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A rule having been granted for the said Zelotes Wetherell to appear and show cause why said sums of money have not been paid, and why he should not be commanded by the Court to pay the same.
Rivers for the petitioners cited sections 21st, 23d and 65th, of “an act to revise and amend the laws regulating Public Schools,” and admitted that the statute gave the Commissioner no direct authority to draw this order, but that the act having given an appeal from the Town Committee, who were competent to draw the order, the appeal to the Commissioner carried with it by implication the incidental power to draw the order of payment.
The Court having intimated that the proper mode of proceeding would have been for the Commissioner to have certified their decision back to the Town Committee, and that upon their refusal to draw an order for the payment of the sums decided to be due, a mandamus might issue to compel them so to do. The further hearing of the case was postponed, that the Court might ascertain the views which guided the School Commissioner in his proceedings. The case was heard Saturday, May 8th; and now, the Court having conferred with the School Commissioner, their judgment was delivered by Greene, C. J., (after stating the case. The difficulty which the Court experiences in this case, results from the 21st section of “The Act to revise and amend the law regulating Public Schools,” which defines the duties of the Town Committee.This section provides that the Town Committee shall draw orders upon the Town Treasurer for the payment of money due, in conformity with the law; Provided, “ that the Committee shall not be obliged to give any order until they are satisfied the services have actually been performed for which the money is to be paid.”. They are to decide when money is due, and, having so decided, to draw an order for its payment. And the 23d section of the same act prescribes, that “The Town Treasurer shall receive the money due from the State Treasury, and shall keep a separate account of all money appropriated by the State, or town, or otherwise, for Public Schools, and shall pay the same to the order of the School Committee." These two sections are exceedingly significant. The first prescribes who shall draw the orders, and the other what orders the Town Treasurer shall be bound to pay. The 65th section of the School Act gives an appeal from the decisions of the School Committee to the Commissioner, whose decision is to be final. But the Commissioner, by this section, has only authority to affirm or reverse the decisions of the Town Committee, but has no authority to draw orders; and any orders drawn by him, are not obligatory upon the Town Treasurer. We think the proper course for him is to adjudicate upon the appeal, and certify his decision to the Town Committee, requesting them to draw the order required, and, if they refuse, a mandamus may be granted to compel them to draw the order. Weeden for defendant.
NOTICES OF BOOKS. COLBURN'S DECIMAL SYSTEM OF NUMBERS :
A new work, by a gentleman well known to our teachers, by his valuable lectures at our Institutes. B. B. Mussey & Co. THE YOUNG LADIES' ELOCUTIONARY READER : INTRODUCTION TO
By Wm. and Anna U. ssell. Selections of pieces for reading, with instructions especially adapted to female voices. James Munroe & Co. A SELECTION OF ENGLISH SYNONYMS : Easy LESSONS IN REASONING. 3d American edition.
Two works, the former revised, and the latter written by Doctor Whately, the distinguished Archbishop of Dublin, author of the works on Logic and Rhetoric. James Munroe & Co. ELEMENTS OF INTELLECTUAL Philosophy, by Hubbard Winslow.
There are few works on the philosophy of the mind at present adapted to schools. The present appears to be an excellent manual and of convenient size for that purpose. OUTLINES OF PHYSICAL GEOGRAPHY, by John Q. Day.
The study of Physical Geography should be introduced in our schools. Teachers themselves should be acquainted with it. James Munroe & Co. AN INTRODUCTION TO GEOGRAPHY AND THE SCIENCE OF FORM: pre
pared from the most approved Prussian text-books. Prepared at the suggestion of Mr. Page, of the Albany Normal School, and re
comended by Professor B. Pierce. Boston: J. Munroe & Co. THE MEMORY OF WASHINGTON ; with Biographical Sketches of his
Mother and Wife. By N. Hervey. pp. 320. An interesting collection of anecdotes and incidents in the life of General Washington. We wish that some publishing house would prepare a cheap edition of the Farewell Address, for schools. Bosa ton: J. Munroe & Co. PARLEY'S FIRST BOOK OF HISTORY :
A new and revised edition of an old work, combining History with Geography, and with maps. Jencks, Hickling & Swan.
