- visors may divide the district, within the county, and erect therefrom an additional district; when it con- tains more than 200 districts they must so divide it (C. L. eh. 16) ; and when such district has been formed a school commissioner for such district must be elected as provided by law. (301) A school commissioner for each school commission- er district must be elected by the electors thereof, at the general election held each third year dating from the one held in the year 1908. (302) Any person (1) of full age, (2) a citizen of the United States, a resident (3) of the state, and (4) of the county in which a school commissioner district is situated, is eligible to the office of school commis- sioner. (302) No person is deemed ineligible to such office by reason of sex who has the other qualifications. The term of office of such school commissioner begins on Jan. 1 next after his election, and is for 3 years, and until his successor qualifies. (303) 382 School Commissioner [Part VI Every person elected to the office, or appointed to fill a vacancy, must take the oath of office prescribed by the con- stitution, before the county clerk or before any officer author- ized to take, within this state, the acknowledgment of the execution of a deed of real property, and file it with the county clerk; and if he omits so to do, the office is deemed vacant. (303) The school commissioners are subject to such rules and regulations as the commissioner of education may, from time to time, prescribe, and appeals from their acts and decisions may be made to him, as here- in provided. (314) They must, whenever required by the commissioner of education, report to him as to any particular matter or act, and severally make to hiin annually, Aug. 1 in each year, a report in such form and containing all such particulars as he shall prescribe and call for. (3 14) For that purpose, they must procure the reports of the trustees of the school districts from the town clerk's offices, and, after abstracting the necessary contents thereof, arrange and indorse them properly and deposit them, with a copy of their own abstract thereof, in the office of the county clerk, and the clerk shall safely keep them. (314) No school commissioner may be directly or in- directly engaged in the business of a publisher of school books, maps or charts, or of a bookseller, or in the manufacture or sale of school apparatus or furniture; nor may he act as agent for an author, publisher, or bookseller, or dealer in school books, maps or charts, or manufacturer of or dealer in any school furniture or apparatus; nor directly or indi- rectly receive any gift, emolument, reward or prom- ise of reward, for his influence in recommending or procuring the use of any book, map or chart, or County] Must not act as Agent 383 school apparatus, or furniture of any kind whatever, in any common or union free school, or the purchase of any books for a school district library. (315) Any violation of this provision, or of any part thereof, shall be a misdemeanor; and any such violation shall subject such commissioner to removal from his office by the commissioner of education. (315) In the case of Commissioner John C. Rockwell of Westchester county it was decided that a commission- er may not conduct a teachers' agency and receive pay for placing teachers. Commissioner Draper wrote to him April 19, 1906, ordering him to appear at Albany, saying it appeared: "1st. That in November or December 1903, Florence Earle Clark was appointed a teacher in school district No. 3, town of Rye, in the first school commissioner district of Westchester County, at a salary of $600 per year; that soon thereafter you sent her a bill of $30 for services in aiding her to obtain the appointment, and that such bill was paid by the said Florence Earle Clark and accepted by you. * * * * "9th. That at the time each of the foregoing appoint- ments of teachers were made in this said district No. 3, town of Rye, you were the school commissioner of the first school commissioner district of Westchester County, and that the said school district No. 3, town of Rye, is within the said school commissioner district, and subject to your supervision." Mr. Rockwell appeared, and on May 8 this decision was rendered: ''It is distinctly said that such course is abhorrent to the manifest spirit and intent of the law and to the moral needs of the situation. * * * "The conclusion is that the school commissoner must retire from the office within 30 days unless within that time he satisfies the department that he has abandoned and wholly divested himself of all interests in the business of securing places for teachers or pay ; for that in the advent of failure to do this, the order of removal will follow." 384 School Commissioner [Part VI Whenever it shall be proved to his satisfaction that any school commissioner or other school officer has been guilty of any wilful violation or neglect of duty under this chapter, or any other act pertaining to common schools, or wilfully disobeying any decision, order or regulation the commissioner of education may remove such school commissioner or other school officer from his office. (338: see 303) He may at any time vacate his office by filing his resigna- tion with the county clerk. His removal from the county, or the acceptance of the office of supervisor, town clerk or trus- tee of a school district, vacates his office. (140, 304) So soon as he has notice of the existence of a vacancy in the office of school commissioner, the county clerk gives notice thereof to the county judge, or, if that office be vacant, to the commissioner of education. In case of a va- cancy the county jvidge, or, if there be no county judge, then the commis- sioner of education must appoiftt a school commissioner, who shall hold his office until Jan. 1 succeeding the next general election, and until his suc- cessor, vifho shall be chosen at such general election, shall have qualified. A person elected to fill a vacancy holds the office only for the unexpired term. (305) He receives an annual salary of $1,000 payable quarterly out of the free school fund appropriated for this purpose. (306) Whenever a majority of the supervisors from all the towns composing a school commissioner district adopt a resolution to increase the salary of their school commissioner beyond the $1000 payable to him from the free school fund, it is the duty of the board of supervisors of the county to give effect to such resolution, and they must assess the increase stated therein upon the towns composing such commissioner district, rat- ably, according to the corrected valuations of the real and personal estate of such towns. (307) The board of supervisors must annually audit and allow to each school commissioner within the county a fixed sum of at least $200 for his expenses, and assess and levy that County] Duties 385 amoiant annually, by tax upon the towns composing his dis- trict. (308) Whenever the commissioner of education is satisfied that a school commissioner has persistently neglected to perform his duties, he may withhold his order for the payment of the whole or any part of such commissioner's salary as it becomes due, and the salary so withheld is forfeited ; b\it the commis- sioner of education may remit the forfeiture, in whole or in part, upon the school commissioner disproving or excusing such neglect. (309) The school commissioner has power, and it is his duty: 1. From time to tim-e to inquire into and ascertain whether the boundaries of the school districts within his district are definitely and plainly described in the rec- ords of the proper town clerks. (313) In case the records of the boundaries of any school district are found defective or indefinite, or if the same shall be in dispute, then he must cause the same to be amended, or an amended record of the boundaries to be made. (313) All necessary expenses incurred in establishing such amended records are a charge upon the districts aflfected, to be audited and allowed by the trustees thereof, upon the certificate of the school commissioner. (313) 2. To visit and examine all the schools and school districts within his district as often in each year as shall be practicable; to inquire into all matters re- lating to the management, the course of study and mode of instruction, and the text-books and discipline of such schools, and the condition of the school-houses, sites, out-buildings and appurtenances, and of the district generally; to examine the school libraries; to advise with and counsel the trustees and other officers of the district 386 School Commissioner [Part VI in relation to their duties, and particularly in respect to the construction, heating, ventilating and lighting of school-houses, and the improving and adorning of the school grounds connected therewith; and to recommend to the trustees and teachers the proper studies, discipline and management of the schools, and the course of in- struction to be pursued. (313) 3. Upon such examination, to direct the trustees to make any alterations or repairs on the school-house or out-buildings which shall, in his opinion, be necessary for the health or comfort of the pupils. (313) The expense of making such alterations or repairs shall, in no case, exceed the sum of $200, unless an additional sum shall be voted by the district. (313) 4. To direct the trustees to make any alterations or repairs to school furniture, or when in his opinion any furniture is unfit for use and not worth repairing, or when sufficient furniture is not provided, to direct that new furniture shall be provided as he may deem, neces- sary. (313) The expense of such alterations, repairs or additions to furniture must not in any one year exceed the sum of $100. (196, 313) 5. To direct the trustees to abate any nuisance in or upon the premises, provided the same can be done at an expense not exceeding $25. (196, 313) 6. To examine and license teachers. (313) Under such rules and regulations as have been or may be prescribed by the commissioner of education, he examines persons proposing to teach common schools within his dis- trict, and not possessing the certificate of qualification of the commissioner of education or an unannuUed certificate of a County] Duties 387 former superintendent of public instruction or a diploma of a state normal school, and inquires into their moral fitness and capacity, and, if he finds them qualified, grants them certificates of qualification, in forms prescribed by the com- missioner of education (553). See pages 84-94. No certificate may be granted to any person to teach in the public schools of this state, who has not passed a satisfactory exa4nination in physiology and hygiene, with special refer- enco to the effects of alcoholic drinks, stimulants and narcotics upon the human system. (553) No certificate may be granted to any person under the age of 16 years. (553) Nor is any person qualified to teach under the age of 18. (550) 7. To revoke a teacher* s certificate. (313) A school commissioner must examine any charge affecting the moral character of any teacher within his district, first giving such teacher reasonable notice of the charge, and an opportunity to defend himself therefrom; and if he finds the charge sustained, he must annul the teachers' certificate, by whomsoever granted, and declare him unfit to teach. (554) If the teacher holds a certificate of the commissioner of ed- ucation or of a former superintendent of public instruction or a diploma of a state normal school, he must notify the commissioner of education forthwith of such annulment and declaration. (554) 8. To condemn a school-house (115, 313). See page 24. 9. And, generally, to use his utmost influence and most strenuous exertions to promote sound education, elevate the character and qualifications of teachers, im- prove the means of instruction and advance the interests of the schools wnder his supervision. (313) 10. To notify all teachers, trustees, boards of educa- tion and others known to him, who may desire to become 388 School Commissioners [Part VI teachers under his jurisdiction, of the time when and the place where the institute will be held. (621) 11. To make all necessary arrangements for holding the institute when appointed. (621) The commissioner of education appoints an institute once in each year in each school commissioner district of the state, for the benefit and instruction of the teachers in the public schools, and of such as intend to become teachers, with special reference to the presentation of subjects relating to the principles of education and methods of instruction in the various branches of study pursued in the schools. After consultation with the school commissioners, he determin.. the duration of each institute and designates the time and place of holding the same; he employs suitable persons, at a reasonable compensation, to supervise and conduct the in- stitutes, and provides additional instruction as needed. (620) The school commissioner must see that a suitable room is provided ; attend to all necessary details connected therewith ; assist the conductor in organization ; keep a record of all teach- ers in attendance ; and notify the trustees of the number of days attended by the teachers of the various districts, which are the basis of pay to such teacher for attendance. (621) He must transmit to the commissioner of education at the close of each institute, in such form, and within such time as such commissioner shall prescribe, a full report of the in- stitute, including a list of all teachers in attendance, the num- ber of days attended by each teacher, with such other statis- tical information as may be required. (621) He must present a full statement of all expenses incurred by him in carrying on the institute, with vouchers for all expenditures made, accompanying the same by an affidavit of the correctness of statements made and of accounts pre- sented. (621) The treasurer will pay, on the warrant of the comptroller, to the order of any one or more of the school commissioners, such sum of money as the commissioner of education shall County] Teachers' Institutes 389 certify to be due to them for expenses in holding a teachers' institute ; and upon the Hke warrant and certificate will pay to the order of any persons employed by the commissioner of education as additional instructors to conduct, instruct, teach or supervise any such teachers' institute. (626) In 1905 George Turner Miller of Chemung county was re- moved from office for failing to pay over promptly the money sent hiin for institute expenses. He has the right to hold an institute when ap- pointed in any school building in any district under his jurisdiction which receives public money from the state, without expense therefor to the state beyond a reasonable allowance to said district for lighting, heating, and janitor service. (622) Due and proper care shall be maintained, and the school building left in the like condition as found as regards cleanli- ness and neatness. (113, 622) Any person under contract to teach in a school in any commissioner district, is required to attend an institute if held for that district, even though at the time the school is not in session, and is entitled to receive wages for such attendance. (625) Wilful failure on the part of a teacher to attend a teachers' institute as required, is considered suffi- cient cause for the revocation of such teacher's li- cense. (625) Wilful failure on the part of trustees to close their schools during the holding of an institute as required, is considered sufficient cause for withholding the public moneys to which such districts would other- wise be entitled. (623) 12. To visit and examine training classes. (644) 390 School Commissioners [Part VI Each class organized in any academy or union school under appointment by the commissioner of ed- ucation for instruction in the science and practice of common school teaching, is subject to the visitation of the school commissioner of the district in which such academy or union school is situated. (644) It is the duty of said school commisioner to advise and assist the principals of said academies or union schools in the organization and management of said classes, and at the close of the term of instruction of said classes, under the direction of the commissioner of education, to examine the students in such classes, and to issue teachers' certificates to such as show moral character, fitness and scholastic and professional qual- ifications, worthy thereof. (644) 13. To accept resignation of district officers. (148) 14. To fill vacancy in the office of trustee ivhich has not been supplied within 1 month by district meeting. (150, 152) 15. To ascertain the tax rate of each tax district and determine the proportion of the tax on bank stock to which each district is entitled. (62: 1909) 16. To approve of expenditure by trustees for water closets. (116) He has power to take affidavits and administer oaths in all matters pertaining to common schools, but without charge or fee; and under the direction of the commissioner of education to take and report to him the testimony in any case of appeal. (312) When so directed by the commissioner of educa- tion he has "power to issue subpoenas to compel the attendance of witnesses. (312) County] Oaths and Subpoenas 391 Service of said subpoenas must be made a reasonable time before the time therein named for the hearing, by exhibiting the same to the person so served, with the signature of the school commissioner attached, and by leaving with such per- son a copy thereof. The person so served is entitled to re- ceive from the person or oflficer at whose instance he is sub- poenaed, at the time of service, the same fees as are pro- vided by law for witnesses in courts of record. Disobedience of such subpoena subjects the delinquent to a penalty of $25, which must, unless sufficient excuse is shown, upon the certificate of the school commissioner showing such facts, be imposed by the connty judge of the county in which such school commissioner resides, and be paid forthwith to the county treasurer for the benefit of the poor of the county, or, in case such penalty be not paid, such delinquent must stand committed to the county jail of the county for the period of 25 days, unless sooner paid. (312) A school commissioner may, upon the written request of the school commissioner of an adjoining district, perform any of his duties for him, and upon requirement of the com- missioner of education must perform the same. (310) All the rights, powers and duties conferred upon school commissioners extend to all districts organized under special acts. (311) On Dec. 1, 1909, William H. Woodward of the 3d district of Albany county was removed from office for failing to file the trustees' reports, and other negligence. CHAPTER XXX The Commissioner of Education Incidentally the comptroller has much to do with schools. He gives his warrant to the county treasurer for unpaid taxes (410). See page 69. He transfers the funds which make up the educa- tion fund (58 : 1099) . See page 265. He gives warrant for the payment of money appro- priated by the legislatiure (58:1909). Seepages 265-6. He may withhold payment of school moneys till satisfied that the county has paid into the state treasury the money required to be raised for schools (460). See page 273. He gives his warrant for payment of the public library money (1043). See page 33. He receives from the regents vouchers for proper expenditure for free libraries (1043). See page 33. The state treasurer handles most of the school funds. See pages 266, 273. He pays the school tax levied upon lands in the forest preserves (62:1909). See page 59. He pays out the public library money from the U. S. deposit fund (1043). See page 33. The forest, fish and game commission must ap- prove in writing the erection of a school-house on state lands. (62:1909), and may grant certificates to collect birds (24:1909). See pages 59, 414. (392.