> 9 , /* r The Law Relating to School Commissioners — How to Improve the Country Schools. AN ADDRESS BEFORE THE NEW YORK STATE ASSOCIATION OF SCHOOL COMMISSIONERS AND SUPERINTENDENTS, BY ANDREW S. DRAPER, State Superintendent of Public Instruction, At Binghamton, N. Y., January 19, 1888. THE TROY PRESS COMPANY, PRINTERS. 1888. ACTION OF THE STATE ASSOCIATION OF SCHOOL COMMIS- SIONERS AND SUPERINTENDENTS. Victor, N. Y., January 28 , 1888 . Hon. A. S. Draper, State Superintendent of Public Instruction: My Dear Sir. — At the recent meeting of the New York State Association of School Commissioners and Superintendents the following resolutions were unanimously adopted, a copy of which the secretary was directed to transmit to you : Resolved, That we congratulate State Superintendent Draper upon his .successful administration of the vast educational interests centering in the Department of Public Instruction of this State, and assure him of our earnest support in all his worthy efforts. Resolved, That the thanks of this association be and the same hereby are tendered to the Superintendent for his presence at this convention, and his able, exhaustive and instructive address delivered before this association. Resolved, That he be requested to furnish a copy of $aid address, for distribution among the School Commissioners and Trustees of the State. Trusting that you may be pleased to comply with the request contained in the last resolution, I am, very respectfully yours, A. C. Aldridge, Secretary. AN ADDRESS. r » o A fO c> Mr. President, and Members of the State Association of School Commis- sioners and Superintendents: I am sensible of the compliment yon pay me when, in successive years, yon invite me to address this association, and I thank you very sincerely for the cordiality with which yon greet me. I have looked forward to this gathering with many anticipations of pleasure. I have expected to meet old friends and to form the acquaintance of many who, coming recently into office, would be here for the first time. My anticipations in this regard are being fully realized. As I may not have a better opportunity for doing so, permit me to express the hope now, that I shall not be debarred the* privilege of meeting personally, either in the convention hall or at the hotel where I am staying, all commissioners and superintendents who are in attendance upon this meeting of the association. While the superintendents in this State are eligible to membership in your association and, to some extent, avail themselves of the privileges thus extended to them, they have an organization and hold regular conferences of their own, and this gathering is, by common consent, essentially that of the school commissioners, and I know you will uphold me in so considering it. There are 113 school commissioners, whose jurisdictions contain half the people of the State and cover all the territory outside of the cities. These commissioners are elected by popular vote, triennially, and were so chosen at the last general election. In the 113 districts, forty-two commissioners were reelected and seventy new men and one new woman were chosen, and entered upon their offices upon the first day of the present month. The large number of changes has led me to depart from my usual custom of speaking extemporaneously and informally upon such occasions, and to prepare a written address in the hope that I might thus be able to say something which would endure longer and be of larger value to commissioners than would otherwise be the case. It is of much importance that commissioners shall gain an early and adequate appreciation of the duties and powers which the laws impose and confer upon them, and of that high moral responsibility 4 and accountability to the people under which they necessarily rest, not only because such duties are imposed upon them and such powers are given to them, but because these things are done in order to secure proper care and protection for and to advance and promote the well-being of that institution so dear to the people and so vital to their well-being, the public school system. The close connection which the law has created between the offices of school commissioner and State Superintendent, makes it essential, also, that we shall understand each other, that we shall construe and read the laws in the same way, to the end that we may not work at cross-purposes, but with one accord and with such concert and cordiality of action as can alone work a much-needed improvement in the country schools. I have therefore thought that the time which you might be able to afford me might be more profitably employed in discussing the laws touching the duties of school commissioners than in any other way. Proceeding to do this I will, for convenience, divide the subject and consider it under the following headings, viz. : 1. Alteration of School Districts. 2. The Supervision of Schools. 3. School-houses and Appurtenances. 4. Examination and Licensing of Teachers. 5. Revocation of Certificates. 6. Teachers’ Institutes. 7. Reports. 8. General Powders. Alteration of School Districts. There are few subjects about which commissioners will encounter more trouble and none which call for the exercise of greater care and sounder judgment than the alteration of school districts. From the beginning of school work in this State, the territory has been divided into small districts of such size as to bring a school within reasonable distance of each home, and to enable the people of each locality to set up such schools as they might be able, and to manage and control their school affairs largely in their own way. As the population has advanced, it has been necessary to rearrange districts and alter boundaries in order to meet the educational requirements of the people. This wall continue to be so as communities accumulate and increase, and as circumstances continually change. The school commissioner is the officer charged by law with the duty of determining when an alteration of districts ought to be made and of making it when, in his judgment, it seems advisable. He will find 5 himself frequently obliged to reach a conclusion as to whether a change in districts ought to be made in the face of strongly conflicting opinions of interested parties. A change which may meet the convenience of some may be very much to the disadvantage of others. One man wants an alteration made in order to bring his residence nearer to a school-house, when the doing so will cause 'another to be very much farther from the school than he is at present. Again, the school dis- trict is not only the unit of school government, but it is the unit for school taxation purposes as well. As one district becomes thickly populated and increases in wealth, it is inevitable that neighboring districts will seek the annexation, of a portion of that territory in order that the number of children which would be brought to them by annexation may bring a larger share of the public school moneys, and that