1873474. CITY DOCUAENT. No. 21. VETO MESSAGE OF THE MAYOR RELATING TO TIlE SAVLAR1iIIIES OF THEIl SCHOOL TEACIIERS, WITHI A REPORT OF THE COMMI'TTEE ON EDUCATION, (PRINTED BY ORDER OF TIlHE COMIMO1N COUNCIL.) P Rt OV I D E N C: HAtI\IONID, ANGELL & CO., PRINTFRS TO THE CITY. 1873. i_ 1873-74 CI T Y D O C UMEN To No. 21. VETO MESSAGE OF THE XMAYOR RELATING TO THE SALARIES OF THE SCHOOL TEACHERS, WITH A REPORT OF THE COMMItTEE ON EDUCATION, (PRINTED BY ORDER OF THE COMMON COUNCIL.) PR OVIDENO E HIAMiOND, ANGELL & CO., PR1NTERS TO THE CITYE 18 73. COMMUNICATION. FROM THE COMMITTEE ON EDUCATIONOh. (Presented August 11, 1873.) To THE HONORABLE THE CITY COUNCIL The joint standing committee on education beg leave to report that the appropriation for public schools is exhausted, and a further sum of twenty-five thousand dollars is required for the payment of monthly salaries to the superintendent and teachers in the schools, for the months of July and August. This additional appropriation is made necessary by a change in the salary ordinance. Under the laws in force when the appropriation was made, the salaries for July, Angust and September would have been paid in October, but the change to monthly payments, obliges the city to pay the salaries for the first two months named, within the present financial year. Your committee recommend the passage of the accompanying resolution. Respectfully submitted for the committee, NELSON W. ALDRICH, Chairman. RESOL UTION OF THE CITY COU NCIL. (Passed in Common Council, August 11, 1873.) (Passed in Board of Aldermen, August 14, 1873.) RESOLVED, That the sum of twenty-five thousand dollars is hereby added to the appropriation for public schools, the same to be taken from the reserved fund. 2VETO ESSA /GE F/R 0XM 2IE GMA YOI, (Presented to the Common Council, August 18, 1873.) MAYOR'S OFFICE. City of Providence, August 18, 1873. GENTLE.MEN OF THE COMMON COUNCIL: Resolution No. 152 transferring twenty-five thousand dollars from the reserved fund to the appropriation for public schools, which passed the Common Council on the 11th in stant, and was concurred in by the Board of Aldermen on the 14th instant, I return herewith with my objections thereto. The resolution of itself, unaccompanied by the report of the Committee on Education, would not be objectionable, although there appears to be no necessity for its passage, and I might, therefore, approve it; but as this approval might lead to the belief that the money was to be applied to the purpose indicated in the reportof the committee, I have deemed it my duty to meet the question at once and return the resolution. The School Committee appoint the superintendent and teachers of the public schools and fix their rate of compensation, within the limits prescribed by the City Council. They have heretofore determined the term of service, the date of its beginning and ending, and it would seem as if that body should have asked for this appropriation if it was needed. As a meeting of the School Committee can take place at any time at the request of five members, they could have been easi 4 CITY DOCUMENT. No. 21. ly called together to consider the subject of a further appropriation for the public schools. That they have not passed upon the matter, would be a sufficient cause for me to withhold my assent to the passage of the resolution if there were no other reasons. The resolution under consideration originated with the committee on education, who gives as a reason for its passage, " that a further sum of twenty-five thousand dollars is required for the payment of monthly salaries to the superintendent and teachers in the schools for the months of July and August. " If this statement was correct, no one would more cheerfully hasten to place the money needed for the payment of these salaries to the credit of the public schools than I should; but the real fact is, that the superintendent of public schools and the teachers, with a few exceptions, have been already paid for their services up to the first day of September next ensuing. I make therefore a direct and positive issue with the committee on education on this subject, and the sum involved is large enough to require all the time which may be consumed in its proper investigation A principle is involved in the consideration of this matter which is of vital importance, and it the views of the committee are sustained, will establish a precedent that may open the door for extensive frauds upon the public treasury. The principle attempted to be established is, that a branch of the city government entirely subordinate to, and under the control of the City Council, can in defiance of the ordinances of the city, make a contract which the City Council is compelled to carry into effect. The only defence attempted to be set up for this new departure in our municipal affairs is sympathy for the persons who are affected thereby, as if this would warrant so great a violation of the public trust. It is alleged that the confusion which has arisen in the matter of the salaries of teachers, has resulted from a change made in the salary ordinance. An examination of the salary ore VETO MESSA GE. 5 dinances adopted from year to year since the enactment of the present city charter, will show that in their provisions they are copies one from another. The changes made, are in the date of its expiration and the amounts to be paid to the respective officers. In the matter of the public schools, the only change aside from the sums to be paid is, that the salaries shall be paid monthly, instead of quarter yearly; and it may properly be asked how the payment of twelve equal sums in each year, instead of four equal sums, both in the aggregate amounting to the same sum, can make any confusion. The answer is this. The teachers in the public schools prior to the enactment of the present charter, were not considered to be city officers, and in paying their salaries, unlike the city officers who were paid exactly from quarter to quarter, they received their money at the close of the school term, the school year being divided into four terms unequal in length, and the vacations being considered as belonging to the teacher. When, in 1870, the school year was, as an experiment, divided into three terms, confusion arose as to the payment of salaries, because of the impossibility of making the payments as theretofore. To remedy this, the school committee in the following year made a by-law providing that the salaries should be paid " quarterly on the first of October, January, April and July." In carrying this by law into effect, the superintendent of the public schools and nearly all the teachers then in service, were paid two months salary in advance, and from that time until the first day of July of the present year, each of these persons who have been in continuous service have been so overpaid. This is the explanation of the fact, that on the first day of July ultirno, there was no money in the treasury to pay teachers' salaries, and the bills and schedules in possession of the city will confirm this statement. The city auditor, in his letter to the chairman of the committee on education, denies that there is any evidence to show that the superintendent and teachers were so overpaid. 6 CITY DOQC UME2VTo NO. 21. As I could not understand how he could have arrived at this conclusion, I called for an explanation thereof. A copy of my letter to him and of his reply thereto I forward herewith. It will be observed that he considers that the term of service of the superintendent and teachers commences on the day of their election by the school committee, instead of at the beginning of the school year, and he refers to the by-laws of the school committee as his authority therefor. He also verballv informs me that he has always acted on this theory in passing the pay rolls for this department. With these two points in the auditor's letter I take issue. I deny emphatically that the term of service of the superintendent and teachers commences with their election. There is no more authority for this, than there would be for saying that the term of service of the mayor and members of the city council commences at the date of their election. I deny also, that the by-laws of the school committee in relation to the payment of the salaries of the superintendent and teachers, are of the slightest validity, and in confirmation of this, I invite your attention to the copy of the letter of the city solicitor herewith presented. Upon these matters I am compelled to speak at length in order that you may have a full understanding thereof. If the teim of service dates from the election of the teachers, then the vacation precedes service instead of following it. Has any one who has been connected with our public schools, either as pupil, teacher or member of the school committee, ever heard this theory maintained before? On the contrary, is it not indisputable, that the term of service begins, and always has begun, with the opening of the schools in September, and the close of service is followed by a vacation until the begi nning of the school year in September? While the date of the election of superintendent and teachers has varied from time to time, from early in May to late in August, the beginning of the school year has always been early in