^ State] Secretary Board of Regents 393 The commissioner of education is the chief school officer of the state, and wields far greater power than any school officer in any other state. While no express authority was given the com- missioner of education to establish regulations as to the management of public schools, he has the power to make such regulations as are consistent with the general purpose of the state and not inconsistent with the laws of the state. (184 NY 421) He serves during the pleasure of the board of re- gents and all vacancies in the office are filled by ap- pointment of the board of regents. (330) He may be elected or appointed without regard to the place of his residence, whether it be within or without the state of New York. He receives an annual salary of $7500 and $1500 for traveling and other expenses. (330) All the powers and duties of the board of regents in relation to the supervision of elementary and sec- ondary schools, including all schools, except colleges, technical and professional schools, are devolved upon the commissioner of education, who is the secretary and the executive officer of the board of regents. (331) To recapitulate all the powers and duties of the commissioner of education would be to repeat a large part of this volume, for on almost every page there is some reference to his final authority. For instance: He may modify or vacate a school commissioner's order changing district boundaries (25). See page 10. He inay order special district meetings (85). See page 16. He receives copies of orders of condemnation (115). See page 24. He must approve of plans of schoolhouses costing $500 (111). See page 25. 394 Commissioner of Education [Part VI He may approve of accepting conditional gift for library (1029). See page 29. He makes rules for the use of the school library (1045). See page 43. He receives reports of school libraries (1045). See page 34 He may withhold public money when library money is improperly used (1051). See page 35. He approves of contracts to instruct children of a neigh- boring district (600). See page 38. He designates what inust appear in trustees' reports (62). See page 43. He may remove any school officer for cause (338) . See pages 52, 72. Or library trustees (1040). See page 32. He approves of gifts for libraries (1034). See page 30. Or of transfer of libraries (1029). See pages 31, 34. He may suspend the rights of libraries to money and books (1040). See page 31. He may prescribe rules for lending books from the state library (1041). See page 32. He may provide for giving advice to libraries (1041). See page 32. And charge non-residents for it (1042). See page 32. He apportions library money (1043). See page 33. And school money (541). See pages 266, 75. These are only illustrations of his powers from a few pages; the entire school law is largely an exem- plification of his powers. But some of the more important are as follows: 1. He has power to create such departments as in his judgment are necessary. (331) He appoints deputies and heads of such departments, sub- ject to the aproval of the regents. Such heads of depart- ments appoint, subject to approval by the commissioner of education, such subordinates in their respective departments as in their judgment are necessary. (331) State] Cornell University 395 2. He is responsible for the safe keeping and proper use of the university seal and of the books, records and other property in charge of the regents, and for the proper administration and discipline of the various offices and departments of the university. (331) 3. He is ex officio a trustee of Cornell university. (331) The board of trustees is made up of the governor, the lieu- tenant-governor, the speaker of the house of assembly, the commissioner of education, the president of the state agricul- tural society, the commissioner of agriculture, the librarian of the Cornell library and the president of the university, ex-officio, and the eldest lineal male descendant of Ezra Cor- nell is a trustee thereof during his life. To fill the vacancies in the board existing among the elective trustees, the gover- nor appoints subject to confirmation by the senate, one trus- tee for the term of 5 years, whose term of office begins at the expiration of the term of the retiring trustee. In the event of a vacancy occurring among the trustees appointed by the governor, by death and otherwise, the governor, subject to confirmation by the senate, as provided aforesaid, appoints a trustee to fill the vacancy for the unexpired term. (1121) There are also 26 elective trustees, \5 of whom sfiall be elected by the board of trustees, and 10 by the alumni of said university and one each year by the executive committee of the New York state grange at the an- nual meeting of said grange, for a term of one year, his term of office to begin at the first commencement week subsequent to his election. (1121) At no time shall a majority of the board be of any one religious sect or of no religious sect. (1121) The Cornell farm and grounds consists of not less than 200 acres. (1122) For the protection of the grounds, farm buildings and prop- erty of the university, the supervisor of the town of Ithaca may appoint, upon the recommendation of the board of trustees, not more than 3 suitable persons, as special con- stables, who shall have and exercise within the boundaries of 396 Commissioner of Education [Part VII such university grounds, the powers and duties of constables of towns, and whose compensation shall be regulated and paid by said board of trustees of the university. (1122) The leading object of Cornell university is to teach such branches of learning as are related to agricul- ture and the mechanic arts, including military tac- tics; in order to promote the liberal and practical ed- ucation of the industrial classes in the several pursuits and professions in life. (1123) But such other branches of science and knowledge may be embraced in the plan of instruction and investigation per- taining to the university as the trustees deem useful and proper. (1123) The university is authorized to establish faculties, depart- ments and branches and carry on its work at any places in this state and to confer any and all literary, scientific, tech- nical and professional degrees, and in testimony thereof award certificates and diplomas. Persons of every religious denomination, or of no re- ligious denomination, shall be equally eligible to all offices and appointments. (1123) The trustees make all the reports and perform such other acts as may be necessary to conform to the act of congress entitled "An act donating public lands to the several states and territories which may provide colleges for the benefit of agriculture and the mechanic arts" approved July 2, 1862. (1125) It is subject to visitation of the regents of the university of the state of New York. (1125) The several departments of study in Cornell uni- versity are open to applicants for admission thereto at the lowest rates of expense consistent with its wel- fare and efficiency, and without distinction as to State] Cornell Examinations 397 rank, class, previous occupation or locality. (1127) With a view to equalize its advantages to all parts of the state, the institution must receive students to the number of one each year from each assembly district in this state, to be selected by examination, and give them instruction in any or in all the pre- scribed branches of study in any department of said institution, free of any tuition fee or of any incidental charges to be paid to said university, unless such in- cidental charges shall have been made to compensate for materials consumed by said students or for dam- ages needlessly or purposely done by them to the property of said university. (1127) This free instruction is accorded to said students in consideration of their superior ability, and as a re- ward for superior scholarship in the academies and public schools of this state. (1127) Such students are selected as the legislature may from time to time direct, and until otherwise ordered as follows: 1. A competitive examination, under the direction of the education department, is held at the county court-house in each county of the state, upon the 1st Saturday in June, in each year, by the city superintendents and the school com- missioners of the county. (1127) 2 None but pupils of at least 16 years of age and of 6 months' standing in the common schools or academies of the state, during the year immediately preceding the examina- tion, are eligible. (1127) 3. The examination is upon such subjects as may be des- ignated by the president of the university. Question papers prepared by the education department are used, and the ex- amination papers handed in by the different candidates are 398 Commissioner of Education [Part VII retained by the examiners and forwarded to the education department. (1127) The examiners must, within 10 days after such examina- tion, make and file in the education department a certificate, in which they name all the candidates examined and specify the order of their excellence, and such candidates in the order of their excellence, become entitled to the scholarships be- longing to their respective counties. (1127) 5. In case any candidate who may become entitled to a scholarship fails to claim the same, or fails to pass the en- trance examination at the university, or dies, resigns, absents himself without leave, is expelled or, for any other reason, abandons his right to or vacates such scholarship either before of after entering thereupon, then the candidate certified to be next entitled in the said county becomes entitled to the same. (1127) In case any scholarship belonging to any county is not claimed by any candidate resident in that county, the com- missioner of education may fill the same by appointing thereto some candidate first entitled to a vacancy in some other county, after notice has been served on the superin- tendent or commissioners of schools of said county. In any such case, the president of the university must at once notify the commissioner of education and the officer must immediately notify the candidate next entitled to the vacant scholarship of his right to the same. (1127) 6. Any state student who makes it appear to the satisfac- tion of the president of the university that he requires leave of absence, for the purpose of earning funds with which to defray his living expenses while in attendance, may, in the discretion of the president, be granted such leave of absence, and may be allowed a period not exceeding 6 years from the commencement thereof for the completion of his course at said university. (1127) 7. In certifying the qualifications of the candidates, pref- erence is given, where other qualifications are equal, to the children of those who have died in the military or naval ser- vice of the United States. (1127) state] Cornell Examinations 399 8. Notices of the time and place of the examinations are given in all the schools having pupils eligible thereto, prior to Jan. 1 in each year, and must be published once a week, for 3 weeks, in at least 2 newspapers in each county immed- iately prior to the holding of such examinations. The cost of publishing such notices and the necessary expenses of such examination are a charge upon each county, respectively, and must be audited and paid by the board of supervisors thereof. (1127) 9. The commissioner of education attends to the giving and publishing of the notices hereinbefore provided for. (1127) He may, in his discretion, direct that the examination in any county may be held at some other time and place than that above specified, in which case is must be held as directed by him. (1127) He keeps full records in his department of the reports of the different examiners, showing the age, post-office address and standing of each candidate, and notifies candidates of their rights. He determines any controversies which may arise. He is charged with the general supervision and direc- tion of all matters in connection with the filling of such scholarships. ( 1 1 27) Students enjoying the privileges of free scholarships must, in common with the other students of said university, be subject to all the examinations, rules and requirements of the board of trustees, or faculty of the university, except as herein provided. (1127) Cornell maintains the state veterinary college. This is established to conduct investigations as to the nature, prevention and cure of all diseases of animals, includ- ing such as are communicable to man and such as cause epi- zootics among live stock ; to investigate the economical ques- tions which will contribute to the more profitable breeding, rearing and utilization of animals; to produce reliable stand- ard preparations of toxins, antitoxins and other products to be used in the diagnosis, prevention and cure of diseases and 400 Commissioner of Education [Part VII in the conducting of sanitary work by approved modern methods ; and to give instruction in the normal structure and function of the animal body, in the pathology, prevention and treatment of animal diseases, and in all matters pertain- ing to sanitary science as applied to live stock and correl- atively to the human family. (112S) The state college of agriculture is established at Cornell university. (1129) Its object is to improve the agricultural methods of the state; to develop the agricultural resources of the state in the production of crops of all kinds, in the rearing and breed- ing of live-stock, in the manufacture of dairy and other prod- ucts, in determining better methods of handling and market- ing such products, and in other ways; and to increase intel- ligence and elevate the standards of living in the rural dis- tricts. (1129) For the attainment of these objects the college is author- ized to give instruction in the sciences, arts and practices relating thereto, in such courses and in such manner as shall best serve the interests of the state; to conduct extension work in disseminating agricultural knowledge throughout the state by means of experiments and demonstrations on farms and gardens, investigations of the economic and social status of agriculture, lectures, publication of bulletins and reports, and in such other ways as may be deemed advisable in the furtherance of the aforesaid objects; to make researches in the physical, chemical, biological and other problems of agri- culture, the application of such investigations to the agricul- ture of New York, and the publication of the results thereof. (1129) Fees and charges in the college of agriculture are fixed by Cornell university, and the moneys received from these sources and from the sales of products are credited to a sep- arate fund and used for the current expenses of the college of agriculture. (1129) Similar schools are established at St. Lawrence state] Normal Schools 401 university (1140-2), at Alfred university (1160-1), and at Morrisville (1180-1) In all these bona fide residents of the state of New York are entitled to free tuition. 4. He is ex officio a trustee of the New York state asylum for iCiiois. (331) 5. He has general supervision over the state normal schools. (331) State normal schools are at Brockport, Buffalo, Cortland, Fredonia, Geneseo, New Paltz, Oneonta, Oswego, Plattsburgh, and Potsdam. (660) There is a local board of each normal school, consisting of not less than 3 nor more than 13 persons. The members thereof hold their offices until removed by the concurrent action of the chancellor of the university and the commis- sioner of education. Any vacancy is filled by the appoint- ment of the commissioner of education. (661) These boards have the immediate supervision and manage- ment of said schools, subject however to the general super- vision of the commissioner of education and to his direction in all things pertaining to the school. (662) Each board establishes rules and regulations subject to the approval of the commissioner of education. (662) They shall also transmit through him, and subject to his approval, a report to the legislature on Jan. 1 in each year, showing the condition of the school under their charge during the year next preceding. (662) They have the custody, of the grounds and buildings ♦pro- vided or used for the purposes of such schools, respectively, and other property of the state pertaining thereto, with power to protect, preserve and improve the same. (663) Subject to the approval they prescribe the course of study. (664) The commissioner of education 402 Commissioner of Education [Part VII determines what number of teachers shall be employed in each school, and their wages; their employment is subject to his approval. (664) He may order, in his discretion, that one or more of said schools shall be composed exclusively of males and one or more of females; he decides upon the number of pupils to be admitted to each of said schools, and prescribes the time and manner of their selection. (664) He is to take care in such selection to provide that every part of the state shall have its proportionate representation in such school as near as may be according to population ; but if any school commissioner district or any city, shall not, for any cause, be fully represented in any of said schools, then he may cause the maximum number of such pupils to be sup- plied from any part of the state, giving preference, however, to those living in the county, city or village where such school is situated. (664) During such time as any local board may omit to discharge its duties, he is authorized to discharge the duties of such local boards or any of their officers; and the acts of said com- missioner of education in the premises are as valid and bind- ing as if done by a competent local board or its officers, or with their co-operation. (665) He prepares suitable diplomas to be granted to the stu- dents of such school, who shall have completed one or more of the courses of study and discipline prescribed, and a di- ploma signed by him, the chairman and secretary of the local board and the principal of the school, is of itself a certificate of qualification to teach common schools. (666) All applicants for admission must be residents of this state, or, if not, they may be admitted only upon the payment of such tuition fees as shall be, from time to time, prescribed by the commissioner of edu- cation. Applicants shall present such evidences of proficiency or be subject to such examination at the state] Normal Schools 403 school as shall be prescribed by said commissioner, (669) No normal school may receive into any academic depart- ment connected therewith, any pupil not a resident of the territory for the benefit or advantage of whose residents the state has pledged itself to maintain such academic depart- ment. (667) When admitted, students, unless they are students in the academic or practice department or are nonresidents, are entitled to all the privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pupil must pay for books lost by him, and for any damage to books in his possession; any pupil may be dismissed from the school by the local board for immoral or disorderly con- duct, or for neglect or inability to perform his duties. (667) For the purpose of protecting and preserving such build- ings, grounds and other property, and preventing injuries thereto, and preserving order, preventing disturbances, and preserving the peace in such buildings and upon such grounds, the local board of managers of each of said normal schools shall have power, by resolution or otherwise, to appoint, from time to time, one or more special policemen. (669) The village or city wherein is located a state normal and training school, may insure and keep insured, as a village or city charge, the real and personal property of such school against loss or damage by fire, when the state refuses to in- sure, or keep adequately insured, such property. The insur- ance is to be in the name of the state, and in case of loss, any moneys obtained from such insurance are to be used and dis- posed of the same as if the state had effected such insurance. The amount of insurance to be carried is determined by the municipal authorities of such village or city. (670) With the consent of the commissioner of education, the local board may accept, for the state, the gift, grant, devise or bequest of money or other property, and apply the same to any purpose, not inconsistent with the general purposes of such school, which shall be prescribed in the instrument 404 Commissioner of Education [Part VII by which such gift, grant, devise or bequest shall be made. (673) The treasurer pays on the warrant of the comptroller, on bills approved by the commissioner of education, from the general fund, a sum not exceeding $1000 per year, for the support and education of for not to exceed 3 years each 10 Indian youth not under 16 years of age in the state normal schools, by the commissioner of education, from the several Indian tribes located within this state; with due regard to a just participation by each of the said several tribes. (674-5) The local board of each normal school are the guardians of such Indian youth, during the period of their connection with the school; and pay their necessary expenses, not to exceed $100 per year for each pupil. (677) Such Indian pupils enjoy the same privileges, of every kind, as the other pupils attending said schools, including the pay- ment of traveling expenses, not exceeding $10 to each pupil. The state normal school established at Albany is now known as the state normal college. It is under the supervision, management, and gov- ernment of the commissioner of education and the regents of the university, who appoint a board con- sitsing of 5 persons of whom the said commissioner is one, who constitute the board of trustees for the care, management and government of said college. (679) 6. He provides for the education of Indian chil- dren. (331) This has been treated in detail. 