the increase in taxable property may increase their revenues for school purposes and give them better schools on the one hand, or lessen their tax rate upon the other. . The demands for alterations in order to add to the taxable valuation of school districts have become more numerous and earnest since railroad lines have been so much extended. The school district which does not have a piece of railroad to bear a share of its expenses, has come to feel that it is not properly organized or fairly treated. Thus it will frequently be the case that applications for the alteration of school districts will rest upon no reasonable foundation, but will spring only from sinister or unworthy motives. Yet modifications will continue to be necessary, for growth in population and changes in circumstances are inevitable. When, therefore, an application is presented to a school commis- sioner for alterations in school districts, he is bound to determine, first, whether any alteration is advisable, and if so, whether the particular one proposed ought to be made. To reach this determination safely he must, without fear or favor, examine into all the facts and circum- stances. If all the persons affected in any way by the proposed alteration are in favor of it, the change may ordinarily be made with safety. If objection is made, the fullest inquiry should be entered upon. Such a question should never be prejudged, and much less should an officer, who has to determine it, commit himself in reference thereto before hearing all that is to be said bearing upon it. The average man is so constituted that he will acquiesce in defeat with reasonable complaisance if he feels that he has fairly had his “ day in court,” and that the determination arrived at was reached after full investigation and in the conscientious discharge of a public duty. But the average man is also so constituted that he will resent and repel any unfair or unjust interference with his interests by a public 6 officer, and lie is ordinarily ingenious enough to make his resentment effectual and troublesome. In short, every man whose opinion is of much account has in his breast a regard for fair play which cannot with safety be ignored or trifled with. It must always be respected. I recall with satisfaction an occasion, years ago, when engaged in the argument of a question before the Attorney-General of the United States, against older and abler counsel, and feeling that unfair argu- ment was being resorted to and underground operations were at work to influence the determination, I said so, and, what was more important, succeeded in getting the Attorney-General to feel so too, for with some warmth he brought his clinched fist down upon the table, with the remark : “ Young man, what you want here is a fair show!” “Yes,” I replied, with my heart in my throat. “Well, you shall have it,” and I did. What every man wants everywhere and every time is a “ fair show,” and he will have it in a matter so closely affecting his personal and property rights as the alteration of boundaries, so as to transfer him from one school district to another. And yet, as I have already said, the public and general good sometimes requires that such changes should be made, even against the objections of persons affected thereby. I cannot discuss at length the considerations which should guide a commissioner in determining a matter of this kind, but the following general observations may be of service : 1. The reasons adduced in favor of the alteration should preponder- ate before it is decided upon. If the arguments for and against the change are about equal, do not make it. 2. Before an alteration is made it should appear that the educational interests of the greater number of the people affected by the change will be promoted by it, and that great violence will not be done to any. It may be proper to make an alteration, even when it will be greatly to the inconvenience of a few individuals, but in that case the advan- tages to the greater number must overbalance the disadvantages wdiich a few will suffer. No change should be made which will prac- tically, and in effect, deprive any one of the privileges of the schools. Where a patron resides nearer a school-house in another district than the one in his own district, and wishes to be set off, it may be done, unless d >ing so will w r ork injury to other and stronger interests. 3. A change should not be made which w r ill make a weak district weaker, and a strong district stronger, unless the reasons therefor are overpowering. 4. An alteration should not be made only for the purpose of equaliz- ing valuations. It is a consideration which ought to count to some extent, but ought not to be the controlling one. 5. The only excuse for weak districts is that the territory is thinly settled, and that it is impossible to make a district of proper strength without having the distances of residents from the school-house so great as to be impracticable. Districts should be strong, so far as may be, without encountering this difficulty. The cases are rare, if indeed there are an}^, where it would be proper to separate the same village into different school districts. 6. Districts should not be laid out so as to cross town or county lines, unless the convenience of people clearly requires it and any other arrangement is wholly impracticable. On the other hand, where districts are already so laid out, an alteration which would bring each school district within a single town, should be favored unless there are strong reasons against it. 7. Irregularities in district boundaries should be avoided and corrected so far as reasonably practicable. These, it strikes me, are general principles which may safely and advantageously be followed in deciding, after the facts have been clearly ascertained, whether or not an alteration of districts should be made. When an alteration is determined upon, the commissioner, in order to effect it, will take the several steps laid down with particu- larity in the statute, and which I need not here recapitulate. It must always be borne in mind that the proceeding is strictly a statutory one, and that any failure to fully comply w T ith all of the requirements of the statute is fatal, and will render the proceedings void. I need only add in this connection that when an alteration is made the commissioner should require that the districts affected thereby should be carefully surveyed, and his order should describe all of the boundary lines by metes and bounds so that any competent surveyor can run them without difficulty. There are many appeals to the State Superintendent from the acts of commissioners in altering school districts. Indeed, it is seldom when an alteration is warmly contested that it does not reach the Department. It may interest you to know that upon the examination of such a case there, the processes of the commissioner are exactly reversed. The first question is, has the commissioner acted regularly and strictly as provided by the statute ? If it is found that he has not, that ends the matter, and his order must be reversed. If the proceedings are regular, then the question is, was the action advis- able ? The order of the commissioner is confirmed unless it is clearly shown by the appellant that it was unwise. What the lawyers call the “ burden of proof ” is upon the appellant. He must show by over- whelming evidence upon this branch of the case that the commissioner acted unfairly or unwisely, or he must fail in his appeal. 