Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1845-11-27
G o an m schools.
For The Green Mountain Freeman.
Common SchOOIS4mr.NO 2.

iHSu6u W DLuH lnC lCOCooHy vi ~ AdN0 "A ASAuehO ~
our schools. | doubt not it will readily be seen, that
something more than ordinary legislation will be need
ed to correct or remove all the evils whichexist, Great
wisdom and caution should be exercised in forming
new laws, else they may appear to look one way, while
they rOto another.
It will be remembered that some IL or Is years
since, q law was in operation in this State, requiring
each town to choose a experimenting committee, who
was to have the general charge and superintendent of
all the public schools in said town. 1t was the duty Of
this committee to visit each of the schools some eight
or ten times in a year, to see if the scholars were well
supplied with books-to inquire into the regulations
and discipline of the schools, and of the habits and pro-
f%iciency of the scholastic determine the class books
to be used in the r~espectjUe classes in all the several
schools, &c. &c. To do thisfwould require a vast a.
mount of labor; and the law,I suppose, contemplated
that towns would choose a. liberal set of men, who
would be willing to givc all their labor, as the man
said, "free gratis for nothing"
W. would like to see the committee who perform
ed all the duties pointed out as devolv;ng upon them
BY this statute. We would move that they have the
general superintendent of all the schools in the State,
especially if they would work for the honor oft.
But the peculiar feature of this law, to which | wish
more particularly to call attention, and which was, no
doubt designed as q Hprotection" to school districts, is
the following" And it shall be the duty of such COM
mittee to require full and satisfactory evidence of the
good moral character of all instructors who may be en-
ployed in said town, 0F7and to satisfy themselves by
personal examination, of their literary qualifications for
teaching, and capacity for the government Of schools :
and then followed this "protective" feature: "And no
instructor shall be entitled to any compensation for his
or her services in the instruction of any of the schools,
without obtaining from said committee, or a majority
of them, a certificate. of his or her qualifications, as
aforesaid"
1t will be seen, by reference to the act in question,
tina. towns were liable to a fine of from one to two
hundred dollars if they neglected or refused to choose
this committee. But although the duties of the COM
mitee were so specifically defined, no penalty or fine
was imposed upon them, if they neglected any part or
the whole. Consequently, a teacher might repeatedly
make application to- be examined, and might be as Of
ten put off by any and every kind of pIei; and although
his ability mightbe unque5tionable, and he might have
III his pocket any number of "cert% icltes," procured in
previous years, and in other towns; yet all this would
pCp III avail lIC LlSIl lCJ ulOll Ills Cll-Cilltu
reputation, commence and continue his school, and give
abundant satisfaction; but, should some accident turn
the tide Of popularity against him, las popular favor is
ever tickle as the wind and the district refuse to pay
him; for the want Of a certificate of that years date,
and from the experimenting committee of that particu-
lar town, he would be barred in the recovery of
his claim; or in other words, he would be punish
ed by the forfeiture of just wages, faithfully earned,
for a fault not his own, and for the neglect of another!
And all this, that school districts may be protect
eF' from the imposition of poor teachers!
But every one would say, The statute meant no such
thing! The Legislature did not mean to deprive capa-
Bile and meritorious teachers of a full compensation for
their services! True enough. But many an honest
ltigant has found that the spirit of the law was of no
avail, when his knavish opponent has discovered that
the letter and spirit did not agree. Our courts, in de-
Gliding questions under this law, followed a principle
long since established. They did not stop to inquire
what the legislature meant to do. They took the law
as it stood, letter for letter, and decided according
to the strict import of the words. 1t was of no use to
plead in court that such was not the intention of the
legislature. The question was not, What have they
intended to pass, but, What they did pass. The court
decides that it has no authority to suppose the intention
Of the Legislature, but to take the words in their ordi-
nary import, even though the consequence should be
to defeat the object of the law.
These principles are, without doubt, correct, for il
would not do to put q construction upon an act no
warranted by its phraseology, in order to give effect tc
the supposed intentions of its trainers. claw is law
and Judicial decisions must 90 to sustain law, even
though Justice should hang its head and blush for the
deeds done under its high sanction. This principle
carried out, has often operated against the homes
rights of litigants, and will continue to do so until leg
i~slatures have wisdom enough to say what they mean.
hope, if our legislature enact any laws for the pro
lection of school districts, they will work with thei
eyes open, and that they will put up all such bars. W.
want a law which shall recognize a teachers rights, ant
afford them ample protection,-a law which shall pu
hin on an equality with the district, and then, in cas-,
of litigation, it will be hard enough for one man, anC
especially a young man, without experience in thu
crooks and quirks of lawyers, and the uncertainties o
law, to maintain his suit successfully against a who'll
district.
a district employs an instructor, they should b.
compelled to pay hin for all the time he is in their EN-
ploy. If they allow themselves to be imposed upon,
is the fault of their own neglect, and it as right tina
they should suffer the consequences. If they ge
cheated, for once, so much the better; it will perhap
learn them to select their teachers with more discrim
ination and caution. The thing which above all other
they most need to know, and which they have an IN
questionable right to know, before employing a teach
er, is, his qualifications. 1t sounds of Incidence, if nc
of foolishness, to complain of the successful ~impositio
Of an unqualified teacher. No district need be impose
upon in that way. Ifw wish to give a suitable Ell
couragement to good teachers, we must protect thei
rights, pay them well and use them well.
We want a law SO framed that districts cannot tax
advantage Of their own wrong, or oftheir own neglec
and come into court and plead the same so as effectl