7. He has general supervision of industrial and trade schools. (331) He prescribes regulations governing the licensing of the teachers employed therein; and he is authorized, empowered and directed to provide for the inspection of such schools, state] Annual Report 405 to take necessary action to make eflfectual the provisions of said article, and to advise and assist boards of education in the several cities and school districts in the establishment, •organization and management of such schools. (331, 820) 8. He enforces the provisions in relation to the school census. (331, 1000) 9. He may, in his discretion, appoint persons to visit and examine all or any of the common schools in the county where such persons reside, and to report to him all such matters respecting their condition and man- agement, and the means of improving tliem, as he shall prescribe. (233) No allowance or compensation is made to such vis- itors for their services or expenses. (333) 10. So often as he can, consistently with his other duties, he shall visit such of the common schools of the state as he shall see fit, and inquire into their course of instruction, management and discipline, and advise ■and encourage the pupils, teachers and officers thereof. <334) 11. He must submit to the legislature an annual report containing: 1. A statement of the condition of the common schools of the state, and of all other schools and institutions under his supervision, and subject to his visitation as commissioner. 2. Estimates and accounts of expenditures of the school moneys, and a statement of the apportionment of school moneys made by him. 3. All such matters relating to his office, and all such plans and suggestions for the improvement of the schools and the advancement of public instruction in the state, as he shall deem expedient. (335) 406 Commissioner of Education [Part VII 12. Upon cause shown to his satisfaction, he may annul any certificate of qualification granted to a teacher by a school commissioner, or declare any diploma is- sued by a state normal school ineffective and null as a qualification to teach a common school within this state, and lie may reconsider and reverse his action in any such matter. (336) He prepares and keeps in his office alphabetical lists of all persons who have received, or may receive, certificates of qualification from himself, or diplomas of the state normal schools, with the dates thereof, and notes thereon all annul- ments and reversals of such certificates and diplomas, with the dates and causes thereof, together with such other par- ticulars as he deems expedient. (337) 13. He may withhold any share of the public money of the state from any district for wilfully disobeying any decision, order or regulation. (338) 14. He prepares suitable registers, blanks, forms, and regulations for making all reports and conducting all necessary business. (339) He causes the same, with such information and instructions as he deems conducive to the proper organization and gov- ernment of the common schools and the due execution of their duties by school officers, to be transmitted to the officers and persons intrusted with the execution of the same. (339) 15. He may administer oaths and take affidavits concerning any matter relating to the schools. (340) 16. He is charged with the general supervision of every union free school district. (341) 17. He must approve the plans of all schoolhouses except in cities of the \st and 2d classes, and of repairs costing more than $500. state] Appeals 407 18. He is authorized and required to examine and decide appeals brought by any person considering him- self aggrieved. (360) His decision therein is final and conclusive, and not subject to question or review in any place or court whatever. (360) In Colorado decisions of the state board are reviewable. (97 Pac 978) An original application to him to act when no action had been taken before, as to remove a trustee, was not an appeal from any decision of an officer or a body, and was review- able by the courts. (159 N Y 162) But the present law makes his original action not reviewable. In reference to such appeals, he has power: 1. To regulate the practice therein. (361) 2. To determine whether an appeal shall stay proceedings, and prescribe conditions upon which it shall or shall not so operate. (361) 3. To decline to entertain or to dismiss an appeal, when it shall appear that the appellant has no interest in the matter appealed from, and that the matter is not a matter of public concern, and that the person injuriously affected by the act or decision appealed from is incompetent to appeal. (361) 4. To make all orders, by directing the levying of taxes or otherwise, which may, in his judgment, be proper or nec- essary to give effect to his decision. (361) He is to file, arrange in the order of time, and keep in his office, so that they may be at all times accessible, all the proceedings on every appeal to him under this article, in- cluding his decision and orders founded thereon; and copies of all such papers and proceedings, authenticated by him under his seal of office, are evidence equally with the or- iginals. (362) 408 Commissioner of Education [Part VII Such appeal or petition may be made in conse- quence of any decision made: 1. By any school district meeting. (360) 2. By any school commissioner and other officers, in form- ing or altering, or refusing to form or alter, any school district, or in refusing to apportion any school moneys to any such district or part of a district. (360) 3. By a supervisor in refusing to pay any such moneys to any such district. (360) 4. By the trustees of any district in paying or refusing to pay any teacher, or in refusmg to admit any scholar gra- tuitously into any school. (360) 5. By any trustees of any school library concerning such library, or the books therein, or the use of such books. (360) 6. By any district meeting in relation to the library. (360) 7. By any other official act or decision concerning any other matter or any other act pertaining to common schools . (360) CHAPTER XXXI Regents of the University We have seen that the commissioner of education is selected by the regents of the university of the state of New York, the final authority in the school system of the state. The university of the state of New York was cre- ated in 1784. Its objects are to encourage and promote higher and sec- ondary education, to visit and inspect its several institutions and departments, to distribute to or expend or administer for them such property and funds as the state may appro- priate therefor or as the university may own or hold in trust or otherwise, and to perform such other duties as may be intrusted to it. (1080) It also has power to establish such rules and reg- ulations as are necessary to carry into effect the statutes of this state relating to education. (1080) It is governed and all its corporate powers are ex- ercised by a board of regents whose members are 3 more than the existing judicial districts of the state. (1081) The term of one regent expires each year on the April 1, and his successor is elected by the legislature in the 2d week of February in each year, in the man- ner provided by law for the election of senators in congress. All vacancies, either for full or unexpired terms must be so filled that there shall always be in the membership of the board of regents at least one resident of each of the judicial districts. (1081) (409) 410 Regents of the University [Part VII A vacancy in the office of regent for other cause than ex- piration of term of service is filled for the unexpired term by an election at the session of the legislature immediately fol- lowing such vacancy, unless the legislature is in session when such vacancy occurs, in which case the vacancy is filled by such legislature. (1081) There are no ex-officio members of the board of regents. No person may be at the same time a regent of the university and a trustee, president, principal or any other officer of an institution belonging to the university. (1081) The elective officers of the university are a chancellor and a vice-chancellor who serve without salary, and such other officers as are deemed necessary by the regents, all of whom are chosen by ballot by the regents and hold office during their pleasure; but no election, removal or change of salary of an elective officer may be made by less than 6 votes in favor thereof . (1082) Each regent and each elective officer must, before entering on his duties, take and file with the secretary of state the oath of office required of state officers. (1082) The chancellor presides at all convocations and at all meet- ings of the regents, confers all degrees which they authorize, and fixes the time and place of all special meetings. In his absence or inability to act, the vice-chancellor, or if he be also absent, the senior regent present, performs all the duties and has all the powers of the chancellor. (1082) In addition to the annual meetings, for which the time and place are fixed by ordinance of the regents, the chancellor calls a meeting as often as the business of the university re- quires, or on written request of any 5 regents; and at least 10 days' notice of every meeting must be mailed to the usual address of each regent. If any regent shall fail to attend 3 consecutive meetings, without written excuse accepted as satisfactory by the regents not later than the 3d consecutive meeting from which he has been absent, he is deemed to have resigned and the regents must promptly report the vacancy to the legislature, which fills it as provided above. (1083) State] Degrees 411 Six regents attending are a quorum for the transaction of business. (1084) The regents, or any committee thereof, may take testimony or hear proofs relating to their official duties, or in any mat- ter which they may lawfully investigate. (1085) The regents may, as they deem advisable in con- formity to law, make, alter, suspend or repeal any by-laws, ordinances, rules and resolutions for the ac- complishment of the trusts reposed in them. (1086) No such by-law, ordinance or rule may modify in any de- gree the freedom of the governing body of any seminary for the training of priests or clergymen to determine and reg- ulate the entire course of religious, doctrinal or theological instruction to be given in such institution. (1086) No by-law, ordinance or rule by which more than a major- ity vote is required for any specified action by the regents may be amended, suspended or repealed by a smaller vote than that required for action thereunder. (1086) The regents may confer by diploma under their seal ' such honorary degrees as they may deem proper, and may establish examinations as to attainments in learning, and may award and confer suitable certifi- cates, diplomas and degrees on persons who satis- factorily meet the requirements prescribed. (1087) The right to confer a degree is a franchise. In the United States no institution has the right to confer degrees unless the power to do so has been granted by the legislature. (5 Wend 211; 3 Wharton 445; 62 Vt 373) The regents may co-operate with other agencies in bringing within the reach of the people at large increased educational opportunities and facilities, by stimuating interest, recommending methods, desig- nating suitable teachers and lecturers, lending neces- sary books and apparatus, conducting examinations 412 Regents of the University [Part VII and granting credentials and otherwise aiding such work. (1090) No money appropriated by the state for this work may be expended in paying for services or expenses of teachers or lecturers. (1090) The state library and state museum are depart- ments of the university and the regents may establish such other departments as they deem necessary to discharge the duties imposed on them by law. (1091) All university departments shall be under the exclusive control of the regents, who shall have all powers of trustees- thereof, including authority to appoint all needed officers and employees; to fix their titles, duties, salaries and terms of service; to make all needed regulations; and to buy, sell, exchange or receive by will, gift or on deposit, articles or collections properly pertaining thereto; to maintain lectures connected with higher education in this state, and to lend to or deposit permanently with other institutions, books, specimens or other articles in their custody, which, because of being duplicates, or for other reasons, will in the judgment of the regents, be more useful in said institutions than if retained in the original collections at Albany. (1091) All scientific specimens and collections, works of art, objects of historic interest and similar property appropriate to a general musieum, if owned by the state and not placed in other custody by a specific law, shall constitute the state museum. (1092) One of its officers must annually inspect all such property not kept in the state museum rooms, and the annual report of the museum to the legislature must include summaries of such property, with its location, and any needed recommen- dations as to its safety or usefulness. The state museum in- cludes the work of the state geologist and paleontologist, the state botanist, and the state entomologist, who, with their assistants, are included in the scientific staff of the state museum. (1092) state] State Museum 413 Any scientific collection made by a member of|the museum staff during his term of office shall, unless otherwise author- ized by resolution of the regents, belong to the state and form part of the state museum. (1093) There is to be made, as the Indian section of the state museum, as complete a collection as practicable of the historical, ethnographic and other records and relics of the Indians of the state of New York. (1094) This will include imprements or other articles pertaining to their domestic life, agriculture, the chase, war, religion, burial and other rites or ct:stoms, or otherwise connected with the Indians of New York. The trustees of the state museum shall appoint on its staff a competent curator, with- out salary, to make and arrange this Indian collection. (1094) The university of the state of New York, which was duly elected to the office of wampum-keeper by the Onondaga nation Feb. 26, 1898, and is recognized in all courts and places, as having every power which has ever, at any time, been exercised by any wam- pum-keeper of the Onondaga nation, or of any of the Ho-de-no-sau-nee, otherwise known as the Five Nations.or the Six Nations, or the Iroquois. (31 :1909) The wampums are kept in a fireproof building, as public records, forever, and the regents are authorized to secure by purchase, suit, or otherwise, any wampums which have ever been in the possession of any of the Ho-de-no-sau-nee, or any preceding wampum-keeper, and which are now owned by any of them or to which any of them is entitled, or to which it is entitled, in law or in equity; and to maintain and carry on suit to recover any of such wampums in its own name or in the name of the Onondaga nation at any time notwith- standing that the cause of action may have accrued more than 6 years, or any time, before the commencement of any such suit. (31: 1909) 414 Regents of the University [Part VII A certificate may be issued by the forest, fish and game commission, to any person upwards of 18 years of age, permitting the holder to collect birds, birds' nests or eggs for scientific purposes. (24: 1909) Before such certificate is issued, the applicant must file "written testimonials from 2 well known scientific ornithol- ■ogists certifying to his good character and fitness to be in- trusted with the privilege. Every applicant except an of- ficer of the New York State Museum, must pay $1 for the expense of issuing the certificate, and must file a bond in the penal sum of $200 with 2 responsible sureties to be approved by the commission, conditioned that he will not violate the provisions of this chapter or avail himself of the privilege of said certificate for other than scientific purposes. Per- sons receiving such certificate must report the result of col- lections made thereunder annually to the commissioner, at the expiration of the license. Such certificate is in force for one year only frora the date of issue and is not transferable. (24:1909) The trustees of any museum may, so far as consist- ent with free use by the public at reasonable or spec- ified hours, close any of its museum collections at certain other hours, for study, to meet the demands of special students or for exhibition purposes, and may charge an admission fee at such hours, provided that all receipts from such fees shall be paid into the treas- ury and be used for the maintenance or enlargement of the institution. (1031) All books, pamphlets, manuscripts, records, ar- chives and maps, and all other property appropriate to a general library, if owned by the state and not placed in other custody by law, are in charge of the regents and constitute the state library. (1020) State] State Library 415 The state medical library is a part of the New York state library under the same government and regu- lations and is open for consultation to every citizen of the state at all hours when the state library is open. (1021) It is available for borrowing books to every accredited physician residing in the state of New York, who conforms to the rules made by the regents for insuring proper protec- tion and the largest usefulness to the people of the said med- cal library, t . 