September, the exact day being, so long as the commencement of Brown University was in September, the Mon VETO MBSSA $ Go 7 day succeeding, and since the change of that anniversary, the first Monday of September has been the day. February 21, 1870, at a special meeting of the school committee, the by-law fixing the date of the beginning of the school year, was changed so that the year should commence in April, but on the 11th of March following, this was altered again, and September was fixed upon, so that there has been no actual variation in the matter of the school year. The Auditor in his letter herewith, refers me to article VI of these by-laws for his authority for making the teachers' year begin in July. That by-law is as follows:'article VI, section 1; at the regular meeting, at the close of the last term, the appointment of the superintendent and that of every teacher shall expire, and a new election shall then take place." The date of the regular meeting referred to in this section, has varied as I have said, from May to August, and the argument that no service can be required of the teachers after the time fixed in the by-laws for this meeting, is answered by the fact that in 1867, 1868 and 1869 when the election of teachers was held early in May, the teachers continued to serve until the close of the fourth term which was in July, and no change whatever was made in the payment of the salaries, although prior to these years they had been elected in Jane anl July. If the salaries are to be dated from the time of election, how does it happen that no attention was paid to this change from July 3d to May 7th, a period of nearly two months? Because this date has never been taken into account by the school committee under whose directions, as I have said, these bills have been paid. I call your attention to article V, section I, of these same bylaws, which reads as follows, viz: " The school year shall begin on the first Monday in September, and shall be divided into four terms; the first term shall close on the Friday preceding the last Thursday in November, and be followed by a vaca tion of one week; the second term shall close on the second Friday in February and be followed by a vacation of one week; the third term shall close on the last Friday in April, 8 1.CITY DOC eUMEN T, No. 21. and be followed by a vacation of one week; the fourth term shall be so many weeks as will make, in -all, forty-two. school weeks for each year, and be followed by a vacation luntil the commencement of the next school year." Note the significance of the last sentence, e' that the fourth term shall be followed by a vacation until the commencement of the next school year." What other meaning can be given to this, than that the vacation is a part of the term of service and follows the close of the last term of the year as a period of rest; as a reward for services that have been rendered. How does it happen if this is not the correct construction of this section, that in all the numerous changes of the by-laws, for nearly forty years this language has remained undisturbed? One thing is certain7 that the construction I have given to it is the same that has been given by the school committee9 who may be supposed to know the meaning of their own bylaws, and whose construction the superintendent of public schools is bound to follow, although the city auditor may not beo In this matter of term of service the school committee took action two years since. On the 3d of January 1871 the prin. cipal of the Benefit street grammar school resigned his office. In November preceding he had been paid one quarter's salary and in February 1871 he was allowed for part of the second term on which he had entered at the date of his resignation. At the meeting of the school committee July 12, 1871, he presented a claim for the balance of a half year's salary, on the ground that having been elected a teacher July 1, 1870, and having served until January 3, 1871, there was that amount due to him. After "1 a free discussion " the school committee by a unanizmous vote rejected the claim, on the ground that ", he had already received from the city the full amount of salary due him for service rendered," although he had been paid only from September 1st. This decision of the school committee, upon the contract made by them with the teachers, the committee on education FETO M-ESSAGo. 9 of the city council and the city auditor propose to set aside and adopt a construction of their own, which will change the entire policy of the public school system relating to salaries, although it has existed since the organization of the public schools. This decision of the school committee also, may explain why that body has not been called together and why there has been so mulch haste in attempting to secure the action of the city council on the subject, but whether it does or not, the matter is now before the city council for their decision, and they are called upon to say whether they will sanction the policy by either of the bodies under their control of giving a vacation prior to service. Whether the school committee, the highway commissioners, the water commissioners, the board of engineers, or any other department, shall be allowed to pay in advance persons who propose to enter into the service of the city at a future,late, if they live, their health permits, or they do not change their minds, is the question presented for the consideration of the city council. This matter of electing teachers two months before their service begins, is simply that they may know that they are to be employed, and that if they have been teaching in the schools and are not reelected they may have timely notice thereof in order to find employment elsewhere. This is all that is meant by this interval, and the idea that thp pay is to begin the moment they are elected is unusual and against all business prey cedent. From the establishment of the present school system until the year 1871, the superintendent and teachers were paid their first quarter's salary the last of November; their second the last of February; their third the last of May; and their fourth at the close of the term whenever that took place, and this latter payment was for, and did cover the vacation until the beginning of the next school year in September following. May 12, 1871, they received their pay as usual for the third term, and that year the term closed June 30th, when they re2 10 CITY DOCUMENT, No. 21, ceived their pay for the fourth term, which was in full until the beginning of the next school year. October 1, 1871, however, under the new by-law, they were paid again three months salary, and whatever the theory under which it was done, may be, the fact stands of record, that from the twelfth day of May until the first day of October, a period of twenty weeks, the superintendent and the teachers, with a few exceptions, received twenty-six weeks pay. The teacher of the boys' classical department of the high school, Mr. Cutler, having taken the matter into a public newspaper, T have prepared from the vouchers in the financial department, a statement of the payments to him and of his account with the city, both of which I transmit herewith. He commenced service as teacher at the beginning of the fourth term of the school year 1864-5. The exact date I am unable to give as there is no record thereof in the office of the superintendent of public schools. But as the school committee met on the 5th of May, the term probably began on or about the 15th of that month, At all events it ended on the 28th of July, when he in common with the superintendent and other teachers, presented a bill of services which was paid. It is very clear that Mr. Cutler cannot claim any thing back of his actual service as he came in to fill a vacancy, and it is equally clear that he received for this service just one quarter of a full year's salary. He taught two months and received pay for three months. Is there any doubt but that this pay. ment covered the vacation which followed this term and lasted from July 28 to the beginning of the school year on the first of September following. There cannot be a doubt of it for such was the fact. In September he commenced his year of service under his election by the school committee on the 28th of July, and 1November 24th following receipted his bill for a quarter's salary. Mr. Cutler therefore began service in May, and in November following, had received from the city treasury six months pay. How much more was then due him the committee on ETO MESSAGE. 