8 The Supervision of Schools. School commissioners are supervisory officers. They have larger powers than are given to the city superintendents, the corresponding officers in the cities, and properly so, for they have more difficult fields, and it is much more difficult for them to exercise their powers effectually. There are 11,253 school districts in the State in charge of 113 school commissioners. If the school districts were equally divided into commissioner districts each commissioner would have qharge of 100 schools, as near as may he. But, of course, this is impracticable, and the number of schools which each commissioner has under his supervision varies from sixteen in Kings county, to 198 in the second district of Steuben. This latter district is, by the way, far too large, and the law which permits the continuance of districts even approach- ing it in size needs early modification. City schools cannot succeed without close and adequate supervision, and country schools ought not to be expected to. The Governor of Massachusetts, in his recent annual message, said very pertinently: “ The schools in the cities and larger towns are steadily improving, but in many of the smaller towns they are poor and the attendance upon them neglected and irregular. This state of things will continue until the schools of these towns are supplied with special and efficient superintendence. Experience has abundantly proved that wherever the superintendence of the schools is good the schools are also good.” The State of New York undertakes to supply such superintendence through the school commissioners. Let us read the statute, touching this matter of supervision, together. It says it shall be the duty of the school commissioner “ to visit and examine all the schools and school districts within his district as often in each year as shall be practicable.” It does not exact impracticable or impossible things, but it does exact as frequent visitation of the schools as is practicable. It does not contemplate that commissioners shall' follow some other regular employment and visit and examine the schools between times, or when they can conveniently find nothing else to do. It means that a commissioner’s time shall be devoted to a com- missioner’s work, and that when not engaged in other commissioner’s work he shall be about his district visiting and examining schools. The law directs him “ to inquire into all matters relating to the management, the course of study and mode of instruction, and the text-books and discipline of such schools; to advise with and counsel the trustees and other officers of the district in relation to their duties, and to recommend to the trustees and teachers the proper studies, discipline and management of the schools, and the course of instruction to be pursued.” 9 This is not an obsolete statute, and these are not merely perfunctory duties. They are substantial and essential to any general progress. They are the duties of the commissioner and of no one else. If he fails to perform them, they will go unperformed, and the schools will surely suffer the consequences of neglect. The law says he shall visit and examine the schools. As the law is not satisfied by such visitations as it is wholly convenient and pleasant for the commissioner to make, neither is it satisfied by visitations which are not accompanied by examinations, nor by examinations which are such only in form. When the law places a duty upon a public officer, it assumes that he shall qualify himself to ^discharge it. The supervisory duties of commissioners are special, and, to a certain extent, they are of a professional nature. Even one of good general education must read and investigate and think before he begins to be qualified for these duties; he must continue reading, investigating and thinking; he must keep abreast of the current educational thought of each passing day if he has any wish to meet the requirements of the office or any expectations of satisfactory educational progress in the district during his administration. He must know what are the essential studies, and see that such as are suitable to the age and condition of pupils are being pursued by them; he must have knowledge of the general principles which should govern the classification and arrangement of pupils, and see that the teacher has arranged classes to the best advantage; he must examine into the programme of daily work and see whether the allotments of time are wisely made, and whether recitations occur with proper reference to each other; he must look to text-books and see that those in use are modern and adapted to the uses of the school; he must investigate the methods of instruction and see that the teacher is doing substantial work in the best way, and not merely putting in his time and making a show, for pay; he must inquire about the discipline of the school and see that the teacher has sufficient judgment and force of character for commanding respect and obedience, for exacting punctual and continuous f attendance, and for setting up and maintaining that quiet, orderly and systematic procedure, without which good school work is impossible. Knowing how these things ought to be in a well-regu- ^ lated school, and, seeing how they are in the . school under examina- tion, he must consult and advise with and help the teacher in refer- ence to improvements. If matters are in bad condition, he must decide with practical sense whether the person pretending to teach manifests any desire and gives any promise of coming up to the requirements of a teacher’s position, or whether the case is a hopeless 2 10 one. If there is reasonable hope he should give advice and help and admonition with patience and kindly care, for it is more than possible that where there is a will a way will be found, and that in time the best results will be attained; if there is no hope of respectable work being done, the commissioner should, with resolute determination, put an end to the farce, which is worse than a farce, for it is an unjust and cruel imposition upon helpless little children who come into the world under a flag which guarantees them suitable and intelligent instruc- tion in a free public school system, and it is therefore a farce which is a fraud and a crime against the flag itself. School-Houses and Appurtenances. There is not a person present this afternoon who does not know that the condition of many of our country school-houses and out- houses has for all time been and is