PROBLEMS OF SCHOOL LAW [Subscribers are invited to make use of this department and we are always pleased to answer questions sent to us.-Editor.] The secretary can not hire the teacher: Can the secretary of a town board of school directors hire or enter into a contract with his teacher at his own pleasure? No. The teacher must be hired by the executive committee, a majority of such committee being. necessary to make a legal contract. A teacher's contract is good whether verbal or written: The teacher in our district does not hold a written contract. Can she be dismissed at the pleasure of the board? If dismissed by the board the burden of proof that the reasons for dismissal were good and sufficient is thrown on them. So far as the contract is concerned, the verbal contract is valid and binding upon the district in the absence of a written contract. School must be maintained the number of months voted by the electors: If the members of a school board refuse to maintain school for the number of months voted by the electors at the annual meeting have the electors any remedy? Yes, by directly proceeding against the board members for refusing or neglecting to carry out the will of the electors. The statutes impose a severe penalty for such refusal or neglect. A defacto officer is a legal officer: There were five persons at our annual school meeting. Four of the five had resided in the district less than thirty days. One of the four was elected director. Is he authorized to assume the duties of his office? Yes. He is a defacto officer. He has "color of title." How far can the teacher go with corporal punishment: Under what circumstances is a teacher liable to criminal prosecution for the inflication of corporal punishment? It must be clearly shown to the court that the teacher has been actuated by bad malevolent motives and also abusing the authority of his permission and the authority granted to him by law for the sole purpose of gratifying and securing some personal revenge by inflicting the punishment. All school officers must be elected by ballot:Should a chairman at an annual district meeting entertain a motion to elect a district board member by an "aye" or "no" or a rising vote? No. He should declare the motion out of order. The law requires that school officers shall be elected by ballot. What is a defacto officer?— What is an officer defacto and what rights has such an officer? An officer who is elected or appointed in an irregular way, not according to provisions of law, but in a manner that gives him "color of title" to the office. He is privileged to assume all responsibilities and discharge all the duties of his office and his acts are as binding upon the district as all the acts of an officer de jure; (one who has been appointed or elected in a regular way). The de facto officer is, however, subject to removal from his office if right to the office is contested in a court. A de jure (by right) officer is not so liable. The board may require the teacher to remain at the school house during the noon hour:Has the board authority to require the teacher to remain at the school house during the noon intermission? Yes, if in the opinion of the board the proper conduct of the children and the welfare of the school demand it. Changing the boundaries of a joint district: Can the boundaries of a joint district be lawfully altered without incurring the expense of the town incident to calling two joint meetings of the supervisors? Yes. By making an application signed by at least two supervisors from some one of the towns interested, as provided in paragraph 1 of section. 419a, page 7 of the school code; then have the chairman "pigeon hole" the application and refuse to call the joint meeting of the supervisors and by so doing give the petitioner an opportunity to appeal to the state superintendent, who will decide the case on its merits. The District Treasurer is the only one required to take an oath of office: Does the law require school officers to take an oath in order to qualify? No. The only officer who is required to qualify in any special way is the district treasurer. He must file a bond. Election days are not legal school holidays:Are election days legal holidays for schools? No. General and primary election days have been cut out by the legislature from the list of holidays in matters relating to schools and the day of spring election was never a school holiday. Sufficient money must be raised for the support of the school: If the electors at the annual or some special meeting neglect or refuse to provide an amount of money sufficient to provide properly constructed outbuildings, what power has the school board to carry out the law ordering that suitable outbuildings shall be provided? The law requires that if the electors at the school meetings fail to raise enough money by a tax levy then it becomes the duty of the school board at a regular board meeting to agree upon the amount needed and to authorize and direct the district clerk to certify to the town clerk the sum necessary. Then the town clerk must place the sum so certified upon the tax roll to be collected the same as other taxes are collected. If the electors at a district