11 education must decide. From the latter date forward he has been paid from time to time, as will appear on the statement thereof herewith submitted. The total amount of money he has received from the city treasury since he commenced service in May, 1865, has been $15.762.49. It would not seem to be a very difficult problem to calculate how much service he maust; render therefor, when the rate of annual salary is known: and according to the account which I present herewith, the city owes to Mr. Cutler just one cent for his services to the first day of September next ensuing. In making this account ofi services to his credit I have taken in every instance the last day of the quarter precisely as if Mr. Cutler had been serving the city in any other capacity, for the ordinances of' the city prescribe that the salary shall be an annual one, and the school committee have no power to make it otherwise. This account of Mr. Cutler's will apply to the superintendc ent and the teachers in general~ The exceptions are those pert sons who commenced service in the public schools in or since September 1871, or who have been since that date, advanced to a higher grade. tlow many there are of these can be easily ascertained -from the persons themselves, but hardly from the records and vouchers in possession of the city without the assistance of the persons affected thereby. A careful examlination of the school records and the schedules of salaries reveals so manly variations that I could not without more time than was at my disposal, determine how many teachers there are who have not been fully paid, but one thing is certain, that some of the teachers who entered upon service on the first Monday of September 1872, received but one month's salary on the first Saturday of' October following, that being the day of the quarterly payment, which it will be remembered was theretofore paid in the last week of November. Such teachers having continued in service are unquestionably entitled to be paid for July and August of the present year. At least once within a few years, there is no record at all of 12 CITY DOCUMENT No. 21. the names of the persons who were elected teachers, but only the fact is recorded that an election of teachers was made. It will be well for the city council to -make some definite rules for the government of this matter, and decide how and in what manner accounts shall be kept, which involve the expenditure of more than one hundred thousand dollars annually. In reference to the power of the school committee to make by-laws affecting the salaries of the superintendent and teachers, to which the auditor has referred, I beg to remind you that the only power vested in the school committee relating to the matter, is that of naming the persons who are to fill the places, and deciding how much their annual salary shall be, within the limitations of the salary ordinance. The mode of payment and the dates when the payments shall be made are matters entirely within the control of the city council. I also remind you that by the ordinance defining the powers of the school committee, they are prohibited from making regulations that conflict with the statutes of the state or ordinances of the city, and furthermore, they are excluded from any control over the portion of the school appropriation required for the payment of salaries to the superintendent and teachers, and on this point I refer you to the letter of the city solicitor herewith presented. From what I have said, you will understand that I hold to the opinion, that the months of July and August belong to'the year in which the teaching has been done, and not to the year in which it is to be dune; that such is the construction of the matter which has always been given by the school committee; that if they desired to give any other construction they could not legally do so under the ordinances of the city council, and that the superintendent and teachers with a few exceptions, have been paid for the months of July and Au. gust of the present year, whether it be the calendar, municipal, fiscal or school year, and for these exceptions, there is sufficient money remaining to the credit of the appropriation for public schools to pay such teachers in full. TrhOiaAs A. DOYLE, Mayor. TEAC IERS' SALARIES. 13 LETTER FROM THE MA YOR TO7 THE CITY A /UDITOR. MAYOR'S OFFICE. CITY OsF PROVIDENCE, August 15, 1873, JAMES M. CROSS ESQ.,S ITY AUDITOR: DEAR SIR; In your letter of the 14th inst, addressed to the Chairman of the Committee on Education, you say that in your opinion "the Superintendent and teachers have not been paid their salaries for July and August of the present year." Please inform me as soon as practicable what you mean by the term " present year." Does it apply to the calendar year, the municipal year, the financial year, the school year or to what year? Also state whether the. payment you propose to allow the teachers and superintendent " for July and August of the present year" is for services rendered to the city in their several capacities prior to the close of the last school term which ended in July 1873, or for services to be rendered by them in the school term which will commence on the first day of September next ensuing. Yours truly, THOMAS A. DOYLE, MAYOR. REP LY OF THE CITY AU DITOR. THE CITY OF PROVIDENCE, CITY AUDITOR'S OFFICE, August 15, 1873. HON. THOMAS A. DOYLE, MAYOR: DEAR SIn; Your favor of this date is received, and in reply thereto I beg to say that the by term " present year" as expressed in my communication addressed yesterday to the Chairman of the Joint Committee on Education, I had reference to the year for which the teachers were appointed by the School Committee viz. from July 1873 to July 1874. As to the question of services rendered by the Superintendent and teachers of the public schools, the City Auditor in my opinion is not supposed to know any more about that than about the services rendered the city by any other officer. His duty is done when he satisfies himself of the time from which the person is to serve and the time when such service ends, and in the matter of the Superintendent and teachers of the public schools, I consider it is very plainly expressed in a bylaw of the School Committee entitled "Appointment and resignation of teachers." Very respectfully, JAMES M. CROSS, CITY AUDITOR. LETTER FROM THE MA YOR TO THE CITY SOLICITOR. MAYOR' S OFFICE. CITY OF PROVIDENCE, August 18, 1873. CHARLES H. PARKHURST ESQ, CITY SOLICITOR. DEAR SIR; Will you be kind enough to inform me what changes have been made in the salary ordinance, relating to the salaries of the teachers of 14 CITY DOCU UME2T. lNo. 21. the public schools within the past five years, or since the enactment of the present city charter. Also what power the School Committee have to make by-laws or regulations affecting the terms of payment of the salaries of the Superintendent and teachers of the public schools. Your early reply will oblige, Yours truly THOMAS A. DOYLE, MAYOR. REPLY OF THE CITY SOLICITOR. CITY SOLICITOR'S OFFICE. 1 CITY OF PROVIDENCE, August 18, 1873. HON. THOMAS A. DOYLE, MAYOR: In answer to yours of to-day inquiring " what changes have been made in the salary ordinancle since the adoption of the City Charter, relating to the salaries of the teachers in the public schools" and " what power the school committee have to make by-laws or regulations affecting the terms of payment of such salaries." I beg leave to say that the first salary ordinance passed under the present City Charter (March 26, 1867,) contains the following language. "SECTION 1. The salaries to be paid to the several City Officers for the year ensuing the first Monday in June, A. D. 1867, shall be at the following rates, payable quarter yearly unless herein otherwise ordered. SEc. 3. The Superintendent and teachers of the public schools shall be allowed and paid annual salaries to be fixed by the school committee, not exceeding the following sums." X' -4' The language of the salary ordinance approved March 13, 1868, fixing the salaries of the teachers for the year ensuing the first Monday in June, A. D. 1868, is the same except dates, as the ordinance of 1867. The salary ordinances approved March 29, 1869, March 28, 1870, March 24, 1871 and April 29, 1872 are the same in their general language as the ordinance of 1868. December 4, 1872, an amendment was made to the salary ordinance of 1872, providing that the salaries of the Superintendent, and teachers of the public schools and the Secretary of the school committee should be paid monthly, on the first Saturday of each month. The ordinance passed May 5, 1873, provides as follows: SECTroN 1. The salaries to be paid to the several City Officers from and after the first Monday in June, A. D. 1873, shall be at the following rates per annum payable quarterly unless herein otherwise ordered. SEC. 3. The Superintendent and teachers of the public schools shall be allowed and paid monthly salaries to be fixed by the school committee not exceeding the following sums per annum. viz: In relation to the powers of the school committee I have to say that they derive their powers solely from the ordinances of the City Council. Chapter 58, of the General Statutes, section 10, provides that the public schools of the City of Providence, shall continue as heretofore, to be governed according to such ordinances and regulations, as the proper city authorities may from time to time adopt. T AG'CEERS' SALARIIB. 