still a shame and disgrace to us. It is true that many districts are poor and cannot afford elaborate outbuildings, but this fact can in no wise excuse them for maintaining structures which are not only unfit for the uses of the school, but are so dangerous to health and so offensive to decency that the law- making power of the State has to come in and abate them as nuisances. It is, however, a cause for congratulation that the mighty current of public opinion is rising against this thing, that people are learning that respectable school work can best be done in respectable buildings, and that the best way to lead children to respect property and grow up to respectability, is to surround them with influences which inspire and cultivate these things. There has been considerable legislation upon this subject first and last — some of great importance recently — and it has all tended in the direction of giving the school commissioner power to correct this evil, and of holding him responsible if he fails to do so. The statute has for years required the commissioner to “ inquire into all matters relating to the condition of school-houses, sites, outbuildings and appendages, and particularly in respect to the construction, warming and ventilation of school-houses, and the improving and adorning of the school grounds connected therewith.” He may direct trustees to make any alterations or repairs deemed to be necessary to the health or comfort of pupils, provided the expense does not exceed the sum of $200, and he may require the abatement of any nuisance, provided the expense does not exceed twenty-five dollars. The law also makes the approval of the commissioner necessary before more than $500 can be expended for a new school-house, and requires that the plan of every school-house erected shall, so far as ventilation, heat and lighting are I concerned, be first approved in writing by the commissioner. For many years the law has required that the school commissioner and supervisor of the town should act jointly before a district could be required to abandon a dilapidated school-house and erect a new one, but last year it was so amended as to confer the power upon the com- missioner alone. These are high powers, but experience shows that they are indis- pensable. It is not necessary for me to discuss these provisions nor the particular steps which are necessary to put them in operation. They are as plain as the English language can make them, and the fullest instructions in reference to their execution appear in the Code of Public Instruction. When the law confers a power upon a public officer it means that he shall use it. The Court of Appeals holds squarely that when the statute says that an officer “ may” exercise a power, it means that he “ must ” exercise it if the occasion arises which the law contemplates. When a commissioner visits a school, it is as much his duty to examine the school-house and the outhouses as it is to examine the school, and if he finds them out of repair or unfit for use and unworthy of repair, it is as much his duty to see that they shall be put in proper repair or that they are abandoned and new ones erected as it is my duty to sign his salary check or to draw my own with marked regularity at the end of each quarter. Chapter f>38 of the Laws of 1887 directs that there shall be con- nected with every school district in the State at least two suitable and convenient water-closets or outbuildings, which, when outside of the school building, shall be separated from each other and which shall have separate means of access, which shall also be -separated by a close partition fence at least seven feet high. The trustees are required to keep these places in clean and wholesome condition. The expense involved by changes thus made necessary may be levied upon the district after being approved by the school commissioner, and without the vote of a district meeting, and a failure to comply with the requirements of the law is made sufficient ground for the removal of delinquent trustees from office and for withholding the district’s share of the public school moneys. There has been such an overhauling and cleaning up around school- houses during the last year as the State never saw before, but many districts are still utterly indifferent about the matter. I take advantage of this public opportunity to say, in the hope that you will continually repeat it in your districts, that this law will be enforced and its penalties applied to such officers and such school districts as refuse to observe it. It has been thought best to give ample and 12 actual notice of its existence and full opportunity to comply with it before inflicting its penalties. Such notice and opportunity is being given and will continue to be given during the next spring and summer. You are requested to lose no opportunity to bring the matter before the trustees of every district. The law itself will be found in each school register. The reports collected at the end of the school year must show what has been done in each district, and the penalties which the law imposes must follow its violation. A wholesome public sentiment is behind this measure, and it must be fully and literally complied with. While referring to school-houses and appurtenances, I perhaps ought to dwell long enough to speak of the architects’ plans for country school-houses which the Department, has been collecting under the authority of chapter 675 of the Laws of 1887. The archi- tects of the country being invited to present plans in competition, fifty-eight different designs were received. The committee appointed to select the most meritorious ones have finished their work and presented their report. It is singular that, in most cases, the designs adjudged to be the best were presented by architects living out of our State. I cannot help thinking that it plainly indicates that more attention has been given the all-important subject of school architecture in other States than in our own. It remains now to procure the detailed working plans, perform editorial work and arrange for suitable publication, and I am confident we shall issue a book which will be the best authority on school architecture in this country. But all these things take time, and commonly more time than we hope or expect, I pass the topic under consideration with but one or two remarks I apprehend no Northern State in the Union has stood more in need of a reform in the way of rural school-houses than the Empire State- The way to bring about such a reform has been opened. If it does not come it will be the fault of the school commissioners of the State. With all of the powers which the law confers upon them, with all of the helps which it holds out, with all of the penalties which it r imposes, there is no longer any excuse for disgraceful school-houses. Many districts must be contented with small and modest buildings, but the sentiment of the people and the law of the State forbid their • continuing in the