The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-01-16
Supreme Court-special Tern.
nroRrAkr OPINION IN rnR pEosMnKR rsRx


The People rel McIcr Board Of EducIto~-Ed-
monds p. The question involved this motion Tor
schools for the city and couaty OF New York
has power 10 apnul . license granted to teacher
The county supsiintendents had that originally
and tive town suparintsndents have 1t In Novsm-
ber ls47 the Office OF county superintendent a5ol
shed In every county except New York. Ard th.re Goa
tDusd in that county be count superintendent I'M
I'll 1851 when that office also was abolished aud city
superintendent substituted and his and duties
defined They nearly the same eth these for
wsr. Two marked .issrstns One vas that the county
superintendent without d, could grant certificates
only after an ,1snrao in conjunction with the ward
spector The other that that part OF the statute
which gave the county the power to annul
6 not in express words enacted in regard
TO Superintendent So that the power to annul
certificate has not teen granted 10 terms 10 the city
superintendent a. it was formerly TO the county
supetiu eud.n,, aud il to ihe town superinten.
dent ADD IL Ia claimed only by necessary iuploaton
That claim rest upon two grounds;-lst that I'VE tns
the power OF removal IL necessarily implied; and 3D.
that il la i'm piled in the general clause OF the sAt1s
creating Of city superintendent, which makes 1t
his duty ger orally by all means In his power. to pro-
mote oupd elevate the character aud quAhck.
tiona improve Il Of instruction. and ad
VAL he the schools committed bis
Az the 6st confederation 1t will be enough to rsmArk
that the examination Of teacher and licensing him,
hsrdly be cali an appointment 10 oics And ~ TO the
second 1t worthy note that tina precise words OF this
general delegate of powers in the act ere tns the
tNics OF county superintendent. aud Immediately pre-
csced it. that the inference Is Irresistible that it
desis nedIy omitted Whether thus omitted because
deemed unnecessary included in the general clause
intended not to confer the powell Is not
clear can hardly suppose that tbs latter was the
linton hoD for ther while tbs power OF annuing tho IL
Of hy teacher Ia vested in every iowa su
p@rntsroent in th- Ssts however small the town or
parse its pupu ation-ano some Of them have popus.
Ii u scarcely exceeding hundred-that power would
not exist at all Ia the city whieh has popuA-
lion Of h.H mi lon for be II remarked,
thu. the city superip epdent has not the Ia
psseseed in the city by Of the officers Of the
common tcborls not by implication. On the other
hand with this general clause 1t quite unneces Ary
to repeat the particular eDsctmeut authorizing him to
null license for l. would very paturaly and almost
necessarily, be inv in the enact msnt which makes
it hs day. "by ali means in his power to elvAts the
character I'd qualifications OF teachers" For my part
end colt conceive what he can have, after
lcspss is anted thus to elevate the character
of teachers, upless it BE- the sautsry restraint which
must flow from hi, possessing the to aunu the
Ecepse And that restraint must be more serviceable
for the object in view than grant license 10 the
FIRST instance For In granting license among
= dense population, where 1t Is so difficult to got
ut true spowiedgs OF The real character OF any
there is much greater liza oty to than among
lsusntsble. and strange omission 10 tbs law, that
with this greater liability to there should be pro-
vced less OF correcting It, ludesd, 1t seems TO me
that 1t ia absolutely necessary that the should be
lo6geu and there words In the statute
relating to the cit, which confer 1t any unless
these general words confer it tbs superintendent
The wocs certainly broad enough TO confer It, and
comprehensive enough to render special enactment
Unnecessary. specill enactment on the other hand
necessary In the of four supsrin because
any expression from hich the poser could be implied
therefore, am OF opinion that the power has bssn
properly exercised by the city superintendent in this
case and the motion tor mandamus must be denied.