1 The ordinance of the City Council pages, 160 and 161 of the city ordinance, of 1854, gives to the School Committee power among other things, to fix the compensation of the teachers, within the limit prescribed by the city councils and power to expend the school appropriation except so much thereof as is required for payment of teachers' and superintendents' salaries, and excepting specific appropriations. They also have power to make regulations not repagnant to the laws of the state, or the city ordinances. Any regulation therefore adopted by the school committee which affects the times of payment of the teachers salaries in such way as to make such payments at different times than provided by the ordinances is wholly invalid. The committee have no power whatever over the times of the payment of such salaries. The regulation of the school committee, (article 5. sec. 6. of the school manual of 1871,) so far as it was not in accordance with the salary ordinance of that year, was inoperative and void, and no payments were properly made under its authority, nor were the school committee authorized to make any contracts to pay teachers contrary to the terms of the salary ordinance of that year. Your obedient servant, CHARLES I. PARKIEURST, CITY SOLICITOR. $16 CECTY JKT O CUMNT o. 21. DR. EDWARD H~. CUTILER IN ACCOUNT WITH THEE 1865. July 28. To cash this date..O*.O....On............................... $400 00 Nov. 24. do................... O o o....................... 400 00 1866. Feb. 16. do.........OOO............OOOOOOOD................ 400 00 1May 11. do.................................. 4 eo00 00 July 13. do................................** *eo......* 400 00 Nov. 23. do........................ 0 0 eooo.................... 462 50 1867. Feb. 15. do............................... o..... o o o o o o 462 50 MIay 10. do.................................. s.... 46i2 50 July i2. do....O......................................... 462 50 Nov. 22. do.. 040 O.......................................... 462 50 1868. Feb. 14. do....000....000....00..00......00...............000...... 462 50 May 8. do.......................................... 462 50 July 10. do.0........... OO............................. 462 50 Nov. 200 do............ I e......... O. O............ 462 50 1869. Feb. 12o do. O...................................... OOOODOO OOO O.... 462 50 May 7. do. D..........................................E 462 50 July 90 do.................................... o o oooooooooooooo o.......o o 475 00 Nov. 12. do.......... O 000.............................D. O 475 00 1870. Feb. 4, do.......... OOO........ O.......................O 475 00 April22~ do.......I..........I...................... 475 00 July 1. do............................................ 475 00;Nove. 12o do..................................... o........O 475 00 1871o Feb, 10.. do....Ooooo.....................................O 475 00 May 12. do o Ie....o............ e o o............o e 0 475 00 June 30. do.......o...eo e..........................e. 475 00 Oct. 1. do..................................... OO........0 550 00 1872. Jan. 1. do....................Oooo o D Q OOO OB.....................De 550 00 April ]. do....................................... 550 00 July 1 do LOO............................. eo............o. 550 00 Oct. do. o.......... OOOOO............................... 550 00 1873. Jan. 1. do.....................DO.......................o 5 O Feb. 1 do.. oe........................................ 183 34 Feb. 28, do.......... O O...............................OBO DO IOO. 183 33 MHar. 31. do.............. ebooeO........................ 183 33 Akpr. 30. do........................O...O.O..OO..O O. 183 33 May 31. do. OOO..........................................O 183 33 June 30. do.............................. 183 33 $15,762 49 TEAICHER$ SALARIEBS. CITY OF PROVIDENCE, C 1865. Aug. 31. By services as teacher in the Hligh School for the last quarter of the year at $1,600 per annum............... $400 00 Nov. 30. "services as teacher in the High School for the first quarter of the year at $1,600 per annum......................... 400 00 1866. Feb. 28. By services for the second quarter at $1,600 per annum... 400 00 May 31. do. third do. do, 400 00 Aug. 31, do. fourth do. do. 400 00 Nov. 30. do, first do. at $1,850 per annum, 462 50 1867. Feb. 28. do. second do. do. 462 50 May 31. do. third do. do. 462 50 Aug. 31, do. fourth do. do. 462 50 Nov. 30. do. first do. do, 462 50 1868. Feb. 29. doo second do. do. 462 50 May 31. do. third do. do. 462 50 Aug. 31. do. fourth do. do. 462 50 Nov. 30. do. first do. do. 462 50 1869, Feb. 28. do. second do. do. 462 50o May 31. do. third do. do. 462 50 Aug. 31. do. fourth do. at $1,900 per annum 475 00 Nov. 30. do. first do. do. 475 00 1870. Feb. 28. do. second do. do. 475 00 May 31. do. third do. do. 475 00 Aug. 31. do. fourth do. do. 475 00 Nov. 30. do. first do. do. 475 00 1871. Feb. 23, do. second do, do. 475 00 May 31. do. third do. do. 475 00 Aug. 31. do. fourth do. do. 475 00 Nov. 30. do. firs; do, at $2,200 per annum, 550 00 1872. Feb. 28. do. second do. do, 550 00 May 31. do. third do. do. 550 00 Au,. 31. do. fouribh do, do. 550 00 Nov. 30. do. first do. do, 550 00 1873. Feb. 28, do. second do. do. 5.50 00 MIay 31. do. third do. do. 650 00 Aug. 31. do. fourth do. do. 550 00 $15 762 50 3 18 C~~PITY DOCUMENJT. Xo. 21. ACCOUNVT WITH MRJ. CUTLER. Public Schools, City of Providence, to Edward H. Cutler, Dr. For services as teacher in Public Schools for term ending July 28, 1865... OOO4......................................................... O O. $400 00 Received Payment, EDWARS D H, CUTLEY, (Signed. ) Examined and found correct, (Signed.) DANIEL LEACH, Superintendent of Public Schools. Public Schools, City of Providence, to Edwvard R. Cutler, Dv, For services as teacher in Public Schools for term ending November 24, 1865 o......o o o o o o o o o o o $ s o o400 00 Received Payment, EDWARD HUTCHINS CUTLER. (Signed,) Examined and found correct. (Signed.) DANIEL LEACH, Superintendent of Public Schools. A similar bill for term ending February 16, 1866,................ $400 00 do. do. May 11, 1866........................ 400 00 do. do. July 13, 1866. 0....0...e........O... 400 00 do. do. November 23, 1866................... 462 50 do. do. February 15, 1867...................... 462 50 do. do. May 10, 1867 1.................. 462 50 do. do. July 12, 1867...........o.............. 462 50 do. do. November 22, 1867................. 462 50 do. do. February 14. 188............... 462 50 do. do. May 8, 1868......................... 462 50 do. do. July 10, 1868..,...,............... 462 50 do. do. November 20, 1868................... 462 50 do. do. February 12, 1869..................... 462 50 Here the bills end, and from this time a schedule was made out and signed by the teachers as they were paid. Schedule for term ending May 7, 1869........................ $462 50 do. July 9, 1869.................... 475 00 do. November 12, 1869...................... 475 00 do. February 4, 1870...... 0................. 475 00 do, April 22, 1870............................ 475 00 do. July 1, 1870............................ 475 00 do. (Paid, November 12, 1870.)................ 475 00 do. February 10, 1871........................ 475 00 do. May 12, 1871........................... 475 00 do. June 30, 1871............................. 475 00 do. October 1, 1871........................... 550 00 do. January 1, 1872........................... 550 00 do. April 1, 1872.......,.................. 50 00 do. July 1, 1872.............................. 5o 00 do. October 1, 1872......... 5 50 00 do. Januury 1, 1873...................... 550 00 Schedule for the month ending -1 ebruary, 1, 1873...................... 183 34 do. February 28, 1873.o................... 183 33 do. March 31, 1873........................ 183 3 do. April 30, 1873.......................... 183 33 do. May 31, 1873......,,.,,, o....... 188 33 doo June 30, 1873............. o.... o 183 33 I PEORJ OF THE 1JO1T STA NDIXN COMMITTEE ON EDUCATIO~N To THE HONORABLE THE CITY COUNCIL: The Joint Standing Committee on Education to whom was referred on August 18th, 1873, a message from the Mayor, returning, without his approval, Resolution No. 152 of the City Council, beg leave to report: The Mayor objects to the passage of this resolution, which provides for the addition of twenty-five thousand dollars to the appropriation for Public Schools, partly from the irregular and hasty manner in which it was presented to the Council by the Committee on Education, but mainly because the superintendent and teachers, "with few exceptions," are not entitled, in his opinion to receive monthly salaries for the months of July and August, 1873. In considering the last, and most important objection, we first ask your attention to the laws governing the appointment and payment of teachers. I"An Ordinance in relation to Public Schools" found on pages 160 and 161 of City Ordinances of 1854 provides: " SECTION 4. The School Committee shall appoint, annually. a superintendent and such teachers as they may deem expedient, who shall perform such duties as said committee may, from time to time, prescribe. The superintendent of Public Schools, and the teachers therein, shall receive such compensation for their services, respectively, as the School Committee shall, from time to time, determine, Provided such compensation shall not exceed the rate fixed by resolution of the City Council." 