indifferent use of dilapidated or filthy ones. 13 Examination and Licensing of Teachers. Among the powers conferred upon each school commissioner by the statute is the power to “ examine persons proposing to teach common schools within his district, and not possessing the Superintendent’s certificate of qualification or a diploma of the State Normal school, and to inquire into their moral fitness and capacity, and, if he find them qualified, to grant them certificates of qualification, in the forms which are or may be prescribed by the Superintendent.” That the power here conferred has been frequently and flagrantly abused,, no one, I apprehend, will be inclined to dispute. There has been a marvelous failure to appreciate either the extent or the unfortunate consequences of this abuse. The tone of public senti- ment has been low in reference to the matter. The powers granted the commissioner have been greatly misunderstood and misconstrued. And then self-interest, combined with what we have come to call “ politics,” finding the conditions favorable, have operated to produce in many districts an indiscriminate issuance of certificates, without any examination of candidates, and greatly to the wrong and injury of the public school system. Not long since, I received a letter from a newly-elected school commissioner, saying that, although there were but 163 schools in his district, he was satisfied from investiga- tion that there were more than a thousand outstanding teachers’ certifi- tates in the district, and yet his predecessor in office was an entirely reputable and honorable man. The fact is, that a few commissioners have been willfully corrupt about the matter, and have given certifi- cates without any regard to the law or the good of the schools, laboring under the mistaken idea that thereby they could gain a reelection or subserve some other selfish purpose. This class has fortunately, been small, but it has existed. A larger class, with good enough intentions, have fallen into the error because it was a common one, and because they lacked the courage to stand out against the entreaties of candidates, or the exactions of personal or political friendship. Still another class have held examinations with conscien- x tious care, granted or refused certificates according to the qualifica- tions of the candidate, maintained their self-respect, and dignified and magnified their office to the permanent advantage of the school * system. Long may they live; if among the departed, blessed be their memory. I have remarked that the powers of the commissioner have been , misunderstood. The term “ license ” is misleading. What we have been calling a “ license ” is not a license. The law calls it a “ certificate of qualification.” How can a public officer certify qualifications wdthout 14 an examination ? It empowers him to “ examine candidates, to inquire as to their moral fitness and capacity, and if he find them qualified , to grant them certificates of qualification,” etc. When a commissioner, therefore, grants a certificate without this examination and inquiry, and without finding the candidate qualified, he exceeds his authority. » But even though we all agree in our interpretation of this statute, and I do not see how there is room for any two opinions regarding it, there are other difficulties in the way. So long as the law exacts no , standard of qualifications on the part of a school commissioner, our elective system will inevitably turn out some men who cannot examine candidates and determine their qualifications. Again, so long as the examination may be such and only such as the commissioner sees fit to make it, he will constantly be subject to personal appeals and to political influences, and he will continually be the object of criticism, if not of suspicion, unless he is strong enough, and lives long enough to demonstrate his strength and his conscientious independence, and to gain a position among men as unique as it is honorable and enviable. Few men are thus fortunate. The great mass have common feelings and failings which render it unwise to leave such a •duty as this to their unlimited and unguided discretion. There need be no sensitiveness about this. Before 1875, the law gave unlimited power to the State Superintendent to grant certificates. Being " ordinary clay,” he granted them with liberality until his action in doing so became a scandal, and the educators of the State, with one voice, demanded that it should stop. Then the law was amended so as to provide specifically that he should grant certificates “ only upon examination.” Then the regular annual examination for Superinten- dent’s certificates was established, and has operated to the great advantage of the work. Certificates have come to be of recognized value, not only throughout the State, but throughout the country* So marked has been the change in this regard that the inquiry is frequently made at the Department whether a given State certificate is dated before or after 1875, and it is judged to be of small account or of great value accordingly. Ought a power which could not safely > be continued in the hands of a State Superintendent, who has a public ^ office in the Capitol, where every act is a matter of record and subject to general inspection, be permitted to be exercised by 113 commis- & sioners when many of them are known to act without any examination or inquiry, and to make no record of their acts, and when they are manifestly perverting the statute in so exercising it ? I do not think so, and I do not believe that you do. In place of this, there must be a system of examinations complete, practical and governed by well- 15 known regulations, which shall form the basis of commissioners’ cer- tificates in substantially the same manner as the annual State exami- nation forms the basis for the Superintendent’s certificates. Beyond this, certificates must show upon their face what they are good for, and there must be a public record made of every certificate issued. Such a system is to be tried in at least eighty-two of our commis- sioner districts. We will undertake to give it a full and fair trial, without legislation and without compulsion. If it proves practicable, well and good; it will then be made universal and obligatory. If experience shows the necessity of modifications, w T e shall make them. If time shows the entire unwisdom of the move, the great body of school men in this State will stand convicted of bad judgment, and we will devise some other way of correcting a manifest and grievous wrong. In any event, I think it safe to say that the day of the indiscriminate licensing of teachers ought to be and is* at an end. Revocation of Certificates. The statute also confers upon the commissioners the power to revoke certificates. There are two grounds for the revocation of certificates, viz. : Deficiency in learning or ability, and immoral character. The commissioner may at any time reexamine a teacher holding a commis- sioner’s certificate