The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1862-06-07
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Comments on the School Law.

Comments on the School Law.
In a circular recently issued by the Hor
N. BArEMAN, State Superintendent of Put
hc instruction, full answers are given t
the following questions. Cases covere,
oy these answers we are informed com
almost daily before the School Commis
sioners, arising from palpable ignorance O
the law On the part Of Directors, and it i
for their benefit we therefore transfer :
greater part of the circular to our columns
guesttoas-What is the proper course for
SIhopi |oinnil ssionef 70 pursue when he finds tha
schoe Is are being taught IN his county by person.
| VINO nave no legal certificates, or whose certifi
cafes had expired by limitation prior TO their EN-
ployments Whatis the nature and extent of tb,
liabilities OF Boards Of Directors in case they EN-
p'oy tcachers withou: requiring them to exhi b
their certificates; or without any alusion to tn,
subject of certificates at the time of employing
SAID teachers or when they are ignorant whether
said teachers have certificates or not; or wher
they know tt. ss;id eec.sS-.s...- slfs q
at The time ssald e9lp.eyment. Is hat lega
principles arii 70 such cases! - ~. s,
Remarhe-khe line Of coduet to. be
adopted by The Commissioner, and the
obligations and liabilities Of Boards of Di.
rectors, may readily be inferred from the
SD section of the Act under which the
points submitted in the above interrosa-
tories evidently fall That section is as
follows:
No teacher shall be entitled to anv
portion OF the common school or township
fund, or other public fund or 6e employ.
ed TO teach any school under the Board
Of Directors Of any school district III this
State, who shall not before his employ
ment exhibit to said board, or 10 com
mittee OF sa!d board. a certificate of quail,
fcation obtained under the provision of
this Act nor shall any TEACHER I've paid
any portion OF the school or public fund
Aforesaid unless he shall haze kept and
furni 4ed schedules as herein directed"
The language of this section is clear.
explicit, and peremptory. 1t fo.bids any
Board OF Directors ~ empi2y teach er
until he exhibits hi. certificate. If they
do 80 employ teacher who has not, at
the tine ofsuch employment, a valid GER
titicate of qualification from the School
Commissioner OF the county, as reaured
by iaM, they not only become liable 10
the fine prescribed by the 10th section OF
the Act, I'D falling TO discharge the du
ties enjoned ulon them IN tie m11,er pre-
scrited W TAR: but they also become in
my Judgment, personally liable for the
teachers wages Tor the time during lich
he Was pe1nItted to teach without i GER
titicGtc; because. a school taught bv q
person who has not q legal certificate is
MT conducted according 10 laws not 4
public school within the meaning OF the
Act. The School Law Gone Of lis essen
tial requirements not having been COM
piled wItlD does not recognize such -
school anp hence the agreement betw cen
the d!Eectdrs and the teacher, under such
clrcamstaIces, nQt having the sanction OF
the school law, mns. b viewed =, o: the
nature of q private contract, and mutual
liabilities and obligations Of the parties
are SUCH, and such only, as arise from and
are governed by the general law Of con
tracts.
But the Eection quoted goes further 1t
not only idrbids The employment OF teachers
who have pot valid certificates at the time
OF beng 40 -eilIlinH HAi- bat pcrNn. ;,tefiiy
forbids ti1d FiyHeHt OF teachers so employ
Cd out Of the common school or town
ship or other public fund Should a
teacher beIpermitted to close his schedule
without complying with the provision OF
law under review, 1t IS nanifeat that the
directors ctn not certify said schedule il
the prescub bed form; for the law REQUIRES
them tScc 30 10 peclare in express
terms that the teacher has a certificate of
good moral chaIacter aEd o, qualifications
10 teach common school. and that the
school tgF CONDUCTED according to law. ,
No schedule is legal OF valid, nor can q
township treasurer accept or in any man
ner recognize or pay a schedule. in which
the above facts arc not expressly set
forth 10 the certificate of the directors
ig1,t Lgr,- f.,
teacher ms 4 certificate when they either
do not aloo that he hIs. or co k.,e,r that he
has nor Or how can they assert that the
school was conducted &ccord!n: to law.
when ihey know that unless the teacher
has legal certificate his school can not
be conducted according TO law?
Butlf the directors should. either in
ignorance or in deliberate violation of the
law and of truth, venture 10 certify the
schedule. in the case supposed. it would
nevertheless be the duty of the treasurer
TO feirse payment, provided he was for
ina!ly md officially appr.sed of the facts
IN the case, For, although a treasurer
can not, as q general rule, go behind the
schedule and challenge the truth Of the
directors certificates, yet he is bound to
do so I! 4 case OF such manifest disregard
or violation OF law as the one under con
sidefaiion; pr0riasR, as before said, that
he has positive and official information on
the S'Rject
It will be understood that the views
here presented apply to cases where
teachers have not legal certificates at the
time Of their enp!oemeat 1t often occurs
thaj certificates which are in force at the
tine their holders were employed and
commenced their schools expire by llmi-
taion prsorto tie close of the term or period
for which the teachers were engaged. In
such cases it is held that, since the condi-
tions required by law existed at tie time
tie contract was naic, said contract is not
iryalidated by the above contingency;
bat the schedules should be paid for the
whole time embraced in the contract, the
same as if the certificates were promptly
renewed at their expiration. But while
this opinion is believed to be entirely
sound in a legal sense, ! would, l.everthe-
less, earnestly recommend that certificates
be IN all eases renewed without delay at
heir ex 'iration. This course would pre-
tent the possibility of delay and trouble,
and hence the wisdom its adoption is
manifest
THE TORRoRS OF WAR-W F Keeler of