20 CITY D O CUMENT. No.21. The powers conferred upon the School Committee by the first clause of this section have never been changed, or limited, by subsequent enactments of the City Council. This clause clearly gives to the School Committee authority, annually, to appoint teachers, and to prescribe their duties. The by-laws of the School Committee provide: ART. VI. SEC. I. "At the regular meeting at the close of the last term, the appointment of the superintendent, and that of every teacher, SHALL EXPIRE, and a new election shall then take place." The authority of the School Committee to make this bylaw cannot be denied; the validity of appointments made under it has never been questioned. It has remained substantially unchanged for more than twenty-five years and during that period has been the only existing law regulating the election of teachers, and declaring when their appointment should expire. The second clause of the section of the ordinance first quoted, gives to the School Committee, the right to determine the salaries to be paid to the teachers within certain limits. The salary ordinance of the City Council, passed May 5th, 1873, and now in force, provides. 6"SEC. 3. The superintendent and teachers of the public schools shill be allowed and paid monthly salaries, to be fixed by the School Committee, not exceeding the following sums per annum, viz:" On the third cay of July, 1873, that being the date of 6" the regular meeting at the close of the last term," and all appointments made July 3, 1872, having expired, the School Committee, acting in strict conformity to the laws quoted, ap. pointed a Superintendent and teachers for the 6' year ensuing" that is, until the "6regular meeting at the close of the last term" in July, 1874. All the terms of this agreement were plainly understood, and expressed. The beginning and ending of the year of appoint TEA CHZERS' SALARIES. 21 ment were clearly fixed. The time of active service required within this year, was stated in Art. 5, Scction 1, of the ByLaws of the School-Committee, as'"in all forty two school weeks,' beginning on " the first Monday in September," and ending in July. The School Committee fixed, within the limits prescribed, the annual salaries of the superintendent and teachers thus appointed, and the City Co:incil ordered that these salaries'should be paid in monthly installments. The first of August, one month of the year of their appointment having expired, and one-twelfth of their salary being due, the teachers accepting and ratifying their appointment, applied to the City Treasurer for their pay. No contract could be more simple and explicit in its terms, and you, representing the city of Providence, are now asked to carry it into effect, not, as has been unjustly said, from "' sympathy for the teachers " but because you are bound in honor, in justice and in law. It is true that if you allow this unexpected and unwarrantable violation of the city's promise to pay, you will, without cause, inflict upon the teachers much inconvenience and some suffering, and you will be denied the poor excuse of economy for your repudiation, for-however the facts may be twisted-the city can gain nothing in money, by adopting a course so contrary to all rules of equity. In the face of these facts the Mayor, in his veto message, asks you to summarily refuse payment to two hundred and twenty teachers, under a contract fairly entered into, on the ground that he has an idea that some indefinite but large portion of them were overpaid two years ago. Your Committee affirm, upon the evidence of the vouchers in the possession of the city, the by-laws and records of the School Committee, the official acts of the Superintendent of Public Schools, the Secretary of the School Committee, Committees on account of the School Committee and City Council, the City Auditor, and the Mayor, that has no overpayment or prepayment of teachers has been made at any time. In the discussion of this question it is important you should remember that the payments claimed on the first of August and September, 1873, are dulesolely under and on accoulnt of 22 CITY D OCUMBNTo No. 21. the contract of July 3d., 1873. The teachers of the last year that is, those appointed July 3, 1872, and whose year of apo pointment and service ended July, 3, 1873, had, on this latter date performed all the service the city required of them, and had been paid their salary in full, and no obligations for the future existed between the parties. They were paid one quarter of their salary Oct. 1, 1872, one quarter January 1, 1873, and one-twelfth on the first of each of the six following months. It is also important to examine the different methods which have been employed in the payment of teachers, and the date and character of the changes made should be very carefully borne in mind. For at least twenty five years prior to July, 1871, payments were made by the term. The year of service being divided into four terms, one quarter of the annual salary being paid at the close of each term. These terms were of varying and unequal length, but payments under this system, were usually made in November, February, May and July. Notwithstanding this irregularity of payments, the proper amount was always paid within the year of appointment, and it is not claimed that any over-payment occurred under this system. The consideration of any seeming inconsistencies in payment, will be greatly simplified, if we apply to each case the measure of time in use, when the payment was made. Under this system of paying, by using quarters or months as the measure, when terms were the actual standard used, we could easily seem to prove an overpayment in the last part of every year from 1845 to 1871, and we could as easily prove that teachers were not fully paid in the first part of the same years. July 12, 1871. a committee consisting of Messrs. Burrington, Potter and Rugg, reported a by-law to the school committee which was adopted as Article V, Section 6, as follows v " The salaries of the superintendent, teachers, and all other school employees, shall be paid quarterly on the first of October, January, April and July." 'EACriERS SALAbX: So 23 The city paid salaries in accordance with this by-law from October 1, 1871, to January 1, 1873. In December, 1872, the city council passed the following ordinance, this being the first instance in which they had undertaken to fix, definitely the time at which the teachers' salaries should be paid: "It is ordained by the City Council of the City of Providence as follows: SECTION L. The salaries of the superintendent, secretary of -the school committee, and teachers of the public schools, shall be paid in equal monthly payments, on the first Saturday of each month. SEc. 2. This ordinance shall take effect on the first day of January, A. D., 1873; and so much of the ordinance to which this ordinance is in amendment is hereby repealed." We ask your attention to the language of this ordinance, which was prepared by the city solicitor. It provides in the first section that the teachers' salaries shall be paid in equal monthly payments on the first of each month, and in the second section affirms and recognizes the fact that the city was at that time paying salaries, under the by-law of the school committee above referred to. The salary ordinance of May 5, 1873, already quoted, does not change the manner of pay. ments from that of December 1872, the last payment for June having been made under the present ordinance. Through the courtesy of the city auditor we present with this report, for your examination, the original vouchers prepared and received by the city under each of these systems. They show a continuous succession of payments which were invariably made for a period of time, whether term, quarter, or month, prior to and ending with the date of payment. In no case is any over-payment shown by two vouchers covering any portion of the same time. The last voucher taken under the system of paying by terms was, as we have shown for a term " ending June 30th, 1871." The next is for the quarter "ending October 1, 1871." Thence continuing by regular intervals of three months until and including January 1, 1873. February 1, 1873, under the ordinance of December the 24 CITfY DY OCUM To NOD 2i. first voucher is for one month ending January 31st, 1873; from this time by regular intervals of one month up to the last voucher taken, for the month " ending June 30, 1872." You will observe that the last payment in each year has uniformly been made at the close of the the term, and of the year. No evidence but these vouchers is needed to show that the Mayor's position is wholly indefensible. But it is insisted that the payment made Oct. 1, 1871, and those which followed, were not what they seerned, but were for' two months salary in advancer" that the "' School Com. mittee had never taken into account the date of election " in paying salaries, but have paid G from Sept. lst."1 The language used in Art. V., Sec. 6, of the By Laws of the School Committee seems very plain. By it, they voted in July, to pay a quarterly salary on the first of October. No other construction could have been put upon it, than that which was, viz.