and annul the same for deficiency in learning or ability. He may even annul a State certificate or the diploma of a Normal school for immoral character. In either case, there must be an examination before annulment. It is a serious matter to annul a teacher’s certificate, and it should never be done except for good reasons. When such reasons exist the power of the commissioner should be exercised without hesitation. What are good reasons for annulling a certificate ? They cannot all be specified. But they must be sufficient to justify the public punish- ment and humiliation consequent upon a permanent taking away of the authority to te&ch. Incapacity is, of course, sufficient. But after a teacher has once been licensed the incapacity should be so great as 1 to render it improper for the teacher to continue before the certificate should be annulled. Annulment should not be resorted to simply to enable a district to get rid of a teacher against whom some dislike has v arisen, as I have sometimes found to be the case. If charges affect- ing moral character are made against the teacher, the commissioner must investigate them. The charges must, however, set forth specific acts of immorality before the commissioner will be justified in requir- ing the teacher to answer. General allegations or neighborhood gossip are not enough. The charges must be so definitely stated that 16 the teacher will know just what he will be called upon to answer. A copy of the allegations must be served upon the teacher a reasonable time before the investigation. The Department recognizes ten days as a reasonable notice. The complainant must prove his charges; the teacher is not obliged to prove his innocence. The case must be P proved by witnesses who can be cross-examined, and not by affidavits of persons not present. The testimony must be taken down b;y the commissioner and subscribed by the witnesses and kept for transmis- sion to the Superintendent in the event of an appeal. Teachers’ Institutes. I am greatly gratified at the satisfactory progress which is being made in our institute work. Order is being brought out of chaos. Instruction is being given in something like a practical and syste- matic way. Nearly the whole body of teachers comes into the insti- tutes, and attendance begins to approach regularity. The objections * to compulsory attendance are largely disappearing. All this is highly satisfactory and encouraging, but we have not yet carried our insti- tute work to the highest attainable state of perfection. The State of New York ought to do the best teachers’ institute work in the United States. We have the conductors to do it. We have the material to do work with. We have the facilities for doing it. The law favors us. We must do it. The best institute work involves at least (a) the most full and com- plete previous preparation; (b) full, punctual and continuous attend- ance of teachers of all grades and classes ; (c) success in enlisting the interest and cooperation of all; (d) proceedings as orderly and sys- tematic as any school-room work; (e) capable and practical instruction suited to the circumstances of the locality, and (f) work laid out in regular course, which shall be continuous and progressive from one year to the next. Instructions relating to the institute work in your districts have been issued from the Department with so much care as to details that I need consume no more time upon the subject than may be necessary ' to make two or three observations upon the provisions of law bearing \ t upon it. The law directs each commissioner to organize an institute at least ' once in each year. It provides for notices and for conveniences and for instructors. It goes on and makes the institute work a component part of the common-school work of the State. It directs trustees to close the schools under their charge during the week the institute is in progress and to pay teachers for the time spent in attendance there- upon. I am aware that there has been some difference of opinion as to the meaning of the statute upon this point, and that the language employed is such as to form a possible ground for argument. S<5me have thought that the statute intended to offer to trustees the option of closing the schools or losing so much of the public moneys as was based upon the average attendance for the week, and nothing more. I have never taken that view, and have never entertained any -doubt about the matter. It has always seemed clear enough to me that the law was mandatory and meant precisely what it says, that the schools shall be closed during institute week; that the fact that the one section containing this provision imposed a specified penalty for its violation did not mean that the other penalties which the law imposes for its infraction should not be imposed. If I am right about this, it would follow that a trustee continuing a school during institute week cannot pay public moneys to the teacher for teaching during the week, although it is more than likely that he would be held personally liable for the same; he would be removable from office for it also. While I have felt entirely confident of the correctness of this view, which has been followed by the Department for eighteen months, I have recently, in deference to others who have not agreed with me, asked and received the written opinion of the Attorney-General concerning the matter. It agrees with me to the letter, except that it goes farther than I have ever felt impelled to go. It* may be of sufficient interest to justify me in presenting to you the communication .of the Attorney-General entire. It is as follows: Dear Sir. — In compliance with the request contained in your com- munication of the twenty-sixth instant, I have examined the provisions of section five, title eleven, chapter 555, Laws of 1864, as amended by section ten, chapter 340, Laws of 1885. My conclusions upon the question submitted by you are : The provisions of the section referred to do not give to the trustees of a school district the alternative of closing the district school as directed therein, and that of losing a part of the public money. The first sentence, of the section cited is directory to the trustees, only so far as the disposition of the moneys in their hands applicable to the payment of teachers’ wages is con- cerned. The object of this amendment to the general law, and the 3 18 intention of the Legislature in enacting the same, is obvious from the section itself, to wit : “ to secure to the teachers therein enumerated theifull exercise of the privilege of attendance at teachers’ institutes.” The statute does not clothe the trustees with any discretionary powers, but provides that the schools shall be closed during the time a teachers’ institute shall be in session in the same county in which such schools are situated. The language employed in the statute is man- datory, and it would be a violation of law to have the various schools open during the time prohibited. The law