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Weapons gleam and banners fly. Ardent youth, with flashing eyes, To the forming columns flies; Side by side with veterans, he Marches on to victory!
Not to battle fields they go,
Theirs are other arms to wield
Theirs to vanquish and to slay
'Tis of these to free the land
Hail! the banners that you bear!
Prepared by the Assistant Superintendent. Q. If a town board makes an order for the formation of a new district from part of an old one, and files copies of the order, as directed by section 11, without the consent of the district board endorsed thereon, can the board afterwards go to the office of the town clerk and endorse its consent on the order, and thereby cause it to take effect immediately, instead of three months after date?
A. It must be held that such a proceeding is not contemplated by the law. The town board completes its action, at the meeting held for that purpose. To allow the result of its action to be changed, in such an informal way, with no publicity, would sometimes be productive of great inconveniences and misunderstanding, and cannot be supposed to have been the intention of the law.
Q. Can a town board dissolve or extinguish a district, and then proceed to make two or more new districts, from the territory?
A. No such power is given to a town board. It can form districts, but cannot dissolve them by any direct order or act to that effect. A district may “become disorganized [i. e. dissolved] by the operation of law in relation to the alteration of districts.” (Sec. 16.) That is to say, a board may attach all the territory to other districts, which will, of course, work its dissolution.
Q. When a district is divided, can the town board assign such portion of the value of the property of the old district to the new as they please?
A. The board must be governed by section 13, and an evident disregard of this requirement would be a ground of appeal.
Q. The town board divided a district and formed new one, assigning to it $1,000 as its share of the property, but neglected to file the notice of the alteration of the old district, within three days, as required by section 11. Does this invalidate the claim of the new district to the $1,000?
A. It does not. The requirement to file the notice is directory merely, and its neglect does not invalidate other proceedings.
Q. Can two members of a school board be removed at the same time, under section 124?
A. Yes, if good cause exists for their removal.
Q. Can a district officer be removed on petition of a minority of the voters of the district?
A. No; if a petition of voters is the basis of the proceeding, it must be signed by a majority; but “any person aggrieved" may make complaint and ask for removal.
Q. If a district votes to have a male teacher, can the board hire a female teacher, being unable to find a teacher of the other sex?
A. No; the solution of the difficulty is a special meeting, to obtain authority to employ a female.
Q. Can a board contract with a teacher at 20 days for a month, if the district has at some former period voted that 22 days shall be taught for a month?
A. The law gives a district no power to regulate this matter. can determine the length of the term or terms, but not of the month. This is left discretionary with the board. But if the contract does not specify the number of days which shall be taught for a month, the law prescribes 22.
Q. If a holiday occurs on Sunday, is a teacher entitled to Monday?
A. Chapter 243 of general laws of 1861 provides that when a holday comes on Sunday, Monday shall be a legal holiday, and schools and teachers are entitled to the benefit of the law.
Q. If vacation is taken Christmas week, (Christmas occurring on Wednesday,) must the teacher make up 5 days, or only 4?
A. There is no provision of law which exempts him from teaching a full week, or 5 days, in such a case.
Q. Does a treasurer's bond require a revenue stamp ?
Q. If a member of a school board makes a verbal engagement with a teacher to take the school, can the teacher compel the board to enter into contract, two of its members being unwilling ?
A. No, the board is not bound by the verbal agreement or promise of one of its members, in such a case.
Q. If a school board makes the rule that a satisfactory reason for absence must be given to the teacher, is the teacher obliged to accept the simple written request of the parent, “ please excuse” ?
A. Not necessarily; he may require better evidence than this that the absence is excusable.
Q. Two of our board hired a teacher, in the director's absence, and he says he won't sign the contract or endorse any order to pay the teacher. Is he justified in this ?
A. Before hiring a teacher, a meeting of the board should be called. Two members of the board cannot hire without notifying the other member of such meeting.
Q. Our director and clerk hired, as teacher, a young man who is a son of the former and nephew of the latter--the treasurer refusing to sign the contract. Is this legal ?