- of paying on Oct. 1st, teachers elected June 30, their salaries from the date of their election, for the months of July, August and September. We have the authority of the chairman of the committee, who prepared and presented the amendment, that they intended to pay from the date of election, and that no dissent was at any time expressed as to the propriety of this course. The M:tyor presided over the school committee when the Bylaw was passed and did not object to its terms, or its manifest effects. In evidence of the intention of the School Committee, and to show how the law was understood and interpreted by the official representatives of the School Committee and City Council, we invite your close attention to the correspondence appended to this report, numbers one to seven inclusive. You will notice that these gentlemen are all agreed in stating that payments were made, as was evidently intended by the law, from the date of election. Their evidence, which is certainly entitled to the highest respect, corroborates in every respect the correctness of the vouchers, and leaves no doubt as to the fact, that the payments were properly made. The superina TEACJH~ERS' SALARIES. 25) tendent of Public Schools and secretary of the School Corn mittee state that the schedule for Oct. 1, 18715 was made out from date of appointment, after consultation with the City Solicitor, and in accordance with his directions. The M Ayor claims that the School Committee decided in the case of the principal of the Benefit street grammar school that the year lor the payment of salaries begins September 1st. The gentleman referred to was elected in July, 1870, at a salary of eighteen hundred dollars per annum. Teachers at that time were paid, as we have shown, by 6 terms." Nov. 12, at the end of the first term, he was paid one quarter of his salary, or four hundred and fifty dollars. January 3d, 1871, in the middle of the second term, he resigned and was paid one half of a term's salary, or two hundred and twenty-five dollars, making in ail, six hundred and seventy-five dollars. If the payment had been made from Sept. Ist, he would have been entitled to four months salary, or six hundred dollars. The School Committee only decided in this case that the payments made were in accordance with the method in use at the time. They certainly did not decide that payments should be mad(e from Set. Ist, as they had previously on the same evening (July'12, 1871) voted to pay quarterly salaries on the first of October. On the point that the year for the payment of salaries begins in September, the Mayor also submits ART. V. SEC. I. of the by-laws of the School Committee as follows: L ART. V. SEC. I. The school year shall begin on the first Monday in September, and shall be divided into four terms; the first term shall close on the Friday preceding the last Thursday in November, and be followed by a vacation ot one week; the second term shall close on the second Friday in February and be followed by a vacation of one week; the third termn shall close on the last Fridav in April, and be followed by a vacation of one week; the fourth term shall be so many weeks as will makne, in all, forty two school weeks for each year, and be followed by a vacation until the commencement of the next school year.' The 6" school year " here defined is undoubtedly the year of 4 26 CITY DOCUMEzNT, No. 21. service. It is described as containing "in all, forty-two school weeks" beginning in September and ending in July. This could not be the year in which annual salaries are to be paid "Cmonthly." This is proven conclusively by the cases cited by the Mayor in 1867, 1868, and 1869. In these years, with this by-law unchanged, ART. VI, SEc. I. being changed from the 6"regular meeting at the close of the last term" to the " regular meeting in May" teachers were appointed in May and actually performed one term's service, and received one quarter of their pay, before their year hTad commenced, under the Mayor's theory. Not one particle of evidence exists that any regular payment of salaries has been made, or ought to have been made, from September 1st. No person has had better opportunities for knowing this fact than his Honor the Mayor. October 19 1871, he was paid by the city treasurer three months' salary, for each of two teachers appointed June 30, 1871, and signed with his own hand a voucher for the same for a period 6 ending October 1." Did he suppose the payments were from September 1st? He had received salaries for the same teach~ ers under the schedules of May 12 and June 30 preceding this payment. October 4, 1872, he made a draft upon the city treasurer (a copy of which is appended to this report, marked No. 8) for $33,835 256100 for the purpose of paying three months' salary to teachers, which he, as president of the school committee, had assisted in electing July 3, 1872. He was as well acquainted, and for the same reasons, with the details of the schedule of October,'72, as that for October,'71. It is fair to presume that he has very recently discovered that sal.aries should have been paid from September, and that he did not know that he was making an overdraft upon the city treasury to the amount of more than twenty thousand dollars for each quarterly salary schedule from October, 1871. Another objection which the mayor urges against paying teachers under the ordinance, is that it places the vacation in advance of service. Under existing laws this is inevitable The present committee on education distinctly disclaim any responrsibility for this policy; they find it in existence, and TEACHERS' SALARIES. 27 will leave its defense to its originators. It was established by the school committee; it was carried into effect, acceded to, and acquiesced in. by the official representatives of the school committtee and city council. It was expressly recognized by the city council itself in the amendment to the salary ordinance, made December, 1872. Your committee early in July pointe i out the defects of this policy of paying for the vacation at the beginning of the year, and called your attention to the abuses to which it was liable. Subsequently, by direction of the common council, we reported an ordinance in amendment of the salary ordinance. This ordinance provided for paying the teachersin ten equal installinents on the first of each month from October to July inclusive. All these payments would be within the year of service, and also within the year of appointment. This ordinance passed the common council, but was not satisfactory to the Mayor or board of aldermen, and they did not see fit to amend it or propose any substitute therefor. As further evidence of prepayment, the mayor submits an account with E. HI. Cutler, Esq., teacher in the High School. The mayor claims that this account is made up from "the vouchers in the financial department." You will notice by the letter of the deputy city treasurer, submitted with this report, that these vouchers are kept in the auditor's office. Through the kindness of the latter officer we present with this report all the original vouchers received from Mro Cutler. Upon examination of the mayor's account it will be found that not one single entry on the credit side agrees with the vouchers presented. Take, for example, the first credit, for one quarter's service, August 31, 1865. The first voucher entitles Mr. Cutler to a credit, July 28, 1865, for services' for a term ending " that date. What right has the mayor to say that a receipt taken by the city eight years ago, for services to a certain time, did not mean what it said, but did mean a different period of service, ending at a different time? Ie could9 by the same process and with equal justice, have shown that Mr. Cutler had been prepaid a year's salary. 28 CITY DOCUMENT No. 21. Your committee present the account of Mr. Cutler with the city, up to July 1, 1873, made from "the vouchers in the financial department,"' the city auditor certifying to the correctness of the transcript. This account shows that Mr. Cutler has been paid to July 1, 1873, and for no period subsequent to that date. Mr. Cutler's salary for July, under agreement of July 3, is now overdue and unpaid. It is assumed by the mayor, that if the city carries out the terms of the present contract with the teachers, the city will lose the amount paid fbr their salaries for the months of July and August, and that by pursuing the policy he outlines in his veto message, this sum will be saved. WVere this true, and were it true that the teachers have all been paid, in accordance with the several contracts made between them and the city, your committee readily concede the policy by him marked out, to be a proper policy. Do we save anything? Yes, the interest upon two months' salary for a year and no more.'This is plain, for whether the year begins in July or September, it cannot be disputed that the city must pay the Superintendent and teachers the several amounts agreed to be paid each, by the School Committee in its action on the 3d of July last. If we follow the Mayor's construction we are simply put in the absurd position of paying a monthly salary fobr two months after the time of their appointment is ended, and when they are no longer officers or employees of the city. At what price, were we able to carry out such a policy, do we make this saving of interest? First, as we have shown, we save it at the expense of the repudiation of an express agreement made by the city, a price too great to pay in any event, but which in this case would be the more disgraceful by reason of its littleness. Secondly, We save it only by the toleration of the superintendent and teachers, for if they seek in the courts of law a remedy, it is not doubted by your committee that every teacher appointed on the 3d of July can recover one month's salary for July, and again, by another suit, one month's salary for Aug-ust. Thus should each seek his, or her, remedy TEACHERS' SALARIES. 