unqualifiedly requires thai during the period of time referred to, the schools shall be closed, and trustees of schools are charged with the duty of enforcing that law. A neglect to comply with the provisions of the statute referred to, would subject the trustees to the penalties provided for by section eighteen, title one and section one, title thirteen, chapter 555, Laws of 1864, and in my opinion, for a willful violation of the act, the trustees would incur the penalty provided for by the Penal Code, i. e., punish- ment as for a misdemeanor (section 155, Penal Code.) Very truly yours, (Signed,) D. O’BRIEN, Attorney -General. The Department leaves it to commissioners, so far as practicable, to hold institutes at such times as they may think best. I remark incidentally that institutes ought not to be held in general vacation time, and I see no reason why they should not be held during the mid-winter months, contrary to the custom which has heretofore been prevalent. Commissioners should, so far as can be, hold institutes at the time which will be most acceptable to trustees and teachers in the larger districts. But commissioners must see to the enforcement of the law, for it is essential to the thoroughness of the work. Trustees must not be allowed to nullify and set at naught the provisions of the statute and the policy of the State because the arrangement may not seem to them to be a good one, or because they do not deem it to be to the interests of their districts to observe it. Teachers must be required to attend and enter in good faith into institute work, and no subterfuge must be permitted to deprive them of their pay when they do so. In short, nothing must be left undone which will con- tribute to the success of this important work, for upon it the tone and character of the schools in the rural districts largely depend, Reports. The law mates it the duty of commissioners to supervise the collec- tion of information relative to the public schools and to educational work in general, and to forward the same to the Department, with such observations as they may think ought to accompany it. Newly elected commissioners will find this a very troublesome matter. Teachers very frequently fail to appreciate the importance of care in keeping their registers of attendance, forgetting that their record must enter into the computations for future apportionments of the public school moneys. In examining schools this matter should always be looked to. The statute requires trustees to report many different items of information, and without accuracy of statement it is impossible to make any just apportionment of school moneys, or to determine what action by the Legislature or the Department may be advisable for the well-being of the schools. It is difficult to prepare these reports, and it very frequently becomes necessary to give trustees instruction and aid in reference to them. This work falls upon commissioners. Then the reports of the commissioners themselves involve the com- pilation of these voluminous details, as well as general comments in reference to the work. It is the custom to exact two reports from commissioners, one which is wholly statistical and is made up from trustees’ reports, in answer to specific directions, and upon forms sup- plied for the purpose by the Department, and another in which, in his own way, he is to briefly delineate the condition of his district educa- tionally, treat of the work of the year, and make any suggestions which may occur to hiir^. The same thing occurs in the cities. From all these sources the report of the State Department is made up. A moment’s reflection will show how important it is, not only that statistics should be conscientiously collected and carefully compiled, but also that written reports should be frank statements and sugges- tions, made with brevity and pointedness, without embellishment or circumlocution, to the end that when the State school report, which is to go into every district in the Commonwealth, is made up, it may be a complete and perfect portraiture of the educational circumstances of the State, and may show satisfactory progress or tell what needs to be done to attain it. I have had frequent questionings in my mind, whether the blank forms upon which our statistical reports are made, do not need a liberal revision. It has seemed as though they called for much infor- mation which is of small account, and as though we failed to get much which we ought to have. It is an important question, and I should be 20 glad to have the opinion and suggestion of this convention in reference to it. It is difficult in public business to get old forms changed. The orthodox department man will change an old blank with as much fear and trembling as he would experience if he was compelled to strike an idol \yith a hammer. But progress demands a change in blanks now and then, and I strongly suspect that it would at least not be retarded by some modifications in the elaborate and an- tiquated forms for trustees’ and commissioners’ reports. General Powers and Duties. I have now considered the legal duties of commissioners so far as they need to be treated under separate heads. After specifically enumerating these duties, the statute declares it to be his duty “ generally, to use his utmost influence and most strenuous exer- tions to promote sound education, elevate the character and quali- fications of teachers, improve the means of instruction and advance the interests of the schools under his supervision.” This language is as broad and comprehensive as any that could be employed. It is doubtful if any other public officer is commanded by law to go beyond specified duties and to labor for certain general ends to the extent to which this sub-division of the section commands the school commissioner to go. ITe is directed to use his “ utmost influence,” and his “ most strenuous exertions ” to accomplish four general purposes. What are they ? First, to promote sound educa- tion ; second, to elevate the character and qualifications of teachers; third, to improve the means of instruction, and fourth, to advance the interests of the schools under his supervision. When the law commands an officer to do specified things, it, of course, clothes him with the power to do them. The law 7 distinctly tells the commissioner what he is to do. He is to be alert and aggressive. As he sits in his office or travels about in his district, he is not to feel that it may be considered out of place for him to correct an erroneous method or abate an evil. That is precisely what he is for. In the faithful discharge of his duties, he will encounter ignorance, indifference, parsimony and selfishness. He is given the implements with which to contend against them, and when he believes it necessary to use his powers in order to accomplish the ends which the law points out, he should do so without having an eye upon a coming election, and without hesitating or apologizing for it, but with the entire confidence