1) Manuscxipt or printed papers of the legislature, usually termed "on file", and which shall have been on file more than 5 years in custody of the senate and assembly clerks, and all public records of the state not placed in other custody by a specific law are part of the state library and must be kept in rooms assigned and suitably arranged for that purpose by the trus- tees of public buildings. (1022) The regents cause such papers and records to be so classi- fied and arranged that they can be easily found No paper or record may be removed from such files except on a reso- lution of the senate and assembly withdrawing them for a temporary purpose and in case of such removal a description of the paper or record and the name of the person removing the same must be entered in a book provided for that purpose with the date af its delivery and return. (1022) The state library must be kept open not less than 8 hours every week day in the year except the legal holidays known as Independence day. Thanksgiving day and Christmas day. (1023) Members of the legislature, judges of the court of appeals, justices of the supreme court, and heads of state depart- ments may borrow from the library books for use in Albany, but be subject to such restrictions and penalties as may be 416 Regents of the University [Part VII prescribed by the regents for the safety or greater usefulness of the library. Others are entitled to use or borrow books from the library only on such conditions as the regents shall prescribe. (1023) The regents have charge of the preparation, pub- Hcation and distribution, whether by sale, exchange or gift, of the colonial history, natural history and all other state publications not otherwise assigned by law. (1024) To guard against waste or destruction of state publications, and to provide for the completion of sets to be permanentiy preserved in American and foreign libraries, the regents maintain a duplicate department to which each state depart- ment, bureau, board or commission must send not less than 5 copies of each of its publications when issued, and after completing its distribution, any remaining copies which it no longer requires. The above, with any other publications not needed in the state library, constitute the duplicate de- partment, and rules for sale, exchange or distribution from it are fixed by the regents, who use all receipts from such ex- changes or sales for expenses and for increasing the state library. (1024) The librarian of any library owned by the state, or the officer in charge of any state department, bureau, board, commission or other office may, with the approval of the regents, transfer to the perman- ent custody of the state library or museum any books, papers, maps, manuscripts, specimens or other arti- cles which, because of being duplicates or for other reasons, will in his judgment be more useful to the state in the state library or museum than if retained in his keeping. (1025) The report of the state library to the legislature state] State Library 417 includes a statement of the total number of volumes or pamphlets, the number added during the year, with a summary of operations and conditions, and any needed recommendation for safety or usefulness for each of the other libraries owned by the state, the custodian of which shall furnish such information or facilities for inspection as the regents may require for making this report. (1026) Each of these hbraries is under the sole control now pro- vided by law, but for the annual report of the total number of books owned by or bought each year by the state, it is considered a branch of the state library and is entitled to any facilities for exchange of duplicates, inter-library loans or other privileges properly accorded to a branch. (1026) The consultation library of the court of appeals is under the exclusive supervision of that court and the chief judge may add thereto from any funds avail- able. (1052) The library of the court of appeals, located at the city of Syracuse, is continued. The regents of the university shall appoint a suitable person to be li- brarian of the library of the court of appeals at Syra- cuse, who shall receive an annual salary of $3000. (1052) Libraries may be furnished to any state hospital by the regents, subject to regulations adopted by them and the commission (in lunacy), the expense of which shall be included in the monthly estimates of the hospital. (32: 1909) Any municipal corporation may establish and main- tain a free public library or museum (29:1909). See pages 27-33. 418 Regents of the University [Part VII The institutions of the university include all in- stitutions of higher education which are now or may hereafter be incorporated in this state, and such other libraries, museums or other institutions for higher education as may, in conformity with the ordinances of the regents, after ofhcial inspection, be admitted to or incorporated by the university. (1095) The regents may exclude from such membership any insti- tution faihng to comply with law or with any ordinance or rule of the university. (1095) The regents or their committees or officers are to visit, examine into and inspect the condition and operations of every institution and department in the university, and require of each an annual report verified by oath of its presiding officer. (1096) This must give information concerning trustees, faculty, students, instruction, equipment, methods and operations, with such other information and in such form as may be prescribed by the regents who annually report to the legis- lature the condition of the university and of each of its in- stitutions and departments, with any further information or recommendations which they deem it desirable to submit; and such parts of their report as they deem necessary for use in advance of the annual volume, are printed by the state printer as bulletins. (1096) For refusal or continued neglect on the part of any insti- tution in the university to make the report required by this section, or for violation of any law, the regents may suspend the charter or any of the rights and privileges of such insti- tution. (1096) The regents have the power of incorporation. The constitution reads: Corporations may be formed under general laws; but shall not be created by special act, except for mu- State] Incorporation 419 nicipal purposes, a^td in cases where, in the judgment of the legislature, the objects of the corporation can not be attained under general laws. All general laws and special acts passed pursuant to this section may be altered from time to time or repealed. Three or more persons may become a stock cor- poration for any lawful business purpose or purposes other than a moneyed corporation, or a corporation provided for by the banking, the insurance, the rail- road and the transportation corporation laws, or an educational institution or corporation which may be incorporated as provided in the education law, by making, signing, acknowledging and filing a certif- icate in required form. (12: 1909) A membership corporation may be created under this article for any lawful purpose, except a purpose for which a corporation may be created under any other article of this chapter, or any other general law than this chapter. (40:1909) The statutory revision commission called special attention before the enactment of this law to the fact that it would not allow incorporation, except by the regents, of any library, museum, or other institution or association for the promotion of science, literature, art, history, or other department of knowledge. All such corporations must hereafter be created only under the following section of the education law and by act of the regents. (1087, 1099) The regents may, by an instrument under their seal and recorded in their office, incorporate any uni- versity, college, academy, library, museum, or other 420 Regents of the University [Part VII institution or association for the promotion of science, literature, art, history, or other department of knowl- edge, under such name, with such number of trus- tees or other managers, and with such powers, priv- ileges and duties, and subject to such limitations and restrictions in all respects as the regents may pre- scribe in conformity to law. (1097) On evidence satisfactory to the regents that the conditions for an absolute charter will be met within a prescribed time, they may grant a provisional charter which shall be replaced by an absolute charter when the conditions have been fully met; otherwise, after the specified time, on notice from the regents to this effect, the provisional charter shall terminate and become void and shall be surrendered to the regents. No such provisional charter shall give power to confer degrees. (1098) No institution may be given power to confer de- grees in this state unless it shall have resources of at least $500,000; and no institution for higher educa- tion may be incorporated without suitable provision, approved by the regents, for buildings, furniture, educational equipment, and proper maintenance. (1099) No institution may institute or have any faculty or de- partment of higher education in any place or be given power to confer any degree not specifically authorized by its char- ter; and no institution of higher education may be incor- porated under the provisions of any general act authorizing the formation of a corporation without grant of a special charter on individual application, and no corporation may, under authority of any general act, extend its business to in- clude establishing or carrying on any such institution. ( 1099) The regents may, at any time, for sufficient cause by an instrument under their seal and recorded in state] Dissolution of Corporations 421 their office, change the name, or alter, suspend or re- voke the charter or incorporation of any institution which they might incorporate, if subject to their vis- itation or chartered or incorporated by the regents or under a general law. (1100) But unless on unanimous request of the trustees of the institution, no name may be changed and no charter be al- tered, nor any rights or privileges thereunder be suspended or repealed by the regents, till they have mailed to the usual address of every trustee of the institution concerned at least 30 days' notice of a hearing when any objections to the pro- posed change will be considered, and till ordered by vote at a meeting of the regents for which the notices have specified that action is to be taken on the proposed change. (1100) Under like restrictions the regents may dissolve any such educational corporation, whether with or without a capital stock, and whether incorporated by the regents or under a general or by a special law, and make such disposition of the property of such corporation remaining after payment of its debts and liabilities as the regents shall deem just and equit- able and best promoting public interests. (1101) The regents may also, after a similar hearing, issue to any such educational corporation a new charter which shall take the place in all respects of that under which it has been oper- ating. In the case of any corporation whose dissolution is contemplated or has been decreed by the regents, upon their application and nomination the court shall, and upon the ap- plication of the trustees of such corporation with notice to the regents, the court, in its discretion, may appoint a re- ceiver of the property and liquidate the business affairs of the corporation under the provisions, so far as applicable, of articles 5, 6, 7 and 12 of the general corporations law; and all property of the corporation, or proceeds thereof, that shall remain after the payment, under such liquidation, of its 422 Regents of theUniversity [Part VII debts and liabilities, must be paid and transferred to the regents and be subject to their disposition the same as if they had directly conducted such liquidation. (1101; 28:1909) The trustees of any academy incorporated under the laws of this state and having a capital stock, may, and upon the written application of any person own- ing or lawfully holding one-third of the said capital stock, must call a general meeting of the stock- holders of the said academy, for the purpose of de- termining whether or not such incorporated academy shall surrender its charter and be dissolved and its property distributed among the stockholders there- of. (1102) The notice for such general meeting must state the object thereof, and be subscribed by the chainnan or other acting presiding officer and the secretary or acting secretary of the said corporation or board of trustees; it must be published once a week for 3 successive weeks prior to such meeting in a daily or weekly newspaper pviblished in the place where the said academy is located ; or if there be no such paper, then in a daily or weekly paper published within the county, if there be one, or, if not, in an adjoining county so that in which such academy is located. (1102) Whenever, at a meeting of the stockholders thus called, any person or persons holding or qualified to vote upon a majority of the capital stock of such incorporated academy shall vote to surrender the charter thereof and to dissolve the corporation, the trustees of such academy, or a majority of them, must make and sign a certificate of such action, cause the same to be properly attested by the officers of the cor- poration and file the same, together with a copy of the pub- lished notice for the meeting at which such action was taken, and due proof of the publication thereof, in the office of the board of regents of the university of the state of New York, and thereupon, if the said proceedings have been regularly state] Charters Surrendered 423 conducted as above prescribed, the charter of said corpor- ation is deemed to be surrendered and the said corporation dissolved. (1102) Upon the dissolution of such incorporated academy, as herein provided, the trustees thereof forthwith become trustees of the creditors and stockholders of the corporation dissolved. They have full power to settle the affairs of the said corporation; to collect and pay the outstanding debts; to sue for and recover debts and property thereof by the name of the trustees of such corporation; to sell and dispose of the property thereof, at public or private sale, and to divide among the stockholders the moneys or other property that shall remain after the payment of debts and necessary ex- penses. (1102) The said trustees may, after the dissolution of the said corporation, insert in a newspaper published in the place where the said academy is located, or if there be none such then in a newspaper published within the county, if there be one, or, if not, in an adjoining county, a notice once in each week for 3 successive months, requiring all persons having claims against the said corporation dissolved to present the same with proof thereof to the said trustees, at the place designated in such notice, on or before a day therein named which shall be not less than 3 months from the first publication thereof. In case any action shall be brought upon any such claim which shall not have been presented to the said trustees within 3 months from the first publication of such notice, the said trustees are not chargeable for any assets, moneys or proceeds of the said corporation dissolved, which they may have paid in satisfaction of other claims against the said cor- poration, or in making distribution of the stockholders thereof, before the commencement of such action. (1102) Upon the distribution by the said trustees of assets or prop- erty, or the proceeds thereof, of the dissolved corporation among its stockholders the said trustees may require the cer- tificates of ownership of capital stock, if such have been issued, standing in the name of any stockholder claiming a distributive share, or under whom such share is claimed, to 424 Regents of the Univeristy [Part VII be surrendered for cancellation by such stockholder or person claiming the said share; in the event of the non-production of any such certificate, the said trustees may require satis- factory proof of the loss thereof, or of any other cause for such non-production, together with such security as they may prescribe, before payment of the distributive share to which the person claiming upon such share of stock may appear to be entitled. (1102) In case the said trustees upon such distribution by them of assets or property, or the proceeds thereof, of the dissolved corporation among its stockholders, are unable to find any of the said stockholders or the persons lawfully owning or entitled to any portion of the said capital stock, they must give notice in the manner hereinbefore provided for calling the general meeting of stockholders, of such distribution, to the persons in whose names such stock shall stand upon the books of the said corporation, requiring them to appear at a time and place designated, to receive the portion of such assets or property to which they may be entitled; in case of the failure of any such persons to so appear, it is lawful for the said trustees to pay over and deliver to the county treas- urer of the county wherein such academy was located, or to any trust company or other corporation located within such county and authorized to receive moneys on deposit under order or judgment of a court of record, the proportion of the assets, property or proceedings aforesaid which such non-appearing stock bears to the whole stock; the said trus- tees must also deliver therewith a list of the persons entitled to receive the same, together with the separate amounts to which they shall be severally entitled. ( 1 102) Upon the payment and discharge of the debts and obli- gations of the corporation dissolved, as hereinbefore pro- vided, and the distribution of its assets, property and pro- ceeds among the stockholders thereof, and due provision made, as hereinabove prescribed, for the interests of non- appearing stockholders and such as can not be found, the said trustees become relieved and discharged from further duty, State] Colleges and Universities 425 liability and responsibility by reason of their relation to the said corporation, or towards the stockholders thereof, ( 1 102) Any county treasurer, trust company or other corporation to whom assets, property or proceeds are delivered as herein- provided, must hold the same in trust for the persons des- ignated and entitled to receive it ; and upon receiving satis- factory proof of the right and title thereto, or upon the order of any court of record competent to adjudicate thereupon, shall pay over and deliver to any persons entitled to receive the same the portion of such proceeds, property or assets to which they shall be entitled. (1102) If any institution in the university shall discon- tinue its educational operations without cause sat- isfactory to the regents, it shall surrender its charter to them, subject, however, to restoration whenever arrangements satisfactory to the regents are made for resuming its work. (1103) No individual, association or corporation not hold- ing university or college degree-conferring powers by special charter from the legislature of this state or from the regents, shall confer any degrees, or transact business under or in any way assume the name uni- versity or college, till it shall have received from the regents, under their seal, written permission to use such name, and no such permission shall be granted by the regents, except on favorable report after per- sonal inspection of the institution by an officer of the university. (1104) No person may buy, sell or fraudulently or illegally make or alter, give, issue or obtain any diploma, certificate or other instrument purporting to confer any literary, scientific, professional or other degree or to constitute any license, or to certify to the com- 426 Regents of the University [Part VII pletion in whole or in part of any course of study in any university, college, academy or other educational institution. (1104) No diploma or degree may be conferred in this state except by a regularly organized institution of learning registered by the regents as not violating any requirement of law or of the university ordinances, nor shall any person with intent to deceive, falsely represent himself to have received any such degree or credential, nor shall any person append to his name any letters in the same form registered by the re- gents as entitled to the protection accorded to uni- versity degrees, unless he has received from a duly authorized institution the degree for which the let- ters are registered. (1104) Counterfeiting or falsely or without authority mak- ing or altering in a material respect any such creden- tial issued under seal is a felony, and personating an- other by attempting to take an examination in his name or procuring any person thus falsely to person- ate another, or otherwise attempting to secure the rec- ord of having passed such examination in violation of the university ordinances, or any other violation of this section is a misdemeanor; and any person who aids or abets another, or advertises or olTers himself to violate the provisions of this section, is liable to the same penalties. (1104) The trustees of every corporation created for ed- ucational purposes and subject to visitation by the regents, unless otherwise provided by law or by its charter, may: state] Powers of Trustees 427 1. Fix the number of trustees, which may not ex- ceed 25 or be less than 5. (1105) If any institution has more than 5 trustees, the body that elects by a f vote after notice of the proposed action in the call for a meeting, may reduce the number to not less than 5 by abolishing the office of any trustee which is vacant and filing in the regents' office a certified copy of the action. A majority of the whole number shall be a quorum. (1105) 2. Elect an executive committee of not less than 7, who, in intervals between meetings of the trustees, may transact such business of the corporation as the trustees may authorize, except to grant degrees or to make removals from office. (1105) 3. Meet on their own adjournment or when required by their by-laws, and as often as they shall be sum- moned by their chairman, or in his absence by the senior trustee, on written request of three trustees. Seniority shall be according to the order in which the trus- tees are named in the charter or subsequently elected. No- tice of the time and place of every meeting shall be made not less than 5 nor more than 10 days before the meeting to the usual address of every trustee. (1105) 4. Fill any vacancy occurring in the office of any trustee by electing another for the unexpired term. (1105) The office of any trustee shall become vacant on