meeting refuse to vote money for the above purpose, it still remains the duty of the board to certify the needed tax to the town clerk. The outbuildings must be provided for under the statute. THE SEASON'S CHANGES IN WISCONSIN SCHOOLS. Below we give the names of new persons in the more important school positions of the state which have been occasioned by the season's changes. In some instances we have not learned the names of the new incumbents and blanks are left. About one-third of the high school principals of the state shifted this year. The new directory giving all changes will be ready about Oct. 1. Inspectors: W. E. Larson, State Inspector of Rural Schools. Platteville-W. J. Sutherland. La Crosse-F. A. Cotton. State Institute Conductors: J. O. Engleman, La Crosse. County Training School Principals: Berlin, Green Lake County-Edgar Packard. Phillips, Price County-D. A. Swartz. County Schools of Agriculture and Domestic Econ omy Principals: Onalaska, La Crosse County-A. A. Johnson. Marinette, Marinette County Winneconne, Winnebago County City Superintendents: Berlin-W. T. Anderson. Fond du Lac-Thos. R. Lloyd Jones. Onalaska-A. L. Halvorson. Prairie du Chien-N. C. Gunderson. Free High School Principals: Albany-A. O. Schultz. Appleton-Paul G. W. Keller. Fountain City-J. F. Bergen. Glenbeulah Grand Rapids-C. W. Schewde. Greenwood-F. C. Trafzer. Hillsboro-Irwin C. Coates. Ladysmith-E. C. Gotham. Mazomanie-H. G. Parkinson. Menomonee Falls-F. L. Witter. Montello-L. U. St. Peter. Mosinee-A. G. Brown. Mukwonago-T. F. Cronin. Neillsville Geo. M. Snodgrass. Oconomowoc M. E. Keats. Oconto-M. R. Stanley. Onalaska-A. L. Halvorson. Palmyra-Wm. Fowlie. Park Falls-W. J. Webster. Pewaukee-E. M. Paulu. Platteville-C. E. Slothower. Port Washington-C. H. Bachhuber. Poynette-A. W. Kasten. Prairie du Chien-N. C. Gunderson. Prentice-B. V. Christensen. Reeseville Ripon L. H. Moulton. Rosendale-F. L. Robbins. South Milwaukee-F. W. Hein. Viola-C. E. Fawcett. Winneconne-N. A. Anderson. Three Year High School Principals: Independent High School Principals: Kilbourn-T. M. Risk. Manitowoc (North Side)-L. W. Brooks. Superior (Dewey)-H. A. Schofield. Superior (Blaine)-A. C. Shong. THE PENSION BILL VETOED Throughout the state of Wisconsin there was general regret last June when the teachers' retirement fund act, which had passed both houses of the legislature, was vetoed by Governor Davidson. Teachers had lived in the hope that at last they were to be rewarded for poor compensation in the past by a law which would insure their future welfare. It must be understood that Governor Davidson could not act otherwise than he did. The bill, as formerly planned, was excellent in every way. It was passed upon by lawyers of the highest rank in the state, and if it had gone through the various committees, both houses, and reached the governor without any alterations, no doubt the chief executive would have attached his signature thereto. The facts in the case, however, are that upon its arrival at the executive office several serious typographical errors were discovered, even to the omission of some important clauses, but the most damaging feature was the last amendment, which appropriated $80,000 from the general fund instead of the school fund for the maintenance of the teachers' pensions. This Governor Davidson and his legal advisers believed contrary to good public policy, if it was not actually unconstitutional. The large board of eight directors was also a mistake. This bill was so far-reaching in that it touched the salaries of all teachers in the state and put obligations upon district school treasurers, that, had it been signed by the governor and then declared unconstitutional, would have created any amount of trouble and embarrassment. As the governor stated, he was in sympathy with the teachers' pension but he did not want to inveigle any teacher into a scheme which was not absolutely sound constitutionally and perfect in every respect. Let the teachers of the state take heart and with their leader, Miss Elizabeth Herfurth of Madison, who has so nobly fought for the passage of this bill, go ahead for the new fight, frame another bill which will eliminate the objectionable features in the last one, get it through the special session next winter, if possible, and then go ahead with its administration and be sure they are right. faithful to his trust, honorable in his dealings with others, and though he has been many years in the service, he is still keen and observing in all matters relating to educational affairs. No schoolmaster has ever left the ranks of the profession and gone into the legislature and done. more for the cause of education than Mr. Viebahn did last winter. He was not one of those loafing Solons who worked with the machine and voted as the machine dictated, for no question came up that he did not investigate thoroughly before casting his vote. Mr. Viebahn favored the bill for the change of plan in the election of the county superintendent, and for the creation of at board of state inspectors. While neither of these became laws they are, nevertheless, measures which some day will be found upon our statute books. Undoubtedly, Mr. Viebahn will be reelected and