HISTORY OF THE UNITED STATES, for Schools. By Chas. A. Goodrich.
Thoroughly revised. Boston: Jencks, Hickling & Swan. First Book of ETYMOLOGY. By Joseph Thomas, M. D. A revised
edition of the work of Lynd. Highly recommended. Philadel
phia : E. C. & J. Biddle. WORCESTER'S PRIMARY DICTIONARY. A good book for schools and a
convenient pocket or travelling manual for pronunciation. Jencks, Hickling & Swan.
IF THE RHODE ISLAND EDUCATIONAL MAGAZINE will be published monthly. All pamphlets, exchange papers, or communications, should be addressed to E. R. POTTER, Providence, R. I. Letters (post paid) may be directed to Providence or Kingston. Terms, 50 cents per annum, in advance.
PROVIDENCE, JULY, 1852.
From the Providence Journal. TEACHERS' INSTITUTE, AT BRISTOL. A Teachers' Institute, of uncommon profit, was commenced at Bristol on Monday evening, last week, and continued until Saturday
The meeting was called to order by Rev. Mr. Shepherd, of Bristol, and opened with prayer by Rev. Mr. Stone, of this city.Hon. E. R. Potter, State School Commissioner, then delivered an interesting address on the uses of Teachers' Institutes, replete with important suggestions to teachers and parents, and marked by broad and just views. It was listened to with undivided attention by a full audience.
On Tuesday morning, Prof. Jaeger, of this city, commenced a course of lectures on Natural History, delivering three each day.In his opening discourses he considered the importance of the study to the professional man, as well as to commerce, manufactures, the mechanic arts, agriculture and horticulture. He spoke of the methods in which the science should be taught in our common schools, high schools and colleges. He made honorable mention of Prof. Harris, Torrey, Gray, Agassiz, and other eminent naturalists in this country, and concluded with some appropriate and impressive remarks on the moral and religious value of this study. He showed that the harmonies of our sacred Scriptures with Nature are perfect, and that as the pupil is taught to listen to the voices of the “ fowls of the air,"
and to read the beautiful lessons of the “ lilies of the field,” the most elevated and reverential ideas of God, and a living faith, will be awakened in him.
This course was more complete than any previous one Prof Jaeger has had opportunity to deliver before our Institutes, and produced the liveliest interest. In copiousness of illustration and the statement of valuable facts drawn from personal observation and experiment, he is unsurpassed, and few instructors are so successful in winning the attention and exciting the enthusiasm of classes in this important and delightful department of science.
Rev. Joel Mann, of South Kingstown, delivered an able lecture on Emulation in Schools, which was followed by an animated and profitable discussion.
Rev. Dr. Hall, of this city, gave an admirable lecture on the exercise of Thought, which received the unqualified commendation of the audience.
Prof. Russell gave a brief course of lectures on Elocution, and as usual delighted his hearers.
Several very valuable and interesting lectures on the analysis of language and the methods of improving the quality of education in this State, were also delivered by Prof. Greene, Superintendent of our public schools. It is not often that so much important instruction and so many useful hints are crowded into so limited space,
and we are quite sure that the teachers present will return to their vocation with clearer perceptions of the essentials to success.
The weather during the week was exceedingly warm, yet did not prevent a good and uniform attendance.
At the close of the Institute on Saturday, remarks were made by Rev. Messrs. Shepherd and Stone. The following resolutions were likewise offered by Mr. Cook, in behalf of the teachers from abroad, which were unanimously adopted :
1. Resolved, That we tender our grateful acknowledgments to Rev. Mr. Shepherd, to Mr. Manro, Superintendent of Schools in Bristol to the teachers of the schools in Bristol, and to the citizens generally, for the generous hospitality with which we have been entertained, and for their unwearied endeavors to promote our comfort and happiness, during our attendance on this Institute.
2. Resolved, That our thanks are due to Hon. E. R. Potter,