his death, resignation, refusal to act, removal from office, expiration of his term, or any other cause specified in the charter. If any trustee shall fail to attend 3 consecutive meetings with- out written excuse accepted as satisfactory by the trustees not later than the 3d consecutive meeting from which he has been absent, he shall be deemed to have resigned, and the vacancy shall be filled. Any vacancy in the office of trustee continuing for more than 1 year, or any vacancy reducing the 428 Regents of the University [Part VII number of trustees to less than § of the full number may be filled by the regents. No person is ineligible as a trustee by reason of sex. (1105) 5. Take and hold by gift, grant, devise or bequest in their own right or in trust for any purpose comprised in the objects of the corporation, such additional real and personal property beyond such as shall be author- ized by their charter or by special or general statute, as the regents shall authorize within one year after the delivery of the instrument or probate of the will, giving, granting, devising or bequeathing such prop- erty, and such authority given by the regents shall make any such gift, grant, devise or bequest oper- ative and valid in law. (1105) Any grant, devise or bequest made for the benefit of any institution in or registered by the university is equally valid whether made in the corporate name or to the trustees of the corporation and the powers given to the trustees by thi? section are construed to be the powers of the corporation ex- ercised through its trustees. (1105) 6. Buy, sell, mortgage, let and otherwise use and dispose of its property as they shall deem for the best interests of the institution. (1105 ) They may also receive as a gift, or on loan or deposit, lit- erary, scientific or other articles, collections, or property per- taining to their work ; and such gifts, loans or deposit may be made to or with the university or any of its institutions by any person, or by legal vote of any board of trustees, corpor- ation, association or school district, and any such transfer of property, if approved by the regents, during its contin- uance, transfers responsibility therefor to the institution re- ceiving it, which is also entitled to receive any money, books or other property from the state or other sources to which said corporation, association or district would have been en- titled but for such transfer. (1105) State] Powers of Trustees 429 7. Appoint and fix the salaries of such officers and employees as they shall deem necessary. (1105) Unless employed under special contract, these shall hold their offices during the pleasure of the trustees; but no trustee may receive compensation as such. (1105) ^ 8. Remove or suspend from office by vote of a major- ity of the entire board any trustee, officer or employee engaged under special contract, on examination and due proof of the truth of a written complaint by any trustee, of misconduct, incapacity or neglect of duty. (1105) One week's previous notice of the proposed action must be given to the accused and to each trustee. (1105) 9. Grant such degrees and honors as are specifically authorized by their charter, and in testimony thereof give suitable certificates and diplomas under their seal. (1105) Every certificate and diploma so granted entitles the conferee to all privileges and immunities which by usage or statute are allowed for similar diplomas of corresponding grade granted by any institution of learning. (1105) 10. Make all by-laws, ordinances and rules necessary and proper for the purposes of the institution and not inconsistent with law or any ordinance or rule of the university. (1105) No ordinance or rule by which more than a majority vote shall be required for any specified action by the trustees may be amended, suspended or repealed by a smaller vote than that required for action thereunder. (1105) Every incorporated college in this state is duly 430 Regents of the University [Part VII authorized and empowered to construct and maintain a system of water-works for the purpose of supplying its college buildings and premises with pure and wholesome water for domestic, sanitary and fire pur- poses, and for the preservation of the health of its students, faculty and employees, and for the preser- vation of the public health of the town, village or city in or near which such college is located, and the construction and maintenance of such water-works is declared to be a public use. Such water-works, as often as necessary, may be enlarged or improved. (1106) If any such college shall be unable to agree upon such terms of purchase of property, right or ease- ments, necessary for this purpose before or after plans shall be determined upon, it may, after such plans have been adopted, acquire the same by con- demnation, according to the provisions of the con- demnation law. (1106) When any such college has constructed and com- pleted waterworks, as above provided, it may, by a majority of its trustees, determine upon and con- struct a sewer system ; and may connect the same with the sewer system of the village or city in or near which said college is situated, if such connection is practic- able. (1106) Examination, surveys and a map may be made as above provided. Lands and easements may be acquired by pur- chase, as above provided, and in case such acquisition can not be made by purchase then they may be acquired by condem- nation, according to the provisions of the condemnation law. (1106) state] Bequests 431 No gift, grant, or bequest to religious, educational, charitable, or benevolent uses, which is in other re- spects valid under the laws of this state, is deemed invalid by reason of the indefiniteness or uncertainty of the persons designated as the beneficiaries there- under in the instrument creating the same. (45: 1909) If in the instrument creating such a gift, grant, or bequest there is a trustee named to execute the same, the legal title to the property given, granted, or bequeathed for such ur- poses shall vest in such trustee. If no person be named as trustee then the title to such property shall vest in the su- preme court. (45: 1909; 52: 1909) Whenever it appears to the court that circumstances have so changed since the execution of an instrument containing a gift, grant or bequest to religious, educational, charitable or benevolent uses as to render impracticable or impossible a literal compliance with the terms of such instrument, the court may, upon the application of the trustee or of the person or corporation having the custody of the property, and upon such notice as the court shall direct, make an order directing that such gift, grant or bequest be administered or expended in such manner as in the judgment of the court will most ef- fectually accomplish the general purpose of the instrument, without regard to and free from any specific restriction, lim- itation or direction contained therein; provided, however, that no such order shall be made without the consent of the donor or grantor of the property, if he be living. (45: 1909; 52; 1909) Personal property may be granted, bequeathed, and conveyed to any incorporated college or other literary incorporated institution in this state, to be held in trust for any one or more of the following purposes: 1. To establish and maintain an observatory; 432 Regents of the University [Part VII 2. To found and maintain professorships and scholarships; 3. To provide and keep in repair a place for the burial of the dead; or 4. For any other specific purposes comprehended in the general objects authorized by their respective charters. (45:1909) The said trusts may be created, subject to such conditions and visitations as may be prescribed by the grantor or donor, and agread to by said trustees, and all property which here- after is granted to any incorporated college or other literary incorporated institution in trust for any of the aforesaid pur- poses, may be held by such college or institution upon such trusts, and subject to such conditions and visitations as may be prescribed and agreed to as aforesaid. (45: 1909; 52: 1909) Personal estate may be granted, bequeathed, and conveyed to the corporation of any city or village of this state, to be held in trust for any purpose of education, or the diffusion of knowledge, or for the relief of distress, or for parks, gar- dens, or other ornamental grounds, or grounds for the pur- poses of military parades and exercise, or health and recre- ation within or near such incorporated city or village, upon such conditions as may be prescribed by the grantor or donor, and agreed to by such corporation. (45: 1909; 52: 1909) Personal estate may be granted, or bequeathed to com- missioners of common schools of any town, and to trustees of any school district, in trust for the benefit of the common schools of such town, or for the benefit of the schools of such district. (45: 1909; 52: 1909) See pages 274-5. Any person desiring in his lifetime to promote the public welfare by founding, endowing, and having maintained a public library, museum or other educa- tional institution, or a. chapel and crematory, within this state, may to that end and for such purposes by grant, in writing, convey to a trustee, or any number of trustees, named in such grant, and to their sue- state] Bequests 433 cessors, any personal property belonging to such per- son. (45: 1909; 52: 1909) No person having a husband, wife, child or parent, may, by his or her last will and testament, devise or bequeath to any benevolent, charitable, literary, scientific, religious or missionary society, association or corporation, in trust or otherwise, more than one half part of his or her estate, after the payment of his or her debts and such devise or bequest is valid to the extent of one half, and no more. (18: 1909) The widow's dower and the debts are to be first deducted. A testator can not give to two or more corporations in the aggregate more than he can give to a single obiect; viz., one- half of his estate. (43 N Y 425, 2 Ap Div 25; 43 N Y 425; 95 N Y 166) No person leaving a wife, or child, or parent, may devise or bequeath to any institution or corporation formed under chapter 319 of the laws of 1848 more than one-half of his or her estate, after the payment of his or her debts, and such devise or bequest shall be valid, to the extent of such one-half, and no such devise or bequest is valid, in any will which shall not have been made and executed at least two months before the death of the testator. (18: 1909) (33 Ap Div 49, 77 Hun 298, 22 Misc 198, 59 N Y 449, 79 N Y 327, 95 N Y 166) The income arising from any personal property granted or conveyed, or bequeathed, in trust to any incorporated college or other incorporated literary institution, or for the purpose of providing for the main- tenance of any teacher in a grammar school or in- 434 Regents of the University [Part VII stitute, may be permitted to accumulate until the same shall amount to a sum sufficient, in the opinion of the regents of the university, to carry into effect any of the charitable uses and trusts mentioned. (45: 1909) If any of the principal of any trust fund actually received by any incorporated college, or other incor- porated literary institution, or by the corporation of any city or village, or by the commissioners of com- mon schools of any town, or by the trustees of any school district, under any grant, conveyance, or be- quest for any of the purposes for which trusts are authorized, shall subsequently become diminished from any cause, such diminution may be made up by the accumulation of the interest or income of the prin- cipal of such trust fund, in accordance with the direc- tions, if any, contained in the grant, conveyance, or bequest of such trust fund. (45:1909; 52: 1909) If no directions for that purpose are contained in such grant, conveyance, or bequest, then such diminution may be made up in whole or in part by such accumulation, in the discretion of the trustees of such trust fund; but in no case shall such accumulation be allowed to increase the trust fund beyond the true amount or value thereof, actually received by the trustees, to be estimated after the deduction of all liens and incumbrances on such trust fund, and of all expenses incurred or paid by the trustees in the collection or obtaining the possession of the same. (45:1909; 52: 1909) Property devised or bequeathed to any person who is a bishop or to any religious, educational, charitable, missionary, benevolent, hospital or infirmary cor- poration, including corporations organized exclusively State] Bequests 435 for bible or tract purposes, is exempted from the transfer tax. (62: 1909) Personal property other than money or securities be- queathed to a corporation or association organized ex- clusively for the moral or mental improvement ot men and women or for scientific, literary, library, patriotic, cemetery or historical purposes or for the enforcement of laws relating to children or animals or for two or more of such purposes and used exclusively for carrying out one or more of such pur- poses is also exempt. (62: 1909) Whenever any person gives to the state of New York any obUgations of any other state, the governor is hereby authorized in his discretion, to receive and accept the same for the benefit of the state and the right and title thereto and therein passes to and vests in this state and the same and all the proceeds thereof when collected are held by the comptroller in a special account or fund subject to be appropriated by the legislature only for the support of common schools or for the promotion of some educational interest in the state. (58: 1909) NDBX INDEX The numbers in parenthesis refer to pages in the new school law of 1909, cloth-bound copies of which were placed in every district of the state. The complete index of that volume is inserted here, so that this index serves for that book as well as this. abandonment of children 195 abolition of libraries (198) 33 absence from school 172 — 84, 186 academic departments (5) 333 — 7 academies changed to (68) 333 apportionment (66, 108 — 9) 335 —7 boards of education, powers (68) 333 establishment (64) 333 examinations (218) 334 qualifications of pupils (69) 334 quota (108) 335 subject to regents (69) 334 academies apportionment to (108) 7, 337 changed to academic departments (68) 333 contract with 334 defined (5) 8 dissolution (222—6) 422—5 incorporation (221) 419 lease of 333 retransfer (68—9) 334. 422—5 trustees (67—8) 426—9 actions against school officers (118 — 9) 36 county judge to compel tax for costs (118) 285 expenses in defending, tax for (27) 284—6 for recovery of taxes (101) 66 supervisors sue for money due (13) 374 teachers' wages unpaid (27 — 8) 117 trustees, against predecessor (54) 286 (439) actions, continued code of civil procedure (302:1897) q (282—3) 286 advisory board 33 affidavits commissioner may take (88) 406 school commissioner may take (81—2) 390 agriculture 297, 396 Alfred university 401 Cornell college of 400 Morrisville school of 401 St. Lawrence university 400 state schools of (240—7) 400 Albany normal college 404 alcoholic drinks, see physiology and hygiene Alfred university, state school of agriculture (243 — 5) 401 annual meetings, see school meetings annulment of certificates 89 — 95, 387, 406 apparatus apportionment for (108) 335 boards of education to purchase (63 — i) 330, 338 district to vote tax for (26) 27 expenditures for (51) 331, 3.38 loaned for extension work (218) 411 purchase of (34) 278 repairs (51) 331 appeals preferable to courts 234 altering school districts (9) 10 annulling certificates 95 expenses of officers, tax for (27) 36 from school commissioners (84) 382 440 School Law [appeals appeals, continued school commissioner to report tes- timony to commissioner of education (81) 391 to commissioner of education (71 , 89—90) 141—5. 234, 382 See also decisions appellate division libraries (201 — 3) h 417 appointment of heads of departments and subordinates (86) 394 apologies 254, 257—9 apportionment, tee academic depart- ment, public library money. school librariew, school moneys arbor day (156—7) 205 — 6 archives in state library (190 — 1) 415 art associations, incorporation (221) 419 assessment, see taxes rolls. 11 assigning pupils 329 associations, incorporation (221) 419 attendance compulsory (121—30) 185—98 of Indians (168—73) 185 record of (125—6. 134) 189 officers (126—7) 192—3. 348, 371 Indian schools, (171) 185 attire of pupils 169 authority, extent of 157 — 64, 254 ballot boxes provided by boards of education (58) 320 by trustees (39) 41 ballots for pensions 369 in common districts (39) 41 in villages 350 >^'^, banking law (305—6) 61—2. 280 bankruptcy 91, 131 banks 'i^ fr"** £a savings, in schools (305 — 6; 280 taxation of (271—6) 61—2 Batavia institution 250 — 1 beer, sale of 197 begging forbidden 195 beuuests 430 — 5 authorized (312—7) 430—5 bebuesis, continued of personal property exempt (320 —1) 434 to corporations (311—21) 431 transfer tax, exemptions (320 — 1"> 334—5 see also gifts; trusts Best, Lyman O. 140—1 Bible in school 214—20 birds nests and eggs, permit to make collection (322—3) 414 blackboards, tax for (26) 27 blind, instruction of (173—9) 250—1 board oi education (55—72) 324 — 48 academy, may adopt (68) 326 333—7 apparatus 331 appointment of oflficers i(44 — 5) 324, 325, 342—3, 348 assigning pupils 329 bonds, issue of (103) 277 borrowing money 340 clerk 342, 348 colored children 329 committees 326 condemnation for site (34) 331 contingent expenses 345 contracts, not to be interested in (69—70) 347 with academies 334 with trustees in other districts (140) 338 corporate bodies (56) 324 control of district 333 course of study 327, 328, 330 drawing required 327 election (15, 56—60) 324 disputes concerning (59) 320 in new districts (59—60) 319— 21, 324 inspectors (58) 321 notice of (58) 315 — 6 record of votes (58) 321 special (59) 319, 320 expenditures limitation (66) 346 fire drills, duties relating to (156) 343 bonded] Index 441 board of education, continued fire escapes, construction (31) 26 furniture 331 gifts 333 industrial drawing (161) 327 — schools (162—5) 328—9. 344 inelegibility (37) 51 laws applying to (72) leasing academies 333 librarians 338 library property, transfer (199) meetings (66) 326 annual (60) 325 special 325, 347 non-resident pupils 338 tuition 336 number of members (60 — 2) 324, 325 officers 324, 325. 342—3 powers and duties (62 — 5) 326 — 48 president (56) 324 property, title to 332 records (69) 346 removals from office (62, 65) 325. 339 repairs 331 reports (69, 88—9) 336. 347 of pupils from other districts (141) rules and by-laws 326. 327 school houses, construction 330 use of for certain purposes (31) 219 outbuildings, pro vision for (32 — 33) 339 sites, designation without vote (33) 331 purchase of 330 sale of 332 — libraries, librarian (198) 338 — meetings, duties relating to (16, 17, 18.) 314—23 — special, may call (23) 347 — moneys, custody and payment of (66—7) 336—8, 345 — 6 board of education, continued estimate of expenditures(70) 344 stimulants and narcotics 330 superintendent of schools (65 — 6) 340 supervision by commissioner (88) 347 taxes for bonded indebtedness (10) 277 certified to corporate authori- ties (71) 351 may levy without vote (70) 34S teachers, contract with (137) 338 relationship to (137) 338 — institutes, reports on (144) 110, 267—8 — training schools (147) 341 term of office (56. 57. 60, 61, 62) 324—5 text-books, to designate (138 — 9) 330 to furnish (139) 330 titles to lands vested in (35) 332, 359 trustees, powers of (67 — 8) 326 of union school district, electioa (15) 324 vacancies in office (40) 325 how filled (64) 339 village 349—56 visitation of schools (66) 326, 347 vocal music (162) 328 waterclosets, to provide (65) 339 See also school trustees; union free school districts board of supervisors, see supervisors boarding place 117 bond collector's (26. 43^. 45, 98) 4.'j recovery of money on (46) 47 supervisor's for school moneys (77) 372 treasurer's (26, 43. 