29 promptly, the city would be burdened with over four hundred suits at law with what is deemed the certainty of paying, besides the salary, over four hundred bills of cost. In such an event the amount of cost the city would be obliged to pay would greatly exceed any interest saved. There is then no question of economy involved. There is no more money to be piad( under the resolution, and the policy it indicates, than under the one indicated by his Honor the Mayor, but as against the policy of repudiation (however small the repudiation may be) it enforces a policy, that preserves the good name of our city, in meeting its obligations at such times, and in such manner, as it has agreed, and prevents the risk of muleting the city in numerous law suits with their attendant expense. " An ordinance establishing a system of accountability,in the expenditure of money" provides: SEC. 2. "' In all contracts or expenditures to be made under the authority of the City Council, whenever tbe estimates shall exceed the appropriations specially made therefor, or whenever any committee shall have expended the sum specially appropriated for their use in the order of appropriation for the year, and in either case shall require a further sum, —it shall be the duty of such committee having such matter in charge, to submit the fact to the City Council for instructions accompanied with a detailed statement in print of the causes which have created the necessity for such application and the object for which the same is needed." On the sixth of August the City Auditor came before your committee and stated that there was no money to the credit of the Appropriation for Put:lic Schools to pay the teachers their salaries for July and August, and that for this purpose a further appropriation of twenty-five thousand dollars was required. In accordance with the provisions of the ordinance quoted, your committee presented these facts to the City Coun. oil in print. They then stated that the additional appropriation was made necessary by the change to monthly payments. When the appropriation for the financial year ending Sept. 30 CITY DOCUMENT. No. 21. 309 1873 were made, the teachers salaries were paid quarterly. Had this system continued, the salaries for July, August and September, 1873 would have been paid Oct. 1st, 1873, from the apyoropriation for the next financial year. We are now obliged to pay July and August within the present year. It will be remembered that appropriations are made for the year from Sept. 30, and the amount paid Oct. 1, 1872 from the present appropriation was for three months salary earned in the preceding financial year. If some plan of payment similar to the one recommended by your committee in July, should be adopted during the present year, the appropriation for the next financial year can be reduced twenty-five thousand dollars, from the estimates of the Committee on Education, pre. sented to the Council last month. In conclusion, the committee beg to remind the city council that the credit as well as the reputation of the city is entrusted to your care. The city is a large borrower, is now about to negotiate a large loan. Can you afford to have it understood that the city violates its obligations at pleasure? The honor and the interests of the city alike demand your prompt and emphatic disavowal of this senseless attempt at repudiation. Respectfully submitted, NELSON W. ALDRICH, X Commi]tee RAYMOND G. PLACE, I ducation I on Education ALLEN GREENE, f the HENRY R. BARKER, I iy Council. ADDISON Q. FISHER, J TEA CHERS' SALARIES. 31 LETTER OF CJYiAIRIM'AN OF COIMMITTEE. PROVIDENCE,, ACG. 22, 1873, DEAR SIR:-I find upon examination of the schedule of teachers salaries paid Oct. 1, 1871, that you approved the same as.- -. This purports to be quarterly payment made for a quarter " ending Oct. 1, ]871." In other words it seems to pay the the teachers appointed by the School Committee June 30, 1871, their. salary for the months of July, August and September of that year. Did you so understand it at the time, if not, for what period of time was the payment made? Yours, truly, (Signed,) NELSON W. ALDRICH, CHAIRMAN OF COMMIITTEE ON EDUCATION OF TTiE C)ITY COUNCIL. REPLY OF TEHE SUTPERINT ENDENT. OFFICE SUPERINTENDENT PUBLIC SCH()OLS, PROVIDENCE, A.ugust 23, 1873. NfELSON W. ALDRIC1H, ESQ., CHAIRMAN OF COMMIITTEE ON EDUCATION: DEAR SIR:-Yours of the 22d inst. has been received. In reply I would state, that the School Committee vote the salaries of the Teachers, and fix the time of payment; and the Superintendent has no discretionary power whatever, either to change the amount to be paid or the time of payment, and he never has done so in a single instance. The Teachers' bills have always been made out strictly in accordance with the vote of the School Committee and the ordinance of the City Council. In July, 1871, the School Committee voted that the teachers should be paid in quarterly payments: October, January, April and July. After this vote the quarterly bills were made out from July 1st to October 1st for all who were appointed at the annual meeting in July. For those who were appointed in September the bills were made out for one month-one third of a quarter. This was done after consulting the City Solicitor. The Teachers are required to certify their bills before they are presented to the Auditing Committee. All the Teachers, so far as I know, considered they were to be paid one quarter of their salary on the first of October, January, April and July, and they certified their bills with this understanding. In 1872 the bills were made out from July 1st to October 1st, precisely in the same manner as in 1871, with the approbation of the Committee, and no objection has been made, to my knowledge, till the present time. Very respectfully.yours, DANIEL LEACH, SUPERINTENDENT OF PUBLIC SCHOOLS. REPLY OF R. A. GUILD. NELSON W. ALDR'CrH, ESQ., CHAIRMBAN ON COMMITTEE ON EDUCATION OF THE CITY COUNCIL: DEAR Stry:-In reply to your note of inquiry bearing date August 22d, I would say, that when I affixed my name as Secretary of the School Commit CITY DOCUMENT. No. 21. tee, to the Schedule of Teachers' Salaries, paid October 1st, 1871, I understood it to be just exactly what it purports to be, viz.: a schedule of salaries for a quarter " ending October 1, 1871." At the annual meeting of the School Committee, held at the close of the Summer term or, in other words, on the 30th of June, 1871, the Superintendent, Secretary and Teachers were elected for one year, their term of office, according to the By-Laws of the Committee, having then e:xpired. This year I understood to mean, the period of time extending from this annual meeting of the School Committee until the next annual meeting, and to include the " school year," consistinll of one term of twelve weeks,and three terms of ten weeks each; or, in other words, consisting of forty-two. weeks. Of course the Teachers were paid during the years 1871-2, so much for service rendered in term time, and not for vacations. They have always been so paid, receiving their compensation or salaries, until within a, recent period, in quarterly installments at the close of each term. WVhen. however, the terms were changed from four to three, this mode of payment became impossible, and it was in consequence voted by the School Committee, to pay the Teachers their annual salaries in quarterly installments, on the 1st of October, January, April and July. I understand that the Teachers, including the Superintendent and Secretary, so received their pay. and that, at the annual meeting of the School Committee held at the close of the Summer term in 1872, they had served the time for which they had been elected. So with the succeeding year, ending in July, 1873. Of course I except the few to whom His Honor the Mayor refers, who were not appointed until the beginning of the past two " school years." The Superintendent, Secretary and Teachers have now, as I understand the matter. entered upon a new year, including vacation weeks, and forty-one or forty two school weeks, more or less, as the committee may decide. For these school weeks they are to be paid, according to a recent ordinance of the City Council, in MONTHLY INSTALLMENTS. By the term " monthly " I understand every month in the year, including July and August. Very respectfully and truly your friend and most obedient servant, REUBEN A. GUILD, EX-SECRETARY OF THE SCHOOL COMMITTEE. Brown University, Providence, August 23, 1873o RPEPLY OF E. M. TRIUJISTON'. PROVIDENCE, R. I., AUG, 23, 1873. NELSON W. ALDRICE, ESQ., CHAIRMAN OF COMMITTEE ON EDUCATION OF THE CITY COUNCIL: DE.AR SIR:-In reply to yours of the 22d would say, that in approving the schedule of the teachers bills and presenting the same to the School Commitee at their meeting in Sept., I did so because the amount called for was one quarter of the sum they were to receive for their services for one year and considered the quarter embraced the time from the close of the last term until the 1st of October, including July, August and September. I also remarked that the changing to monthly payments would cause the July ail, d August payments to be made when no services had been given. Yours, truly, E. M. THUIRSTON. TEACHERS' SALARIES. 