Brownlow's Knoxville Whig, and rebel ventilator. [volume] (Knoxville, Tenn.) 1863-1866, 1866-02-07
Decision of the Supreme Court.

ROBINSON and WALKER u.s. THE STATE
The plaintiffs in error were indicted at the Au-
gust term, 1860, of the Circuit Court of Putnam
county. The indictment charges they were Com
mon School Commissioners for the Fifth District of
Putnam county, and did employ one Nathan Welsh
to teach common school without his having a GER
tcate of his competency and qualifications to teach
from some examiner. a plea of not guilty was en-
tered and trial by jury, in which the defendants
were found guilty. a motion for a new trial and
arrest of judgment was made and over-ruled by the
court A fine of IS imposed, from which an appeal
taken to this court We think there is no error
in the record. The indictment is founded on section
l,Ol9 Of the code, which is as follows:
1.-The Common School Commissioners shall not
employ any person to teach school uRleSs he or she
first produce certificate of some examiner that he
or she is competent to teach what may be required
by the commissioners"
The language of this act is imperative, and any
violation of it is public wrong for which the party
may be punished. The intention of the Legislature
Is plain. The object was to protect the community
from incompetent teachers. If the examiners dis
charged their duty, none but those qualified could
fill the responsible position. The law is careful that
those alone should teach who have the requisite
qualification and had received the certificate of the
examiner. Section l,O20 provides the county court
" each year may elect one more persons in their
county to examine persons who desire 10 teach
common school, and give certificate if found
competent"
The commissioners were public officers having
charge Of the school district and the distribution Of
the money appropriated for it by the State, and for
any violation of their duty are guilty of nisda-
meanor and liable to punishment No punishment
Is defined by the statute Section see of the code
provides that when the performance of any act is
prone.ted by statute, and penalty for the viola
Iioh OF such statute is imposed the doing of such
act Is mlsdemsanor. 1t * q we'll settled principle
OF the law, statutory or common, whenever a duty
OF public nature is on one, any neglect of the
duty or act done in violation of it is inSictsble-
Bishops com. law, vol. l, p. 537 Wbarton's com
Law, p. 73l. 1t is of vital Importance TO the nre
interests of the State these nurseries of learrng
should be closed to incompetent persons. The eT'
amner if he properly discharges his duty. will see
that none obtain certificate unless they have all
the requisite qualifications TO take charge of the
yo6th of the country and those who selected to
control the schools BY the people of the dis
trict must yield obedience to the law. The State
has adopted system that ought to be fostered and
Garfield out according to the intention of the Legs
lature. Those intrusted with the management of
the common schools must act in obedience to the
law, or they are liable to punishment for the non
performance of their duty.
The Judgment of the Circuit Court is affirmed.
SHACRELFoRD, Judge
! Attest: J. G. FRAzsR, Clerss.