45) 48 trustees (115) 275 bonded indebtedness apportionment of (11) 350 442 School Law [bonded bonded indebtedness, continued charge npon enlarged district (10) 323 districts having, not to be divided (9) 10, 11 bonds (103—4,) 277 sale, notice of (103 — 4) 277 payment of proceeds (42) 48 sale of site, security for (34) 23 books bought, approval for (197) 29, 33 forfeiture of grants (196) 33 subject to return to state (198) 33 loans for extension wotk (218) 32 of delinquent libraries (199—200) 31 penalties for detention(195- — 6) 31 regents may buy for libraries (197) 32 standard for local subsidies (193) 29 — and apparatus, apportionment for (108, 109) 335 power of trustees 278 botanist, state, member of museum staff (219) 412 boundaries of districts 385 branch institutions, establishment restricted (221) 420 — libraries (192) 417 — schools 279 buildings, see schoolhouses bulletins issued by regents (220) 418 business law, (12:1909)q (307—8) 419 — schools, use of name college (226) 425 by-laws, regents may make (218) 411 census 193, 405 board in cities 359 Indian inhabitants (172) 193 school (185—8) 193, 279 expenses, how paid (107) 193 certificates, protection against fraud (226) 420. See also college grad- ceriificates, continued uates' certificate; normal schools; teachers certificates. chancellor of university (217) 410 duties (217) 410 meetings, to call (217) 410 charters, corporations business corporations law (12: 1909)q (307) 419 constitutional provisions (307) 419 membership corporations law (40:1909)q (308) 419 — of university institutions (221) 419—22 alteration or repeal (221 — 2) 420—1 conditions of granting (221) 420 library (195) 30 property requirements (221) 420 provisional (222) 421 rechartering (222) 421 restrictions, degree-conferring power (22G) 420 surrender (226) 422 suspension (220) 425 charts 278 Cheney, Francis J. 225 children, unlawful employment (124, 125, 287—301) 189—98, 354—6 See also pupils; school age. cigarettes 197 — 8 cigars 196 — S circulation, subsidies granted on (193—4) 29 cities 357—68 apportionment to (105, 107, 108 —9) 266, 270 census board 359 — 64 deposit of moneys in (66 — 7) 351 —2 industrial schools 358 libraries (192) 27—35 property in trust (113) 432 requirements for grade schools 357 school commissioner district, shall not form part of (79) 381 commissioner] Index 443 cities, continued school district for apportionment (112) 359 taxes, corporate authorities to levy (71) 359 teachers' training schools or classes (147) 353 treasurer or chamberlain, certi- ficate of apportionment of school moneys to (110) 270 civil procedure (302:1897)q (282—3 83) 60, 286 Clark. John H. 238 cleanliness of pupils 169 clerk, see district clerk closing school 112, 135 collection of taxes, see taxes collector bond (26, 43—4, 45, 98) 45, 46 recovery of money on (46) 47 county treasurer, payment to (42, 45) 47 payment of tax to collector (100—1) 63—70 custody of moneys (45) 45. 46 transfer to treasurer 48 disbursements of moneys (74) 46 election in common school dis- tricts (25) 41 in union districts 343 fees (99) 47 jurisdiction (98) 64 liability of, for money lost (46) 46 railroad companies, assessment (99—100) 63 reports of receipts and disburse- ments (45—6) 46, 47 taxes, notice of (98 — 9) 65 unpaid, return of (101) 67 — 8 warrant for collection of (97 — S) 63—6 teachers' fund, to disburse (44) 46 pensions, payment (136) 370 trustees may not hold office of (37) 52 not to draw on unless record is verified (134) 121 collector, continued union free school districts (45) 348 vacancy in office (40) 45 how filled (40) 281 college graduates certificate (132) 307—10 colleges (6) 425—30 defined (5) 8, 425 degree-conferring power (221) 420. 426 incorporation (221) 418 — 25 conditions of (221) 420 name, use of (226) 425 trusts, may hold (313,316) 428 water-works and sewer systems (229—31) 429—30 Colonial history, extra copies (191) 416 colored children, schools for (185) 329 commissioner of education (5, 84 — 9) 8, 174, 394 — 408 academy, approval of adoption (68) 333—4 accepts resignation 42 affidavits 406 annulling certificates 406 appeals or petitions to (71, 89 — 90) 407—8 appointment (85) 394, 407 — 8 apportionment 266 — 70 approves amended tax list 65 contract with district 38 gifts for library 29 schoolhouse plans 25 arbor day exercises (156 — 7) 205—6 boards of education, election dis- putes (59) 320—1 may order special election to fill vacancy (59, 65) 339 removal from office (62) 325 under his supervision 347 buildings, approved by (29 — 30) 406 regulations for ventilation 30 444 School Law [commissioner commissioner of education, cont'd compulsory education law (130) 192 condemnation of schoolhouses 24 contingent expenses (70) 345 deaf and blind institutions (173 — 4, 175) 247—51 decides as to eligibility 52 departments 394 designates what must be reported 43 district boundaries 10 fines, apportionment of (116) 271 forms, preparation of (88) 406 grants certificates 82 Indian children, duties regarding (167) 404 indorses certificates 86 industrial and trade schools (164) 404 normal schools, powers and duties (148, 149. 150) 402—4 oaths, power to administer (88) 406 office continued (85) 393 — in capitol (85) 393 orders special meetings 16 patriotic exercises, provisions for (154—5) 279 penalty for falsely claiming to re- present (117) 278 physiology law, duties relating to (160) 205 pictorial reproduction (160 — 1) 352 powers and duties (85 — 6) 394 property in trust (113) 274 regulations, power to make 394 removes school officers 52, 72 report to legislature (87) 405 reports of librarians 34 rules for libraries 34 salary (85) 394 school commissioner to report^tes- timony (81) 390 may fill vacancy (80) 384 — withhold salaiy (81) 385 commissioner of education, cont'd subjection to and report to (83 —4) 382 — districts, appeal from action altering (9) 10 minutes of meeting to organize union school to be filed with (16) 318 proceedings of meetings, to be notified of (18) 323 — libraries, rules (198) 34 — library moneys, may withhold (200) 35 — meetings, special may call (22) 16 of two or more districts, may order (15) 317 to form union school 315, 317, 318 — moneys, apportionment (105 — 10) 144, 266—70 apportionment withheld (158 — 9) 205 compulsory law 192 certificate of apportionment (110) withholding (88) 406 — neighborhoods (18—9) 12 — 4, 49—50 — officers, removal (88) 52 — trustees' reports (141) 281—2 seal (86—7) 395 secretary of regents 394 state normal college, control of (153—4) 404 suits or proceedings, to enforce decisions oi (118, 119) 285 supervision of union schools (88 — 9) 347 tax-list, approval of amendment of (98) 65 teachers, dismissal (138) 124 to keep register of (87—8) 406 — certificates, may grant and re- voke (132—3) 82—99. 287— 312 power to annul (87) 89 — 9 coterminous] Index 445 commissioner of education, cont'd may revoke for refusal to teach physiology and hygiene (158) 203 — institutes, duties relating to (141—2, 145) 388—0 instruction in vocal music (162) 328 — training schools and classes, apportionment for (112 — 3) 342 duties relating to (145, 146) 341—2 term of office (85) 393 traveling expenses, allowance (85) 393 trustee of Cornell 395 trusts, control and supervision (114) 273—5 report of to (114) 274 union school district, may author- ize meeting to organize (14) 315, 317, 318 university seal 395 vacancy in office, how filled (85) 393 village districts, population of (65) 340—1 visitation of common schools by (87) 405 visitors of schools, local, may appoint (87) 405 withholds library money 35 public money 72, 406 commissioner, school, see school commissioner common school districts, see schoo I districts — school fund 7, 264 — schools constitutilnal provisions (264) 7 free to resident pupils (138) 172, 173, 242—62, 338 nonresident pupils (138) 115, 338 See also school districts', school meetings composition 208 j comptroller, school moneys gives warrants 33, 226, .392 repays county treasurers 69 withholds payment (112) 273 compulsory education (121 — 30) 185—98, 239, 361 of Indians (168—73) 185 concurrent authority 157 — 64 condemnation of land college water works 430 schoolhouse sites (34 — 5) 23 — 4 constables at Cornell 395 constitutional provisions relating to education (264—9) 7, 172 contingent expenses (70) 345 fund established (105) 266 contracts between school districts (140 — 1) 268—9 boards of education not to be in- terested in (69—70) 347 for building schoolhouses (32) 71 for library privileges (193) 29 officials not to be interested in (286) 71 teachers (137) 93—147 Coolidge. Judge q 37 conveyance of pupils (28) 38, 186 Cornell univeisity (231-42) 395-400 corporal punishment 178. 221 corporate authorities to levy taxes (71) 351 corporations 419 — 30 bequests to (311—21) 431—5 dissolution (310 — 1) 421 incorporation by special act for- bidden (.307) 418 management (310) 419, 426—9 property holding (309) 428 receiver (310—1) 424 stock (307. 308—9) 423—4 See also charters " costs in actions by or against school officers (118—9) 284—6 coterminous boundaries 349 446 School Law [counterfeiting counterfeiting credentials (227) 426 counties, grants of property to(113) 273 county clerk 380 school commissioner to file trustee tees' reports with (84) 382 to forward to commissioner of education certificate of elec- tion (79) 380 to give notice of vacancy in office of (80) 380, 384 school moneys, certificate of apportionment to (110) 270 — judge 380 appeal to (119—20), 285 hearing before (120) 285—6 penalty for disobedience to sub- poena (82) 391 school commissioner, may fill vacancy in office of (80)384 supervisor's bond 276 tax for costs in actions, to com- pel districts to levy (118) 285 — law (16:1909)q (304) 381 — treasurer bank stock taxes 62, 375 fees 59 fines, disposition of (116) 271 — 2 railroad companies, assessment (100) 65—6, 380 payment of tax to (100) 65 — 6 school moneys, annual report of (110) 376 apportionment to be certified to (109—10) 270 payment of (110) 270 payment to, statements of (111) 271 supervisor's bond (77 — 8) 372 tax list, transmission to (102) 65 taxes, payment to collector (100 — 1) 66 on state lands 59 unpaid, collection of (102) 68, 407 trustee of unclaimed academy stock (226) 424 course of study 199—220 boards of education to prescribe (62—3) 327—30 compelling pupils to follow 208 — 13 school commissioners, duties con- cerning (83) 385—6 trustees to prescribe in common schools (49) 199—213 court of appeals judges law libraries (201) 417 libraries (200—1) 417 credentials 411—2, 420, 425—6 conferment by regents (218) 411 2 for extension work (218) 411 — 2 fraudulent (226) 425—6 crimes 158, 191, 196, 227, 241 Crooker, Sup't q 78 dainages any person 37 district trustee 286 for expulsion 261 — 2 pupils 260—2 school commissioner 8.5 teacher 39. 85. 138. 143. 145. 147 to school property 167, 225, 253 dance halls 196, 197 Dannemora, assessment (94) 58 deaf mutes, (173—9) 247—51 debts of district 11 of teachers 91, 131 decedent's law (18:1909) q (311— 2) 433 decisions, appeals from (89 — 90) 407 declaiming required 210 definitions (5, 6) 8 degrees 8, 411 at Cornell 396 charter restriction (221) 420 conferring by institutions (226) a franchise 411 power restricted (221) honorary, by regents (218) 411 protection against fraud (226) 426 provisional charter gives no power to confer (221) 420 Easton] Index 447 delinquent and dormant institutions (220) 418 suspension of charter (220) 418 delinquent libraries (196, 198) 31 books (199—200) 31 denominational schools 7 theological seminaries 411 departments of university (219) 412 detention of library or museum prop- erty (195—6) 31 devises, see bequests diplomas 429 conferment by regents (218) 411 conferment restricted (226) 425 — 6 indorsement of (132 — 3) 86 directors 8 dissolution of academies (222—6) 421 of corporations (310 — 1) 421 of educational corporations (222) 421 school districts (8, 9 — 10) 11 union free school district, restrict- ed (16) 322 district attorney, appeal to (119) 285 fines, report and payment (116) 271 —clerk 43 — t duties (41—2) 43—4 in union districts 342, 348 election (25) 41 fines 11, 43, 321 forfeiture of moneys lost (117—8) 269 notice of meeting 15, 17 — to persons elected (39) 42, 43 oath, teachers, taken by (134) 121 poll list kept by (39) 41,44 records of dissolved district (12) 11 school meetings, may designate place of (22) 16 notice of (21) 15 special, may call (22) 16 treasurer's bond, to file (43) 48 district clerk, continued trustees may not hold office of (37) 52 in union free school district (44 — 5) 343 vacancies on office (40 — 1) 281 votes, to record (58) 321 — collector, see collector — libraries, see school libraries — meetings, see school meetings — officers, see school officers — quota (105, 106) 226—7 district entitled to (107, 140) 267 268—9 — treasurer 21, 48 — 9 bond (26, 43, 45) 48 duties (42—3) 48 election (25) 21 in union districts 343 qualifications (37) 48 school moneys, disbursement (74) 48, 371 payment to (110) 48, 371 teachers' institutes, expenses (144 —5) 388—9 term of office (26) 21 trustees, may not hold office of (37) 52 not to draw on unless record is verified (134) 121 union free school district (45) 343 vacancy in office (40) 281 how filled (40) 281 districts, see school districts disturbance of school 155 division of districts 250 Dix, Sup't q 239 Draper, Com'r q 157, 184, 235 drawing, instruction in (161 — 2) 327 duplicate department of state library (191) 416 exchanges (192) 416 loans of books from (197, 219) 41.5—6 Easton, Judge q 229 448 School Law [education education, boards of, see boards of education — fund (265, 302—3) 7, 205 educational institutions penalties for detention (195 — 6) 31 for injuries (195) 30 employers fined 190 — 1 employment certificate 355, 367 — of children, unlawful (124, 125, 287—301) 185—98 in mercantile establishments (292 —9) 187—8, 354—5 in street trades (299—301) 195—8 employment of teachers, see teachers entering building 72, 155 entomologist, state, member of mu- seum staff (219) 412 enumeration, see census equivalent instruction 187 evening school certificates 368 — school for industrial drawing (161—2) 327 examinations academic (218) 334—5, 411 Cornell scholarship 397 — 9 extension work (218) 411 — 2 fraud in (227) 425—6 physiology and hygiene (158) 203 regents, law authorizing (218) 409 use of schoolhouses for (31) 72 See also teachers certificates excuses for absence 178, 185 fxemptions from taxation (265 — 9) 59—61 for building school houses (97) 58 expenditures of school moneys estimates of (70) 344—5 vote on (36) 24—7, 345 to be by ballot (28) 20 expulsion 238, 245 extension courses 8 of business by institutions, re- striction (221) of educational facilities (218 — 9) 411—2 work in agriculture 400 extent of authority (721) factories, employment in (287 — 92) 187—98 false personation in examinations (227) 425—6 fees for admission to examinations (218) 335 collector's (99) 47 libraries, assistance to (197) 32 supervisor and town clerk (13) 10 town clerk (44) 45 felonies any person 283 — 4, 426 guardians 195 parents 195 financial provisions, state finance law (58:1909) (302—3) 265 fines (115—21) 271—2 any person 11, 18, 20, 30, 31, 42. 83, 155—6, 282, 284, 330, 364. 391, 415, 426 apportionment (116 — 7) 271 — 2 compulsory law (124, 5) 190—8 detention of property (196) 31 disposition of (116—7) 271—2 in joint district (117) 272 district clerk 11, 43, 321 — trustee 39, 81 employers 190 — 1 fire drills, neglect of (155) 343 guardians 190—1, 193, 195, 364 Indian children employed (170) 185, 190—8 injuries to property (195) 30 neglect to sue for 272 notice of district meetings not served (24) 18 parent 190—1, 193, 195, 364 payments on (111) 271 pupils 167—8, 198 report and payment (116) 271 supervisor 20, 376 teacher 121, 125, 234, 235, 330, 344 teachers, unqualified, paymentof (134) 80—1 Hoose] Index 449 fines, continued votes, failure to record (58) 321 — for false declaration (25) 20 See also penalties fire drills (155—6) 343 — escapes (30—1) 21 f.ag, display on school grounds (154 —5) 279 forest, fish and game law, extract from (322—3) 59, 394, 414 forfeitures, any officer 269 collector 46 district 192, 203, 389, 406 — trustee 272, 282 normal school 204 school commissioner 272, 385 teacher 121 teachers' institute 204 training class 204 forms, preparation of (88) 406 fraternities 164, 165 fraud in obtaining credentials (226 — 7) 425—6 Fredonia normal school (150 — 1) 401 free public libraries, see public li- braries — scholarships at Cornell 397 — 9 — schools 7. 172, 173, 242—62, 338 fuel, district to furnish (26) 24, 338 funds (265, 302—3) 264—6 See also public money; public library money, school libraries; school moneys furniture, district to furnish (26) 24, 331, 338 garb, religious 79 general business law (25:1909) q (378—9) 411 construction law (27:1909) q (281—2) 267 corporation law (28:1909) q (309 —11) 419 geography required 209 geologist, state (219) 412 gifts 430—5 gifts, continued authorized (312—7) 273—4, 430 —5 boards of education, powers (64) 432 to corporations (311 — 21) 431 libraries (193) 28—9 conditional acceptance of (193) 28—9 See also bequests; trusts Gilmour, Sup't q 108, 162, 182, 206 255—6 and J. H. Hoose 146—7 globes, district to vote tax for (26) 27 power of trustee to buy 278 gospel and school lots (113 — 5) 274 —5 payment of proceeds (77) 275 report of supervisor (114) 274 supervisors' duties (75 — 7) 274 —5. 374—5 — funds, apportionment (114 — 5) 275 grading pupils 207 grammar 209 grants, see bequests; school moneys graphic reproduction, special in- struction by (160—1) 352 guardians 8 felonies 195 fined 190—1, 193, 195, 364 misdemeanors 195 habitual truants 194 Herbesen, Judge q 218 high schools (5) 8 highm- education defined (6) 8 in constitution 7 historical associations, incorporation (221) 419—20 holidays (281—2) 109, 267 exercises 109 religious 176 — 7 schools not to be in session (107) 267 state library 415 Hoose, James H. 146 — 7 450 School Law [hours hours of labor of minor (292 — 3) 366 of school 170—1 idiots, asylum for 401 illness 136 — 7 immorality 91, 140. 252 in loco parentis 261 incapacity of pupils 246 of teacher 132 — 3 income from trust fund, accumula- tion of (317—20) 433 incorporation, see charters indebtedness, see bonded indebted- ness Indian collection (220) 413 —law (31:1909) q (322) 413 — reservation, apportionment to (106) 266 — schools (167—8) 404 Indians compulsory education (168 — 73) 185 in normal schools (152—3) 403—4 indictment 131 indorsement of diplomas (132 — 3) 86 industrial schools (162-5) 228-9, 344 in cities 358 inspection (86) 328 supervision by commissioner of education (86) 404 teachers (86) 328, 329 — drawing, instruction in 327 — training at Cornell 396 in truant schools (130) 194 infectious diseases 245 injuries to property, penal ties (195) 30 insanity law (32:1909) q (321) 417 inspection by boards of education (66) 326 by commissioner (87, 88) 405 by local visitors (87) 405 by school commissioner (82 — 3) 385—6 deaf and blind, institutions for (173 — 4) 247 industrial and trade schools (86) 404—5 inspection, continued libraries (193) 29 required before granting right to name college (226) 425 •-< university institutions (220) 418 inspectors of election (58) 320 common school districts (39) 41 institutes, see teachers institutes institutions in university (220) 418 insubordination, pupil 253 teacher 125, 133, 148 insurance normal schools (151—2) 403 school Hbrary (49, 63) 35, 73 schoolhouses (49, 63) 35, 73 trustees to insure school property (27) 73 janitor work, pupils 166, 167 teachers 115, 166, 167, 276 joint districts, see school districts judge, see county judge judgment for teachers' wages, how satisfied (27—8) 36—7 kindergartens (165 — 6) 172, 205 tempe.ance law 202 labor certificates 187, 354 —law (36:1909) q (287—301) 185— 98, 353 — unions 358 lands, state tax on (269 — 71) 59 lantern slides 342 leasing academies 333 lectures, extension, regents may designate (218—9) 411—2 lejt-handed children 169 legislature, members may borrow from state library (191) 415 Lewis, John G. 226 libel 138 — 41 librarians 338 libraries (188—214, 321) 8, 27,-35 abolition (198) 33 advice 32 apportionment 33 books 33 misdemeanors] Index 451 libraries, continued branch (192) 28 charters (195, 221) 30 commission 197 establishment (192—3) 27—9 free 30 fund 29, 33 gifts to (193) 28 inspection (193) 29 museum collections (194) 412 — 3 neglect (196) 31 penalties, for detention (195—6) 31 for injuries (195) 28, 33 subject to return to state (198) 32,35 reports (192, 195) 30 school 34, 197 state hospitals (321) 417 subsidies (193—4) 28—9 suspension 31 taxes (193, 194) 29 town 417 transfer (196) 31 transfers to state library (191 — 2) 33 traveling (197) 32 trustees (194—5) 29, 32 regents may remove (196) 32 See also public libraries; school libraries; state library library commission (197) — fund (194) 29, 33 — school (197) 34 licenses, protection against fraud (226) 425—6 See also teachers' certificates limit of authority of teacher's power 236 Lincoln's birthday 155, 280 liquors sold by children under 16 197 near schoolhouse (304 — 5) 22 to minors under 18 198 literature fund 264 application of moneys (66) 7, 335—7 loans for extension work (218) 411 — 2 from state library (192 196 — 7, 219) 412, 415—6 from state museum (219) 414 Lyons, Judge q 151 McAdam, Judge q 37 machinery, repairs to (196) 185 — 98 malice of pupils 253, 261 of school commissioner 85, 89 of teachers 224 of trustees 127 — 45, 260—1 mandamus 117—8, 142, 173, 252, 260, 261 Mann, Horace, q 152, 159 manual training schools (164) 329 manuscripts on file, state library (190 — 1) 415 removal from state library (191) 415 transfer to state library (192) 415 maps, district to vote tax for (26) 27 power of trustee to buy 278 transfer to state library (192) 414 married women 79, 124 — 5 Mathew, Judge q 228 Maxwell, Wm. H. 140—1 medical library (190) 415 membership corporation law (40- 1909) q (308) 419 memorial day (155) 280 mercantile establishments, employ- ment in (292—9) 187—98 Miller, George Turner 389 military drill at Cornell 396 excluded from public schools (155) 280 misrepresentation 124 — 5 misdemeanors any person 57, 72, 83, 155 — 6, 163, 193, 278 district trustee 71, 81, 263 guardian 195 parent 195 pupil 198 supervisor 376 teacher 99, 194, 200 452 School Law [moneys moneys, see library fund; public li- brary money; school moneys monitors 267 month, school 108, 116 morning exercises 214—20 Morrison, Sup't q 161 Morrisville, school of agriculture at (245—7) 401 mortgage, security for site (34) 23 municipal corporations may estab- lish libraries (192) 27—8, 417 See also cities museums (192^ 8, 412—4 collections (194) 412 incorporation (221) 419 municipal corporation may estab- lish (321) 417 penalties for detention (195 — 6) 31 for injuries to property (195) 30 reports (195;) 30 See also state museum music 166 names of school officers 43 of institutions, change (221) 421 use of word college (226) Natural history, extra copies (191) 412 nature study 297 negligence actions children 251 trustees 37 neighborhood clerk 13, 44 apportionment 270 school 12 apportionment 270 trustee 49 — 50 New York city law q 267 payment of moneys to (llOj 270, 337 New York state asylum for idiots 401 ^ew York state college of agricul- ture (240—2) 400 normal college (153 — 4) 404 New York, continued school for blind (179—85) 250—1 veterinary college (238 — 40) 399 newsboys, permit and badge (299 — 301) 364—6 newspapers articles by pupils 163 badge 364—6 notices in required 277, 332, 347, 349. 