A. It is not illegal, but ordinarily, such a contract would be very unadvisable.
Q. If a person moves into another district, after the town assessment is made, and before taxes are collected, should his personal property be taxed in the former or latter district ?
A. As he immediately enjoys the right of voting, if a voter, and of sending to school, if he has children, it is proper that his personal property should be taxed in the district where he is.
Q. If a district fails to elect officers for two or three years, so that none remain, can the town clerk fill the vacancies, by appointment?
A. In such a case, the town board must call a meeting for the election of new officers, agreeably to section 5.
Q. Can a district vote to raise more money to build a school-house than section 19, (sub-section fifth) allows, and legalize the vote by obtaining the consent of the town board afterwards?
A. No, the consent must be obtained first and the vote taken afterwards.
Q. Does a district become disorganized by failing to keep up a school?
A. It does not, but its board is liable to penalty (sec. 19, sub-section sixth), if it fails to provide for a school—the district neglecting to do so. If the district has become two feeble to maintain a school, the town board should attach its territory to other districts.
Q. Is a district obliged to build a line fence between the site and the lot adjoining?
A. A school district is subject to section 2 of chapter 17, revised statutes, like other land owners, and is obliged to maintain a partition fence in equal share with the owner adjoining.
Q. If a district clerk is mostly absent, returning home say once a week, does this vacate his office?
A. It does not, but if his absence is so much as to prevent the discharge of his duties he should resign. If he refuses to do this, he may be removed for absolute neglect of duty, by the county judge.
Q. I am the guardian of an orphan, and there being no school where she lives, I have sent her to the school in
where she owns property. Must I pay tuition, if demanded?
A. A child is entitled by law to free tuition only in the district in which it has a legal residence. By courtesy or humanity, the tuition might be made merely nominal, in special cases.
Q. I am a boy 18 years old. My father has given me my time until I am 21, and I have writings to that effect. Have I not a right to go to school where I live? I have no permanent home.
A. You are entitled to attend school, free of tuition, in the disdistrict in which you live, until you are 20 years of age.
Q. Is there any way provided by law to secure a uniformity of text books in common schools?
A. There is no such provision, except as regards a single district, or a town or city under one school board. (See section 53 School Code, and section 12, Township Law, p. 138.)
Q. Is a county superintendent justified in annulling the certificate of a teacher who habitually indulges in public tippling, at saloons, though not usually to the extent of drunkenness, if complaint is made against said teacher, and sustained?
A. The habit described implies such a want of good moral character, as would justify the annulment of a certificate.
Q. Is it absolutely necessary, according to law, for teachers in a graded school, under the principal, to have a certificate from the county superintendent, in order to draw their pay?
A. The law does not authorize a school board to contract with an “ unqualified” teacher; and section 138 makes it penal to draw or countersign an order “for the payment of wages to a teacher not legally qualified.”
Query and Scrap Box:
Much matter prepared for the “Box" this month is omitted, to make room for the Proceedings of the Convention.
QUESTIONS ANSWERED. (We are favored with a communication of some length on the subject of Question 104, which we reserve for next month.]
104.—Mention and situate the active volcanos of the globe, and explain vol. canic phenomena.
Some of the active volcanos are as follows: Mt. Vesuvius, in Italy; Etna, in Sicily; Coseguina, in Central America; Galungung, in Java ; Aconcagua, Llullajaco and Cotopaxi, in South America ; Popocatepetl, in Mexico ; St. Helen's, Shasta, Hood, and Elias, in North America; Loa, Kea, and Kilanea, in Sandwich Islands; Kenia, in Africa; Erebus, in Victoria Land. In all there are about 225 active volcanos. The phenomena resulting from the reaction of the heated interior of the earth upon the solid crust, are termed volcanic.—SELF RELIANT, Rio.
107.–Are the words in italics the same part of speech in every one of the following sentences; the snow is very deep; the snow is extremely deep; the snow is a foot deep; the snow is three feet deep. Again, if foot and feet are nouns in the above, how are they governed !