again have the privilege of working for the interests of education in the next legislature. THE STATE ASSOCIATION, NOVEMBER 4-5-6 Now is the time to begin to plan for the big state meeting to be held at Milwaukee on Thursday, Friday, Saturday, November 4, 5, 6. Principals and teachers are reminded of the law which authorizes school boards to dismiss school for those days without loss of pay to the teacher. Last year this association had 5,000 teachers present which will probably be exceeded at the meeting next November. The one great thing that will be appreciated by all teachers of the state is the fact that for the first time the association is to meet in the grand new auditorium which has just been completed. Teachers will also welcome the news that the Plankinton House is no longer to be the pronounced headquarters of the association. High prices are doomed and all hotels are available for the teachers the Blatz and the Republican are two of the best. The sections will all be held under the same roof in the auditorium, as will also the commercial exhibits. Let every superintendent, principal, teacher, and school board member plan now to be present at this, the great educational event of the year in Wisconsin. M. H. JACKSON Who leads the Journal Party to Europe next year. Whitewater normal school, with his wife and daughter, sailed on June 19 from Boston and is just back from the trip. He reports a most pleasant and profitable journey and says he will have something to say to Journal readers in subsequent issues. In M. H. Jackson, the popular principal of the Wood county training school, the Journal feels that it has again been most fortunate in securing a leader for next year. He is too well known in Wisconsin to need any further comment on our part. It is not a day too early to get ready for this trip for next summer. Begin at once to do your reading and thereby be able to understand and appreciate the things the old world offers to the traveller. DEATH OF CHARLES LAU On July 10, the man who has probably served Wisconsin for the longest consecutive period as a teacher, passed away at his home in Cedarburg. Mr. Charles Lau was seventy-three years of age at the time of his death and had taught for thirtyfour years in the Cedarburg schools. In spite of his advanced age, he did not give up his school work until last March, when he completed his fifty-third consecutive year of teaching in this state. THE LATE CHARLES LAU Mr. Lau has been a remarkable character in the history of Wisconsin educational affairs. He loved teaching for its own sake. Although interested more locally than generally in the affairs of the state, he was nevertheless an active worker at teachers' associations, a thorough student, and his life goes out with a splendid record of devotion to duty. EDUCATIONAL HAPPENINGS OUTSIDE OF THE STATE. Mrs. Ella F. Young of the Cook county normal school is the new city superintendent of schools in Chicago at a salary of $10,000 a year. Mrs. Young is sixty-four years of age, does not possess a diploma, but knows how to teach school. She now draws the largest salary of any woman teacher in the country. Supt. I. C. McNeel of Memphis, Tennessee, formerly president of the Superior normal school, failed of re-election by the Memphis school board. The National Bureau of Education has moved its offices from the rented building in Washington, which it has occupied for the last thirty-seven years, to more commodious quarters in the old postoffice department building. United States Commissioner of Education, Mr. Elmer C. Brown, has brought about a decided reform in the issuance of the annual report of his department. Bound copies of the first volume are promised on December 1, and of the second volume on March 1, of next year. San Francisco is the probable place of meeting of the next National Educational Association, although Milwaukee is working for the honor. The attendance was very small at Denver this year and will be much smaller if the executive committee decides to hold the next meeting at San Francisco. THE OUTER'S BOOK. The cleanest, most up-to-date, and best nature magazine published is the Outer's Book. This magazine has come to be an authority in the United States on all matters relating to out-door sports. It should be on the reading table of every high school in the state of Wisconsin. The Joural will be glad to send this magazine (regular price $1.50 per year) to any subscriber for $1.50, which renews the subscription to the Journal for one year and brings the Outer's Book to you for twelve months. The Outer's Book offers this year a series of prizes for essays on, or stories of, outdoor life open to the pupils of the high schools of Wisconsin and Northern Michigan. There will be fourteen prizes, divided as follows, $20.00 for the best, $15.00 for the second, $10.00 for the third, and eleven of $5.00 each for the next in merit. The award will be made on January 2, 1910, and the manuscripts must be in by December 1, 1909. The manuscripts will be passed upon by Prof. Willard G. Bleyer, of the University, Henry E. Legler of the Free Library Commission, and Thomas Ambrose of Chicago, who will be kept in ignorance of the authorship. |