369, 399 when to be sold by children 364 — 5 non-resident owners of real estate 56 pupils 173, 338 apportionment for tuition (108 —9) extra pay for teaching 115 tuition (64, 138) 336 normal schools (147 — 54) 401 — 4 academic department 403 admission requirements (150) 402 cour.se of study (149) 401 diplomas (150) 402. 406 in cities 357 indorsement (132 — 3) 86 drawing required 327 grants and bequests (152) 403 Indian youth in (152—3) 404 industrial drawing, course in (161) 327 insurance (151 — 2) 403 local boards (148) 401 defaulting (150) 402 physiology and hygiene, instruc- tion in (158) 203 duties of principal (159) 204 policemen, special (151) 403 reports 401 supervision by commissioner of education (86) 401 — 4 teachers (149) 402 traveling expenses 404 Norton, Judge, q 161 nuisances 386 oaths, power to administer physician] Index 453 oaths, continued commissioner of education (88) 406 school commissioner (81) 390 observatories, trusts for (31.3, 316) 431 officer of institution, ineligible as regent (217) 410 officers of university (217) 410 See also school oflficers Onondaga nation, wampum keeper (322) 413 ordinances, regents may make (218) 411 orphan schools (166 — 7) 79, 173 outbuildings, see water closets outside stairways 26 paid help from state library (197) 32 paleontologist, state (219) 412 papers, see manuscripts Pardee, Sheldon J. 134 parent and teacher 222, 261 child punished for 251 not to get child's damages 262 notified before expulsion 259 — 60 parental relation (6) 8 census information 360 — 1 parents, disturbance by 155 felonies 195 fines 190—1, 193, 195, 364 misdemeanors 195 refusal to give information 364 parliamentary rules 18 parties, attending 163, 166, 261 patriotic exercises (155) 279 paupers, education of 172 pawnbrokers 197 pecuniary fines, pupils, 167, 225 penal law (88;1909) q (283—7) 18, 56—7, 71, 72, 155, 222—3, 263, 282—3 — provisions, schools and school officers (283 — 7) {same as above) penalties 271 children, unlawful employment (125) 190 penalties, continued commissioner of education, re- gents or other school officer, falsely claiming to represent (117) 278 fire drills, neglect of (155) 343 forfeiture of, for neglect to sue for (118) 272 fraudulent credentials (226 — 7) 425—6 for injuries to property (195) 30, 167, 225 neglect to sue for 272 notice of school meetings, failure to serve (24) 18 school officers, refusal to make report (22) 42 refusal to serve or perform duty (39—40) 42 subpoena, disobedience of (82) 391 suits for (118, 119) 272 supervisor's refusal to give bond (77—8) 375—6 teachers, failure to complete con- tract (137) 123 unqualified. payment of (134) 80 teachers' institutes, failure to at- tend or close schools (144) 110 text-boks, law concerning (139) 39 trustee, failure to account (54) 282 voters, false declaration or un- authorized vote (25) 20 See also fines Pendergast, Rachel 229 pension fund 370 pensions 138, 369—71 petition for (134—5) 369 personal property, bequests exempt (320—1) 434 law (45:1909) q (312—5) 431— t persons in parental relation 8 Perth, Prof, q 236—7 petitions to commissioner of educa- tion (89—90) 141—5, 234, 382 physical fitness 368 physician s certificate 367 454 School Law [physiology physiology and hygiene (157 — CO) 201—5, 330 examinations in (133, 158) 203 instruction of pupils in (49, 63) 201—5, 330 pictorial reproduction, instruction by (160—1) 352 pictures, apportionment for (108) 335—6 pipe line companies (277) 63 playground, authority on 157 police and census 359 and newsboys 366 poll-list in common school districts (39) 41 poverty no excuse 186 Pratt, Judge q 210 president of college ineligible as regent (217) 410 principals may punish 151, 223 of academieb ineligible as regent (217) 410 fire drills, to maintain (155) 343 — 4 prison offences any person 30, 31, 282, 283—4, 364, 391, 426 employer 190 — 1 guardian 190—1, 193, 195, 364 parent 190 — 1, 193, 195, 364 pupil 168 privileged replies 138 profanity 251, 253 professional schools (6) 8 professorships, trusts for (313, 316) 432 property of abandoned district library (199 —200) 33 corporations (309) 428 extinct (222) 423—4 library, control by regents (196) 30—3 of transferred library (196, 199, 200) 31 subject to return to state (198) 33 property, continued penalties for injuries to (195) 30 school district, consolidated (12) 11 See also gifts; taxes; trustees" trusts provisional charters (221) 420 public documents part of state^li- brary (190—1) 415 — health law (49:1909) q (280—1 337—8) 174—5 — holidays (281—2) 267 — libraries (192) 27—33 abolition (198) 33 advise from state library (197)32 apportionment 33 delinquent libraries (196) 30 forfeiture of state grants (196) 31 formed from school libraries (196, 200) 34 free to residents (195) 30 gifts to, acceptance of (193) 28 — 9 incorporation (195) 418 — 9 municipal corporation may es- tablish (321) 27—8, 417 penalties for detention (195 — 6) 31 — for injury (195) 30 reports (192, 195) 30 school library property, transfer to (199) 34 taxation (193, 194) 29 transfers of books to state libraiy (191—2) 32 trustees (194—5) 29—32 — library money apportionment (197 — 8) 33 forfeiture of grants (196) 31 — 3 return to state (198) 32 — motleys 263, 406 pupil teachers 267 pupils (130—8) assigning 329 fines 167—8, 198 misdemeanors 198 See also children; nonresident pupils regents] Index 455 railroad companies taxation (99—100) 63 apportioning valuation (277) 63 Randall, Sup't q 214—5 reading-rooms (192) 8 penalties for detention (195-6) 31 for injuries (195) 30 real property law (52:1909)q (315— 20) 431—5 recess 170 noon 157 record books, teachers responsible (134) 121 records boards of education (69) 346 on file, part of state library (190) 415 removal from state library (191) 415 school record certificates 189 teachers, 121, 188—9 reference books of abandoned dis- trict libraries (200) 34—5 absences (217) 410 academic departments subject to (69) 334 academy, aproval of adoption (68) 334 abolished libraries 33 advice to libraries 32 may charge for 32 apportion library money 33 approve books for libraries 33 library gifts 28 transfers 34 bylaws, ordinances and rules (218) 411 certify libraries 29 chancellor 410 charters, may grant (221) 420 may alter or repeal (221) 421 — suspend (22)0 418 colleges or universities, name of (226) 425 commissioner of education, ap- pointment of (85) 409 regents, continued constitutional provisions (265) 7 corporations 418 — 29 court of appeals libraries (200 — 1) 417 defined (5) 8 degrees 411 departments of university (219) 412 diplomas 425 dissolution of institutions (222) 421 i duplicate department (191) 416 education extension 41 1 election (216) 409 examinations, may establish (218) 411 extension work 411 grant charters 29 higher education 418 incorporation 418 ineligibility (216—7) 410 inspection of university institu- tions (220) 29, 418 institutions in university, powers (220) 418 libraries, abolition of, duties re- garding (198) 27—35 approval of transfer (196) 31 books for, may buy (197) 33 charters, may grant (195) 30 gifts, approval of acceptance (193) 28 property, control of (196) 28, 33 reports, to submit (195) 30 for state hospitals (321) 417 trustee, may remove (196) 32 library, state 412 manuscripts and records (190 — 1) 415 meetings (217) 410 quorum (217) 411 museum, state 412 name of college 425 neglected libraries 35 456 School Law [regents regents, continued no "ex officio" members (216) 410 number (216, 265) 409 oath of office (217) 410 officers (217) 410 penalty for falsely claiming to re- present (117) 278 powers and duties (86, 216) 409 —35 elementary and secondary schools (85) 393 prescribe library rules 32 quorum 411 remove library trustees 32 reports of libraries 30 senior regent, powers (217) 410 state library, conrtol of (190) 412 — museum 412 ■ — normal college (153 — 4) 404 suspend libraries 31 term of office (216) 409 testimony, authority to take(2l7) 411 vacancies in office (216) 409, 410 to be reported to legislature (217) 410 register, employer's 355 See school registers religious control 7 institutions 366 instruction, school 214 — 20 theological seminaries (218) 411 sects at Cornell 395, 396 services in schoolhouse 219 See also sectarian schools removal attendance officer 193 regent 410 school commissioner 382 — 4, 389, 391 trustee 282, 325, 339 repairs 71, 276—7, 331 reports board of education to make (69) 88—9) 347 commissioner to make (87) 405 reports, continued county treasurer to render (110) 270 from institutions, before appor- tionment (109) 336 public Hbiaries (192, 195) 30 of pupils from other districts (141) 268 school commissioners (83) 382 school library (199) 30 state library (192) 416 — museum (219) 412 trustees (52—3) 281 from university institutions (220) 418 representing candidates 426 school officers 278 residence 173 resignations, district clerk to notify trustees of (42) 43 revoking certificate 77, 83, 89 — 95, 123, 203, 217, 387, 389, 406 rhetorical exercises 208, 210 Rice, Sup'tq 231 Rockland county 58 Rockwell, JohnC. 383 rooms hired 330 — 1 Ruggles, Sup't q 162, 167, 168, 183 rules and regulations commissioner 392 reasonable 165 — 6, 251 regents (216, 218) 409 trustees 165—262 rural renewable certificate 297 — 9 St. Lawrence county (277 — 80) 9 university, school of agriculture (242—3) 401 sale of property 22—3, 332 Saturday holiday 110 savings banks in schools (305 — 6) 280 scholarships, trusts for (313, 316) 43 school age (121—2) 172—3 Indian children (168, 169) 185 — authorities defined (6) 8 — commissioner (70 — 84) 381 — 91 school com'r] Index 457 school commissioner, cont'd accepts resignations 390 acts may be appealed from (89) 408 affidavits, may take (81) 390 annul certificate 89—95. 387 appeal cases (81) 390 — 1 apportionment 270 — 2 arbor day (156) 205—6 attendance officers 371 bank stock taxes 390 boards of education, may call special election (59, 60) 319 — fill vacancies in office (65) 52—3, 281 boundaries of districts 385 certificates to teach 82, 84—6,298, 342, 386, 390 endorses 86 commissioner of adjoining dis- trict, may act for (81) 390 must act with 10 — of education, subjection to and reports to (83—4) 382 condemning schoolhouses 387 conflicting business forbidden (84) 382—3 defined (5) 8 districts (79, 304) 9—12, 381 election (79—80) 381 examinations, use of schoolhouse for 388, 389 examiniug teachers 82, 84 — 6, 298, 342, 386, 390 expenses (81) 384 — 5 fills vacancies 390 forfeiture for loss (117) 272. 385 furniture 386 institutes 72, 387 — 9 names of officers 377 nuisances 386 oath of office (80) 382 oaths, may administer (81) 390 office continued (79) 381 penalties for neglect 269 physiology law (159) 204 school commissioner, cont'd powers and duties (82-3) 385-91 in districts under special acts (81) 391 property in trust (113) 273 qualifications (79) 381 recommends rules 148 removal (88) 383—4, 389 repairs 386 reports 382 resignation (80) 384 accepts school officer's 42 revoking certificates 387 school districts 9 accepts resignations 42 alteration 10 apportionment (13) 12 approval of proceedings (17) 322 boundaries 10, 385 condemning schoolhouses 387 designation of union free school districts (16) 318 dissolution and alteration (9 — 10) 9—12 division of union free school districts (17) 322 fills vacancies 53 first meeting 15 formation and alteration (7 — 9) 9—12 furniture 386 indebtedness, apportionment of (11) 11 joint districts (8) 9 meetings, approval of proceed- ings (17) 322 effect of veto (17—8) 322—3 minutes of meeting to organ-, ize union school to be filed with (16) 322—3 nuisances 386 records, may order district clerk to deliver to town clerk (12) 11 special, may call (22, 23) 17 to give notice of (21) 75 458 School Law [school com'r school commissioner, cont'd school moneys, apportionment of (111—2) 270—3 certificate of apportion- ment to (110) 270 — neighborhoods (18—9) 12, 13 — officers, may accept re- signation of (40) 390 — trustees reports (141) 382 school houses, condemnation of (31) 24—5 consent to change site (33) 21 — 2 estimates of erection (31) 24 — 5 separate neighborhoods 12, 13 special acts 390 subpoenas, power to issue (82) 391 teachers, examination and licens- ing of (81, 133) 85—6 retired, may require services of (136) .370—1 teachers' certificates, may grant and revoke (133) 82. 84—6, 298, 342, 386, 390 — institutes, duties relating ro (142—3) 72, 387—9 may order payment of expenses (144—5) 388 term of office (80) 381 training classes, supervision (146) 389 trustee, not eligible as (37) 52 may fill vacancies in office of (40, 41) 390 vacancy in office (80) 384 how filled (80) 380. 384 visiting schools 385 water closets 390 — district (6—18, 79) 9—314 alteration (8-9) 10, 378 apportionment (107) 270 bonded indebtedness (9) 10 boundaries (82) 385 consolidated, property (12) 11 school district, continued consolidation (10) 11 contracts with other districts (140) 38 descriptions 378 dissolution (9—10) 11, 12 dissolved district, deposit of re- cords (12) 11, 378 to exist for finishing business (12) 11 sale of property (12—3) 11, 12 formation (7—8) 9 re-formation (10) 10 indebtedness, apportionment of (11) 12 outstanding 10 joint districts (7, 8) 9, 10 dissolution (8) 11 formation and alteration (8) 10 meetings (20 — 8) 15 — 10 numbering 9 separate neighborhoods 12, 49 special meetings 16, 17 trust funds (113) 273—5 union school district, reorganiza- tion as common school district (16) 318, 321—2 See also district clerk; district quota; district treasurer; school meet- ings; school officers; school trustees; union free school dis- tricts — houses 29—37 academies 333 — 4 boards of education, powers (63) 330—2 bonds (35—6. 103) 277 branch 279 condemnation (31 — 2, 83) 23 — 4, 331 erection (30, 31—2) 71—2 exemptions from tax for building (97) 58 fire escapes (30 — 1) 26 for colored children 329 — 30 fuel (26, 64) 24, 338 school meetings] Index 459 school houses, continued furniture (26, 63, 64, 83) 24, 331, 338 hire, purchase, etc. (26, 63) 330 — 1 institutes, use for (143) 389 insurance (27, 49, 63) 35, 73, 331 location (29) 22, 25 outbuildings (32—3) 71—2, 339— 40, 390 outside stairways 26 — 7 plans must be approved (29 — 30) 25 property not subject to taxation (63) 59 title vested in board of educa- tion (63) 332 repairs (26, 63, 83,) 71, 331 — and appliances (51 — 2) 276 — 7 sale of (33—4, 63 — 4) 71, 332 school district meetings held in (22) 16 site, bonds for purchase of (103) 277 condemnation of land for (34 — 5) 23—4 consent to change 22 for industrial schools 328 designation (26, 33) 21 — 4. 330—1 without vote (33) 331 purchase (63) 22, 330 — 1 requisites for change of (33) 22, 331—2 sale of (33—4, 63—4) 22—3, 332 taxes and bonds (35 — 6) 24 — 7 title to lands (35) 332 taxes (26, 30, 31, 32, 35—6) 24, 27, 345 temporary or branch (52) 279 use, for examinations (31) 72 out of school hours (31) 72 waterclosets (32, 65) 71—2. 339, 390 See also taxes school libraries 34 — 5 abandoned (199 — 200) 34 apportionment to (108 — 9) 33, 35 may be withheld (200) 33 authority to raise money (199) 34 establishment (192) 34 existing rules continued (199) 34 insurance (49, 63) 73 librarian (64, 198) 34 property, transfer to free public library (199) 34 public libraries formed from (196, 200) 35 reports (199) 34 school commissioner to examine (83) 385 tax for establishment of (26) 28 — 9 transferred (200) 34 trustee may not be librarian (37) 34 use and care (198 — 9) 34 — meetings (20 — 8) 15 — 40 acts may be appealed from (89) 408 annual, of boards of education (60) 325—6 of districts re-formed (23) 323 notice of (21) 15 time and place of (21 — 2) 16, 321 dissolved district, in (12) 11 division of union school district (10—11) 321—2 duty to attend (24) 18 first, notice of (21) 15 joint district, special meeting (8) 10 neighborhood meetings (18 — 9) 13 notice, effect if not given (23) 17 penalty for failure to serve (24) 18 place 16. 321 460 School Law [school meetings school meetings, continue 1 schoolhouses, designation of site (33) 21—4, 330—1 to consider erection of (31) 71—2 sale of (33) 22—3, 33i special meeting, call by school commissioner (23) 17 in common school districts (22) 17 in union free school district (23) 319 to transact business of annual meeting (22) 16 taxes, power to vote (35 — 6) 24 — 37 text-books, to designate (139) 39 union school districts, establish- ment (13—4) 315-8 dissolution and reorganization (16—8) 321—3 establishment, proceedings of (15) 321 voters, qualifications (24) 18—9 See also boards of education — moneys (104—13) 264—75 apportionment, certificate of (110) 270 certifying and paying, manner of (109—10) 270 to cities, academies, academic departments and libraries (108—9) 334—7 by commissioner of education (105—10, 144) 266—9 by school commissioners (13, 111—2) 270—5 conditions for cities and dis- tricts (107) 266—7 errors corrected by commis- sioner of education (106) 269 for industrial and trade schools (164) 328—9 to union school districts and cities (112) 267, 334—7 when payable (110—1) 270 school moneys, continued withheld for physiology law (15S— 9) 203—4 boards of education may borrow (65) 340 reports on (69) 346 collector's bond for 45 comptroller may withhold (112) 273 custody of (45—6) 46—7 deposit, in cities and villages (66 —67) 351—2 disbursement, by supervisors (74—6) 371—2 by treasurer 46 how made (43) 46 of dissolved district (17, 18) 12 estimates by commissioner (87) 405 expenditures, estimates of (70) 344—5 limitation upon (66) 346 vote on (36) 345 to be by ballot (28) kO forfeiture when lost by neglect (117—8) 269 liability of collector. lost (46) 46 — 7 lost or embezzled, tax for (27) 36 notice of non-payinent (54) 283 payment by trustee to successor (,54) 283 to unqualified teachers prohib- ited (134) 80-1 proceeds from dissolved district (12—3) 11 supervisor's bond for (77 — 8) 372 —3 supervisors report to school com- missioners (78) 376 teachers' fund, collector to dis- burse (44) 45 treasurer custodian of (42 — 3) 46 bond for 48 trustees, report on (53 — i) 282 — 4 school trustees] Index 461 school moneys, continued right of action against predeces- sor (54) 28:5 withholding, by commissioner (88) 406 for compulsoiy education (130) 192 — teachers institutes (144) 110—1, 389 See also bonds; taxes — neighborhoods (18—20) 12—4 apportionment to (106) 270 clerk and trustee, duties (20) 13, 44. 