that the Lord will, in some way, take care of His own. It must be remembered, moreover, that the enactments of the Legislature do not and cannot indicate all that ought to be done con- cerning the schools. As I have been commenting upon the provisions of the statutes, I have not, therefore, touched upon many matters which we ought to have prominently in mind, in our efforts to improve the country schools. Under the general powers and duties of com- missioners, these other things ma}^ be appropriately referred to. I can, however, do no more than barely suggest the most important , nes now. The term of school in each year should be longer. Frequently, it is but twenty-eight weeks, just long enough to enable the district to share in the public moneys. It should be forty weeks, as in the cities and villages, unless prevented by roads and w T eather. The old idea of a winter term and a summer term should be rooted out. It should be remembered that the apportionment of 1889 will be upon the aggregate number of days of school held during the previous year and not upon average attendance and school population. The teachers should certainly be employed at the beginning of the school year, for the entire year. They should be retained year after year unless good reasons to the contrary show themselves. Their compensation should be reasonable for the service required, and should be paid at regular and stated intervals. The work should be systematized. It is not possible to grade as in the cities, and perhaps not desirable. But a course of study should be followed. The irregular attendance of some should not be allowed to demoralize the whole school. The irregular on^s should be made to drop behind those who come regularly and show proficiency.* The course of study should be arranged systematically and comprehen- sively. It should have a beginning and an ending. Pupils should be able to complete it if they come regularly and stay long enough. There should be some sort of incentive provided, some system of rewards and penalties, which will stimulate a desire to attend regularly, attain proficiency and get through with the work which a country school can do. Such matters as these, which the statutes do not and cannot speci- fically regulate, must necessarily be left to the judgment and discretion of officers charged with the administration of the schools. Regarding all such matters it is the duty of school commissioners to consult and advise together and with the State Superintendent, to determine what ought to be done, and then to agitate and arouse public sentiment so that it will follow and support when they organize and lead the way. Conclusion. 1 must speedily conclude, for I know I have already drawn heavily tipon your patience. I have deemed it proper to make these observations because all of your acts are subject to appeal to the State Sujoerintendent. You are entitled to know his views of the laws under which you are to act, as well as the extent to which he expects to support you in the exercise of any discretion which the law gives you. Stand by the law. You cannot be sustained when you either come short of complying with its directions or when you violate them. Following the law, you will at all times, be sustained in a vigorous and aggressive exercise of your powers, to the end that the object specified in the statute may be attained, and sound education may be promoted, the character and qualifications of teachers be elevated, the means of instruction be improved, and the interests of the schools under your supervision be advanced. For years we have been talking about improving the country schools. It goes, without saying, that they need improvement. The only way to improve the country schools is to improve them. We know what ought to be done. The law tells us to do it and gives us the power to do it. I am not forgetful that many districts are poor. It may be that some general legislative action ought to be taken which would particularly favor the poorest districts. If so, let us undertake to secure it. In any event, we must lead people to do what, according to their ability and circumstances, ought to be done for schools; in cases where they will not be led, they must be com- pelled to do it. The law gives school commissioners the power to do this, and of course contemplates that the power will be used by them in proper cases. I recall a remark of some foreign writer with some wit, and more truth in it. Referring to the United States, he said “ it was a place where no man is compelled to do anything.” A danger which threat- ens our people is a false idea that liberty means license. A distinguished man of foreign birth who came to be one of the most loyal of Americans and one of the greatest of men, as well as one of the staunchest and most thoughtful friends of public liberty that the world has ever produced, has declared “ that the quantity of liberty in any country is exactly proportioned to the quantity of restraint.” Not only must people be restrained from doing what ought not to be done, but they must be required to do what ought to be done. The strength of any nation, the well-being of any people, depends upon the character and the strength of what the writers call their “ institutions,” 23 and upon no one of them so much as upon that one called the public school system. If this is so, and it will stand unchallenged, then the support and care of our distinguishing American institutions, which are as broad as the land and as free as the air, which are essential to the perpetuation of our manner of government, cannot be left at the whims of local officers or the caprice of small hamlets. I have not been able to refer to many statutory provisions touching the duties of commissioners. I have not touched upon many matters properly to be considered within the^cope of their general powers. I have only been able to sketch an outline picture, but it can readily be filled in by a thoughtful, energetic man in actual experience. But even the cursory review I have been able to make, prepared as it has been in haste, without any effort at embellishment and with other and innu- merable obligations pressing upon me, is sufficient to show that any faithful or satisfactory discharge of those duties requires the full time of a judicious, active, progressive and courageous man. There is no position under the laws of the State which offers such oppor- tunities for usefulness, and none in which the officer can more thoroughly win the respect of people whose respect is worth having, or more effectually indicate his capability and adaptability for public trust. That you may win that respect, that you may grow in the con- fidence and esteem of the people, that you may show that the great trust confided to you was wisely placed, and that you may work out a decided improvement in the schools under your charge, is my most sincere wish. To the end that it may be fulfilled, I pledge unceasing, cheerful and sincere support and cooperation.