3. REPL Y OF ED WATRD A. GREENE. PROVIDENCIOE, August 25, 1872. NELSON W. ALDRICH, ESQ., CHAIRMWAN OF COMMIITTEE ON EDUCATION OF THE CITY OF PRIOVIDEN(CE I DEAR SIR: —In reply to your communication of this date, I find, upon examination of the schedule referred to, that I approved of the same as a member of the Committee on Accounts of the School Committee. The Teachers for that year were appointed July 3, 1872. The language of Section 6 Article 5 of the by-laws of this School Committee, passed July 12, 1871, is as follows: "The salaries of the Superintendent, Teachers and all the other school employees shall be plaid quarterly on the first of the months of October, Januaryf April and July." I understood the payment made October 1, 1872, to embrace the quarter ending that date. Yours respectfully, ED.VARD _A_. G lEENE. REPiL OF HIENR Y A. C ORY. VINEYARD GROVE, AUGUST 24, 1873. DEAR SIR: In reply to yours of the 22nd inquiring "as to what was the understanding of the committee on accounts in regard to the schedule of teachers salaries, approved in said committee at its meeting next preceeding the 1st of October 1871," would say, that —though I have no recollection of any question having been raised in the committee as to the period of service covered by said schedule,-my own understanding,-and I think I may safely affirm that also of my associates upon the committee was.-that it was a claim in full, for one quarter's services, already rendered and fully complete to October 1st, 1871, or in other words,-covering the months of July, August and September 1871. Yours truly, HENRY A. CORY, Chairman Committee on Accounts in City Council, for years 1870-71, City of Providence. NELSON W. ALDRICH, EsQ, Chairman Committee on Education, City Council, City of Providence. REPL Y OF THE CITY A UDITOR. CITY AUDITOR'S OFFICE. 1 PROVIDENCE, August 25, 1873. N. W. ALDRICH, EsQ, CHAIRM1AN: DEAR SIR:-In answer to your communication of the 23rd inst, I will make the following statement. 5 it[ 34 CITY DOCUMENT. No. 21. In 1871 not long before the regular meeting of the school committee, which was held at the cluse of the last term of the school year, viz: June 30th, I was called upon by the superintendent of schools and the secretary of the school committee in reference to the quarterly payment of the teachers' salaries. My opinion at that time was, that they could not be paid otherwise than as they had been without the action of the school committee, or of the city council. They informed me that the city solicitor (Mr. Parkhurst,) had decided that under the salary ordinances the teachers were entitled to their pay quarterly. At the next meeting of the school committee, or before another payment was due, they passed the following by-laws.'- A.r1TICLE 5. SEC. 6. The salaries of the superintendent, teachers, and all other school employees, shall be paid quarterly on the first of the months of October, January, April and July." *' ARTICLE 6, SEC. 1. At the regular meeting at the close of the last term, the appointment of the superintendent and that of every teacher shall expire, and a new election shall then take place." The superintendent and teachers were elected June 30th, 1871. In the month of September following, a schedule of the salaries of the teachers for the quarter ending September 30th, 1871, was left at this office to be audited and paid under the decision of the solicitor and the action of the school committee, as above stated. I have no doubt in mny mind but that the teachers were entitled to their pay for the months of July, August and September. and the schedule was audited and paid without the first question being raised by any one to my knowledge, as to the propriety of so doing. Very respectfully, JAMES M. CROSS, CITY AUDITOR. CITY OF PROVIDENCE, 2 MAYOR'S OFFICE, OCT. 4, 1872 | $33,835 25-100. The City Treasurer will pay to the order of the City Auditor thirty-three thousand eight hundred and thirty-five 25-100 dollars, amount of salary schedule for public schools. (Signed) THOMAS A. DOYLE, MAYOR. Allowed in Committee of Accounts, (Signed) W1V. yW. PAINE, CHAIRrMAN LETTI70R DTO DEPUTY CIgT 22R'EASURER. PIROVIDENCE, AUG. 25, 1873. JOHN G. MASSIE, RESQ., DEPUTY CIr'Y TREASURER: DEAR SIR: Alre there any vouchers in the office of the City Treasurer, or do you know of any in the possession of the City, outside of the City Auditor's office. from which an account current of the City of Providence with E. H, Cutler, a teacher in High School can be made out. Yours, truly, (Signed,) NELSON W. ALDRICH, CHAIRMAN OF COMMITTEE ONI EDUCATION. TEA CHI.ERS'' S'ALARIESo 35 REPLY OF DEPUTY CITY TRtEASURER. CI TY TIREASUIRER' O0 FIIE. PROVIDENCE, AUgUSt 25, 1873. NELSON W. ALDRICH, ESQ, CHAIRMAN COMMITTEE OF EDUCATION OF THE CITY COUNCIL: DEARP SiR:-Your letter of the 25th instant asking if there were any vouchers in the office of the City Treasurer, from which an account current of the City of Providence, with E H. Cutler, Esq, as teacher in the H-Tigh school can be made, is received. In auswer thereto, I beg leave to say that there are no such vouchers in the office of the City Treasurer, nor do I know of any in the possession of the city, outside of the City Auditor's office, from which such an account can be made. Very truly yours, JOI-IN G. MASSIE, DEPUTY CITY TREASUIRER. 36 CITY DOCUMENT. No. 21. DR. EDWARD H. CUTLERP IN ACCOUNT WITH THE 1865. July 28. To cash this date................................. 400 00 L-ov. 24, do................................... 400 00 1866. F Teb. 16. Oo....... 400 00 MOay 11. do. i4.... *....O...l. I * b O *... 400 00 July 13. do.......................... 400 00 Nov. 23. do............I............................ 462 50 1867. Feb. 15. do..,........,............... 462 50 -May 10. do......................................... 462 50 July 12,. do............... I Ooo D.................. 462 50 Niov 22~ do n...............0 (s OOe............. 462 50 1868. Feb. 14. do............................................O..OO 462 50 Way 8. do,.....O V...................O 462 50 July 10. do,....................O................. 462 50 Nov. 20. d o....... O............................ 462 50 1869. Fleb. 12. do................................. 462 50 May 7. do.............................................DO 462 50 July 9. do........ o................ I....... 475 00 Nov. 12. do......*.o.,............OOO..O. o........... 475 00 1870. Feh. 4. do................. e O o o eD.................. 475 00 Apri l 22. do.,.. D... OOe............................... 475 00 July 1. do.... B................................9 475 00 _Nov. do....O. o o...............................o 475 00 1871. Feb. 0. do.......................... O 4e............ 475 00 Maay 12. do....... e.................................. 475 00 June 30. do....................I................. 475 00 Oct. 1. do.. O................................... 550 00 1872. Jan. 1. do..................................0 0950000 0 50 00 April 1. do.. O o o......................... e 550 00 July 1. do,........ I s..................I............ 550 00 Oct. 1. do................I..............I............ 550 00 1873. Jan, 1. do,. I.............................0O........ 550 00 ueb 1. do...........I..................I............. 183 34 do. 28. do........0........... o..o....o.............o.e 183 33 Mar. 31. do....... *...................................... 183 33 April 30. do........... o 0.. 0 D O O............................... 183 33 lMay 31, do........................................... 183 33 June 30. do.............................OO 183 33 $15,762 49 TEACHERS' SALARIES. 37 CITY OF PROVIDENCE, CR, 1865. July 28. By services as teacher in Public schools for term ending July 28 1865............................................. $400 00 Noov. 24. "' services as teacher in Public school for term ending this datse...................................................... 400 00 1866. Feb. 16. do. do. do. 400 00 May 11. do. do, do, 400 00 July 13. do. do. do. 400 00 Nov. 23. do do. do. 462 50 1867. Feb. 15, do do. do. 462 50 MIay 10 (10o. do. do. 462 50 July 12. do. do. do. 462 50 Nov. 220 do. do. do. 462 50 1868. Feb, 14. do. do. do. 462 50 May 8. do. do. (do. 462 50 July 10. do. do. do. 462 50 Nov. 20. do. do. do. 462 50 1869. Feb. 12. do. do, do. 462 50 May 7. do. do. do. o. 462 50 July 9. do, do. do. 475 00 Nov, 12. do. do. do. 475 00 1870. Feb. 4. do. do. do. 475 00 April 22, do. do. do. 475 00 July 1. do. do. do. 475 00 Nov. do, do, do. 475 00 1871. Feb. 0. 4lo. do. do. 475 00 May 12. do. do. do. 47.5 00 June 30. do. do. do. 475 00 Oct. 1, do. do. do, 550 00 1872. Jan. 1. do. do. do. 550 00 April 1. do. do. do. 550 00 July 1. do. do. do. 550 00 Oct. 1. do. do. do. 550 00 1873. Jan. 1. do. do. do. 550 00 Feb. 1. 6 services in the public schools for the month ending Feb. L" 1873.......................... o... ec.........o.eoo....o.. 183 34 66 28. do. do. do. 183 33 Mar. 31. do. do. 183 33 April 30. do. do. do. 183 33 May 31. do. do. do. 183 33 June 30. do, do. do. 183 33 $15,762 49 CITY AUDITOR'S OFFICE, PROVIDENCE, Aug. 25, 1873. I hereby certify that the above is a correct transcript of E. HI. Cutler's account with the City of Providence, from May, 1865, to July 1873, as per vouchers on file in this office. JAMES Mo CROSS, CITY AUDITORo