49—50 meetings (18—9) 13 setting off (18—9) 12 — officers (37—41) 41—50 actions against (118 — 9) 36 costs in (118) 37 expenses in defending suits, tax- es for (27) 36—7 acts may be appealed from (89) 408 election (25, 39) 40 penal provision relating to (283- 7) 42 penalties, neglect to sue for (118) 272 for falsely claiming to repre- sent (117) 278 — being interested in contracts 71 — refusal to serve or perform duty (39 — 40) 42 qualifications (37) 41 refusal to serve 42 removal (88) 42, 281 reports required of (22) 43 resignation 42 school libraries, may borrow books (198) 34—5 .term of office (38) 41, 42 length of, when elected at spe- cial meeting (22) 42 trustees may not hold office of (37) 52 school officers, continued vacancies in office (40) 281 how filled (40—1) 281 See also collector; district clerk; district treasurer; school trus- tees — record blanks 189 certificate 188 record of 189 — register, verification of (134) 121 — trustees (46—54) 49—286 account books, to provide (51, 52) 276 actions by (302; 1897) q (282—3) 286 against predecessor (54) 283 costs in (118, 120—1) 36—7. 284-6 may be appealed from (89) 408 and teachers 148—56 apparatus, expenditures for (51) 278 application of moneys by (115) 264 appoint librarian 34 library trustees 35 assent to alteration 10 ballot boxes, to provide (39) 41, 320 blank books 276 board, action as 54 boards of education have powers of (67-8) 326 body corporate (47) 53 bond (115) 275 bonds, issue of (103) 277 call special meetings IG, 17 cannot hire himself 78 or school commissioner 79 collector, to deliver bond to (43 — • 4) 45 in default, remedy against (46) compulsory law 185 — 98 conclusions of two valid (47) 54 concurrent authority 161 462 School Law [school trustees schoo. trustees, continued condemnation of land for school- house sites (34) 23 contract for building 25 — 7 for conveyance 39 with other districts (140) 38, i 268—9, 338 conveyance of pupils (28) 38, 186 corporal punishment 221 — 41 corporation 53, 117 course of study 199—220 de facto 75 designate place of meeting 16 disbursements, may order (43) 263—4 of teachers fund (44) 263 — 1 dismissing teachers 127 election (38—9, 56, 57) 41—2 in common school districts (25) 41—2 expulsion 242—62 extent of authority 157 — 64 family, only one in 52 fines 39, 81 fire drill, duties relating to (156) 343 fire escapes, construction (31) 26 forfeiture of amount of moneys lost by neglect (117) 272, 282 give orders for payment 48 hiring teachers 74 — 147 hours of school 170 — 1 ineligibility 37 insuring property (27) 35, 73 janitor work 115, 167, 276 meke tax list 8 meerings (47) 54, 75 Set also school meeting misdemeanors 71, 81, 263 must sustain teachers 132, 254 neglect of duty (39) 52 neighborhood trustee, report (20) 13 non-resident pupils 173 — 4 not to be interested incontracts71 nuisances, abatement (83) 386 number (38—9) 41—2, 51, 75 school trustees, continued change in (62) 51 outbuildings 71 — 2 outside stairways 27 payment to successor (54) 283 to treasurer 48 pecuniary fines 167 penalty for failure to account (54) 283 for payment of unqualified teacher (134) 80—1 — refusal to serve 52 physiology law (159) 201—2 powers and duties (48 — 51) 55 — 286 mode of exercise of (47) 54, 75—6 privies 71 — 2 property held by (47) 72 in trust for common schools (113) 273—5 qualifications 52 raise money for wages 36 to pay judgment 37 recover collector's balance 47 forfeits 47 refusal to serve (39) 52 from office 52 repairs 276 report of pupils from other dis- tricts (141) 268—9 reports (52—3, 84, 141) 17, 276 rules 148—262 sale of property 22 mortgages on 23 school districts, alteration of (8—9) 10 consent to dissolution (9) 10 dissolved, to settle unfinished business (12) 11 division of union free school districts (10—11) 322 notice of meetings (14) 316 to organize union schools (15) 315—6 state library] Index 463 school trustees, continued union school district (13) 315 — house, abatement of nuisances (51) 386 care of (51) 72 contract for building (32) 71 furniture (83) 24, 331, 338 may grant use of (31) 72 — 3 not to levy tax for unless plans approved by commissioner (30) 25 outbuildings, provissions for (32—3) 71—2 repairs and appliances, duties concerning (51 — 2, 83) 71, 276—7, 331 — houses or site, execution of deed for sale of (33 — 4) 22—3, 332 to sue for money unpaid upon security (34) 23 to take security for sale (34) 23 — libraries, librarian (198) 338 — meetings, annual place of 16 special, may call (22) 55 to consider building school- houses (31) 17—8 — moneys, (42—3) 263—5 — officers, vacancies C40 — 1) 281 sole trustee, powers and duties (47) 53^ subpoenas 391 suspension 242 — 62 tax list (101—2) 66 and warrant, delivery to town clerk (103) 55—70 taxation for expenses (54) 36 — 7, 284—6 taxes, for cei tain expenses (120 — 1) 36—7 suits for recovery of (101) 67 teachers, contract with (137) 147 relationship to (137) 77 — 8 in union schools 76 — 7 substitutes 135 wages, to raise money for (27, 28) 264 school trustees, continued teachers' institutes (144) 110 — 1, 389 report on (144) 281, 388 temporary or branch schoolroom (51) 330—1 terms of office (38, 56, 57) 51, 53 of school 73, 74 treasurer to deliver bond to (43) 48 vacancies in office (40) 51, 52 action in case of (47 — 8) 53, 54 how filled (40) 53 vacc.».„.lon 174 — 5 water closets 71 — 2 written contracts 100 — 2 See also boards of education; taxes scientific associations, iincorpora- tion (221) 419 — collections, made by museum staff (219) 413 of birds, birds' nests and eggs (322—3) 414 temperance law 201 — 5 seal of commissioner 86—7 searching pupils 167 sectarian defined 217 instruction 214 — 20 schools, aid to 265 separate neighborhoods 12 — 14 sewer systems for colleges (229 — 31) 430 Sherman, Judge q 167 sites, see schoolhouse site special acts (72) 326 specimens, to state museum (192) Spencer, Sup't q 162, 214 — 5 stairways, outside 26 state botanist 412 — certificates 291, 304—7 in cities 201. 357 endorsement of 132 — 3 — entomologist 412 — geologist 412 — lands, taxes on (269 — 71) 59 — library 414 — 7 464 School Law [state library state library, continued advice and instruction from offi cers (197) 32 borrowers (191) 415 how constituted (190) 414 department of university (219) 412 duplicate department (191) 416 hours of opening (191) 415 loans (192, 196—7, 219) 415 manuscripts and records (190) 415 receipts from sales used for (191) 416 reports (192) 416 subject to regents (190) 412 transfers from state officers (191 — 2) 416 — medical library (190) 415 — museum (.321 )2) 412—4 collections made by staff (219) 413 how constituted (219) 412 department of university (219) 412 Indian section (220) 413 loans from (219) 414 reports (219) 412 transfers to (192) 416 — r-fficers 392—435 may borrow from state library (191) 415—6 transfers of books, etc. to state library (191—2) 416 — paleontologist 412 — publications 416 certain, in resents charRe (191) 416 extra copies (191) 416 on file, partof state library (190 — 1) 416 proceeds of sales (191) 416 — schools of agriculture (240 — 7) 400 Cornell college of 400 — treasurer, payment by (109) 33, 59, 393 stock corporations (308—9) 418—26 dissolution (222) 421 street trades, employment in (299 — • 301) 196—8 subpoenas, school commissioner to issue (82) 391 subsidies, library (193—4) 29 restrictions on (265) 29 substitute teachers 135 suits, see actions superintendent of schools 151 physiology law (158—9) 203 pictorial instruction (161) 352 teachers schools or classes (147) 341 in villages (65—6) 340 supervision quota (105, 107) 266 supervisor (74 — 8) 371 — .3 accounts 372, 378 apportions assessment 57 bank stock 62 bond, for school moneys (77) 372, 375, 378 refusal to give, consequences of (77—8) 375—6 certificates of apportionment 377 commissioner district, may divide (79) 381 costs in actions against (118 — 9) 36—7, 284—6 deaf and blind, duties relating to (175—7) 248 decisions may be appealed from (89) 408 dissolved district 11 — 2 district boundaries 10 duties (74—7) 371—5 equalizing assessments 375, 377 fees (13, 303—4) 10, 62, .377 fines 20, 376 gospel or school lots (114) 373 — 5 misdemeanors 376 pays public money to treasurer 48 property in trust (113) 373 — 5 railroad valuation 63 renewal of warrant 64 report of county treasurer 46 — to county treasurer 376 taxes] Index 465 supervisor, continued school commissioners, expenses (81) 384—5 may increase salary (80 — 1) 384 school districts, alteration (9) 10, 373 application of proceeds of sale of property (12) 11 sale of property of dissolved district (12) 11 school moneys, apportionment (112) 272 payment 371 — 2 report to school commissioners (78) 376 sue for money due (13) 12, 374 for penalties 20, 373 tax rate 44, 62 taxes, unpaid, collection of (102) 67—9 levy of (102) 375 teachers pensions, payment (136) 370 town assessment rolls 56 treasurer to demand money of (43) 371—2 trustee, not eligible as (37) 52 trustees not to draw on unless re- cord is verified (134) 121 unpaid taxes 68 vacates office of trustee 51 valuation of taxable property (93) 56—8 supreme court, control over gifts, grants and devises (315) 431 libraries (201—14) 417 suspension 186, 206, 208, 242—5 tardiness 165—7, 179—80 tax law (62:1909) q (265—80, 308— 9, 320—1) 59—63 tax-list 55 amendments (98) 65 filing with town clerk (103) 69 — 70 transmission to county treasurer (102) 68 tax-list, continued trustee to make out (48) 55 taxes (90—103, 265—80) 27—9, 55 —70 for apparatus and textbooks (26) 27 appeal on refusal to levy for costs in actions (119—20) 37 assessment (91 — 2) 55 — 63 apportioned 55 equalizing 375 of state lands in Dannemora and Wawarsing (94 — 5) 58, 59 of vacant land (93—4) 57 banks (271—6) 61—3. .375 boards of education may levy without vote (70) 345 — may borrow for 340 certification by trustees (101 — 2) 68 collection (276) 6.3—70 collector, fees (99) 47 jurisdiction of (98) 64 notice (98—9) 65 corporate authorities to levy (71) 351 corporations 56, 57 costs in actions (118) 37 equalization within joint districts (93) 57, 375 exemptions from (26.5 — 9) 59 — 61 tax for building schoolhouse (97) 58, .59 forest preserve 59 levying, vote to be by ballot (28) 20 libraries (193, 194) 28—9 money for teachers' wages (69) 27 nonresident pupils (138) 174 outbuildings, provisions for (32, 3.3) 71—2, 339, 390 penalty for false statement 57 personal property 56 persons working land on shares (96) 58 466 School Law [taxes taxes, continued powers of meetings to vote (35) 27 property, of absentee owners (96) 57 to be assessed (92) 56 railroad companies, notice to (99 —100) 47, 63, 65 payment by (100) 47, 66 real estate unoccupied 56, 57 valuation 375 record book (27) 276 replace moneys lost (27) 36 St. Lawrence county (277 — 80)9 school library (26, 199) 27—35 school property not subject to (63) 332 schoolhouses (26, 30, 31, 32) 27 sites (26) 24, 27, 345 state lands (269—71) 59 suits for recovery of (101) 67 supply deficiencies (27) 35 teachers' pension fund (136) 370 —1 teachers' wages (50) 36 payment of deficiency in (27) 36 to pay judgments on (27 — 8) 36—7 tenants' right to charge tax to landlord (97) 58 textbooks, for purchase of (139) 330 transfer tax on devises (320 — 21) 434 trustees, expenses of (54) 284 unpaid, collection of (102 — 3) 67 —9 levy by supervisors (102) 69, 375 return by collector (101) 67 valuation, ascertainment of (92) 56 power of trustees to determine (92—3) 56—8 vote on (36, 70) 20 taxes, continued warrant, for collection of (97) 63 filing with town clerk (103) 69 renewals of (98) 64 teachers (130—8) age 77 annulment of certificates 89 — 95 attendance at institutes (107, 144) 268 bankruptcy 91, 131 contract with (137) 74—147 dismissal (138) 123 — 47 employment (49, 64) 74 — 147 examination and licensing of (81, 83) 82—99, 287—312 fines 121, 125, 234, 235, 330, 344 fire drill, to maintain (155) 343 forfeiture 121 fund, collector to disburse (44) 46 indebtedness of 91, 131 Indian children, record of attend- ance of (170—1) 185 institute week 94, 110 — 1, 388—9 insubordination 133 — 4 148 kindergarten (165—6) 172, 205 librarian 34 limit of power 236 may not expel 245 — usually suspend 242 minors 77 must verify entries 121 misdemeanors 99, 194, 200 not a public officer. 149 pensions, petition for (134 — 5) 369 physiology and hygiene, examina- tions in (133. 158) 203 primary and grammar schools (131—2) 357 qualifications (131) 82—99 quota (106) 266 district entitled to (107, 140) 267 record of attendance, to keep (125) 121, 188—9 books (134) 95, 121, US verification of (134) 121 theatres] Index 467 teachers, continued recourse when defied 155, 255 registers of (87—8) 170, 377 reports 34 retired 369 school libraries, may borrow books from (198) 34 schools for colored children (185) 329 superannuated 370 trustees make rules 165-222 must sustain 132, 254 relationship to (137) verification of entries 121 wages, apportionment of moneys for (105, 112) 266—7 expenditures for (70, 74) 36 payment of (111) 77, 116-7 by trustee (49—50) 264 not to be paid until record is verified (134) 121 paid during institutes (143) 110 payable as often as monthly (138) 116 dme of payment in contract (137) 116 payment to unqualified teachers prohibited (134) 80 tax for (27—8, 50. 69, 70) 36 See also training schools and class- es — certificates commissioner of education may grant (132—3) 82—9 commissioner's power to annul (87, 132( 89—95 examination for (132—3) 82—9 dishonesty in 83, 89 in cities 88 indorsement (132—3) 86—7 revocation by commissioner of education (87, 132)89—95 by school commissioner (83 133) 89—95 for failure to complete con- tract (137) 123 teachers' certificates, cont'd for failure to attend institute (144) 94 for refusal to teach physiology and hygiene (158) 203 school commissioner may grant (83, 133) 82, 84—86, 298 temporary (133) 88 for training class students (146) 390 — institutes (141—5) 267—8, 388 —9 attendance at, penalty for failure of (144) 110—1, 389 commissioner of education, duties (141—2, 145) 267 expenses, payment of (144 — (5 388—9 physiology and hygiene, instruc- tion in (158) 203 school buildings used for (143) 389 — commissioners, duties (142 —3) 388—9 schools closed during (143 — 4) 267—8 vocal music, instruction in (162) 328 — licenses, see teachers' certificates technical schools (6) 8 See also industrial schools telegraph companies, apportioning valuation (277) 63 telephone companies, apportioning valuation (277) 63 temperance law 330 testimony, authority of regents to take (217) 411 text-books (138—9) 206 boards of education to designate (63, 138—9) 39, 206 changes in (139) 39 district to vote tax for (26) 27 free, in union school districts(139) 27, 39 on physiology (158) 203 theatres 196, 197 468 School Law [theological theological seminaries exempt (218') 411 tobacco, use of IGS cigars cigarettes towels in school 1G9 town 309—79 — assessors 56, G2, 63, 379 — auditors 372, 378 — board 275, 369, 371, 374 — clerk (72—3) 377—8 addresses of school officers 43 bonds of collectors 45 certificate of apportionment 377 certified valuation 63 change of boundaries 10 collector's bond (44) dissolved districts 11 distributing blanks 377 district boundaries 9, 10 duties (72—3) 377—8 expenses 379 fees (13,14) 10, 45 forfeiture of moneys (117) 269 railway valuation 63 records 377 school commissioner's oath 379 school districts altered (9) 378 decision filed (9) 10 description filed (8) 9 minutes filed (16) 318 records filed (12) 378 school moneys 378 supervisors' accounts 372 — 3, 378 tax list filed (103) 69, 378 teachers, retired list (136) 170, 377 trustees report 377 — law (63:1909) q (303—4) 377 — libraries (192) 417 — meeting 369, 373 — property in trust (113) 273 — 5 township system 9 in villages 353 trade schools (162—5) 328—9 training schools and classes (145 — 7) 341—2, .389—90 apportionment for (112 — 3) 342 physiology and hygiene, instruc- tion in (158) 203 transfer of libraries (196) 31, 416 — tax on devises and bequests, exemptions (320—1) 439 traveling libraries (197) 32 treasurer, see district treasurer truant schools (128—30) 186, 194, 240 truants, arrest of (127 — 8) 194—5 in Indian schools, arrest of (171) 185 trust funl, accumulation of income (317—20) 433 trustees of academy, may dissolve acad- emy (223) 422—5 boards of education have powers of (67-8) 334 defined (6) 8 of corporations (310) 427 — 9 public libraries (194—5) 29—30 regents may remove (196) 32 school, see school trustees — of university institutions 426 — 32 absences from meetings (228) 427 —8 degrees and credentials, may grant (229) 429 elections (228) 427 executive committee (227) 427 ineligible as regent (217) 410 meetings (227) 427 no compensation (229) 429 number and quorum (227) 427 officers and employes (22)) 428 powers (227—9) 426—9 property, control of (228—9) 428 — holding (228) 428 « removals and suspensions (229) 429 vice-chancellor] Index 469 trustees of university institutions, continued rules, may make (229) 429 seniority (227) 427 vacancies (228) 427 women eligible (228) 428 trusts for schools (113—5) 273—5, 432 authorized (312—7) 273—5 control and supervision (114) 273 limitation of bequest (311—2) 433 report of, to commissioner of ed- ucation (114) 274 See also bequests; gifts tutor cannot recover 77 union free school districts 8 alteration 11 annexation to 10 — 1 apportionment to (105) 266 board of education to control (64) 333 boundaries, alteration of (9) 10 clerk (44) 342, 348 collector (45) 348 deposit, of moneys (66 — 7) 345 — 6 dissolution (10) 321—3 restriction (16) 322—3 division, of dissolved district (17) 323 of district containing two incor- porated villages (10) 349 establishment (13 — 4) 315—8 laws applying to (72) 326 meeting, regarding reorganization (16) 318, 321—2 of two or more districts (14 — 5) 349 proceedings of meetings to form (15—6) 315—8 school districts, for apportion- ment (112) 267 special meetings (23) 347 supervision by commissioner (88) 347. 406 treasurer (45) 345—6, 348 See also boards of education; school disticts; school meetings; school trustees — schools, academic departments. see academis departments United States deposit fund (197) 7, 33, 264, universities (5, 6) 8, 425 incorporation (221) 418—8 university, defined (5) 8 extension 8 use of name (226) 425 — of the state of New York (5; 214—31) 8. 409 corporate name and objects (215 —6) 409 departments (219) 418 government (216) 409 in constitution (265) 7 institutions in (220) 418 powers (215—6) 411—35 See also regents seal 395 vacancies in office boards of education (64 — 5) 325 clerk 281 collector 281 regents (216) 410 school commissioner (80) 384 school officers (40—1) 281 treasurer 281 trustee (40, 48) 52—3 of university institutions (228) 427 vacation 109. 113 — certificates 354 employment of children 187, 353 vaccination of school children (280 — 1) 174—6. 246 report on (53) 175 ventilation of schoolhouses (29 — 30) 25—6 veracity 134, 187. 353 veterinary college (399 — 400 vice-chancellor of university (217) 410 powers (217) 410 470 Index [villages villages 349 — 56 bonds 353 deposit, of moneys in (66 — 7) 349, 352 distinctive features 349 incorporated, division of union free school district containing (10—1) 349 libraries (192) 352 superintendent of schools (65) 340 —1 taxes, corporate authorities to levy (71) 351 teachers training schools and ' classes (147) 353 union school districts in, notice of organization (14) 349 — 50 Vincent, Judge q 244 visitaiion of schools, see inspection visitation of schools 405 by commissioner of education 405 by school commissioners visitors of schools 405 visual instruction (160 — 1) 352 vocal music, instruction in (162) 328 voters challenges (25) 20 fines 20 penalty for unauthorized vote (25) 20 powers (25—28) 20—40 voters, continued qualifications (14) 18 — 9 at distrir.t meetings (24) 18 — 9 wages, see teachers wages wampum keepet of Onondaga nation (322) 413 warrants for collection of taxes (97—8) 63 comptroller's, for payment (109) 270 filing with town clerk (103) 270 Washinf.ton's birthday, observance in public schools (155) 279 waterclosets (32.65) 71-2,339-40, 390 water-works, colleges may construct (229—31) 429—30 Washington's birthday 280 Wawarsing, assessment for school purposes of certain state lands in (94—5) 58 Weaver, Sup't q 169 Wisconsin decision 208—10, 212 witnessess, subpoenas to compel at- tendance of (82) 391 women married 79, 124—5 may vote at school meetings (24) 19 school commissioners (79) 3S1 Woodward, Wm. H. 391 written excuses 178, 185 year, school 108 — 9 Young, Sup't q 232 • ^^ '^■... 6> J It " ■' ^ 1 iL «*. 'o. . '. " .G* A o. ^5*5 t^.0^ o .0-. A <. : .V '^' A^' WfR' WIOOtlTOWftn OCT 85