The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1868-12-06
PUBLIC EDUCATION.
The Conflict Of Authority Between the Twen'
ty-Grst Ward Trustees and the Board Of

ty-Grss Ward Trustees and the Board Of
Education.
The Trustees OF the the Twenty nrst ward having
refused to continue in charge Of Of the schools
In their ward on the ground that the Board OF Edu-
cation had illegally nterfered with them, the entire
matter was referred to the Committee ON Bylaws,
Elections and Qualifications OF the Board Of Educa-
tion, who, after full and impartial investigation
into the merits OF the case, made the following re-
port which win be found full OF interest to every
body connected with or interested in our public
schools
To THE BOARD OF EDUCATIoN:-
The Committee on Bylaws, Elections and Quaf-
cations, TO whom was referred communication
from the Trustees Of the Twenty first ward, in which
1t Ii set FORTH among other things that "during the
past three years while the Trustees have been per-
forming their duties the Board OF Education has IN
trary Interpretation Of law" anda that .the
OFT interference OF the Board OF Education
Ward School No. 80 has rendered 1t impracticable
for the Trustees Of the ward longer to attempt the
management Of the SAID departments under the ex-
as an example Of such alleged Interference the de-
cision Of the Board OF Education on the appeal OF
the action OF said Board OF Trustees in remov
ing him from the position Of second assistant and
appointing him to lower position, at reduced
salary and making this new appointment terminate
the 3lst day Of December 1858; and the Board "
Trustees therefore declined to administer the affairs
and also an additional communication from John
Stephenson, one Of the trustees OF said ward, in
which he objects to the construction OF the School
law, as recently administered, and desires to have
It restored to the practice that was pursued under
the laws passed in 1853. COPIES Of said communi-
cations are hereto annexed.j
Your committee respectfully report that they have
carefully considered the communications referred
to them, deeming it OF the utmost importance to ex-
anime into the serious charges made, and, II any
just for complaint against the Board existed
In reference the school in question, to recommend
remedy; or II any unfair or improper construction
Of the law governing the appointment or removal OF
teachers Is or has been made by this Board In said
school to advise its reconsideration 1t being appar
ent to all who give time and attention TO the govern
ment OF the schools whether they be commissioners,
inspectors trustees, that any course pursued by
any OF these officers adverse TO fair Interpretation
OF the School law, would lead to great emDarrass-
Eent and ultimate injury to the whole school
system.
Your committee, with desire to hear oil the par
ties interested or who could give any Information on
the subject, caused the Trustees OF the Twentyhrst
ward to be notified to appear before them. MessrS.
Stephenson, Higgins and Gahegan, the Trustees and
Mr. Boese the Clerk OF the Board, were heard on the
matter, and from their statements your committee
ascertaned that the cases OF interference In the adj
minisratiOn OF the male department OF Ward School
No. 49," arbitrary interpretations OF law" &C.,
On the ist Of November, 1858, the Trustees Of the
Tweny-first ward presented to the Board Of Educa-
ton certain charges against Mr.. Wood, the principal
OF Male Grammar School No. 40 and while the mat
ter pending before committee Of the Board the
principal gave his resignation to Mr.. Stephenson,
Dlo Vi lTubJecS 10 cHeCJ
afterwards. Mr.. Wood subsequently, and before the
Trustees had taken any action on such resignation,
sent a note to them and copy OF the same TO the
clerk OF this Board, In which he stated that the re-
slgnation was Improperly obtained from him, and
that 1t OF effect, as 1t should have been sent
to the Board OF Education. The Trustees however,
nominated TO this Board successor for the princi.
palship OF said school, but the Board OF Education
decided that there was no vacancy. The Trustees,
through counsel, then endeavored to obtain Il man.
damus IN the Supreme Court to compel the Board Of
Education to appoint their nominee. The application
was denied by the Judge, at Chambers, and, on APP
pea, by the General Term.
The next case was that Of Miss Louise D'Orsay a
female teacher, who had been transferred from this
scnool TO lower position, with less salary in the
male department OF Ward School No. il, and one
month afterwards the Board OF Trustees removed
her. She appealed from the action OF the Board OF
Trustees on the grounds:-First that her removal
had not been approved by a majority Of the School
inspectors OF the district, and, second, that her
record as teacher was unexceptionable. The su-
perintenuents OF schools, the principals OF the re-
spectve departments the records OF class exam
nations all sustained the reputation OF the lady as
competent and successful teacher, and the Board OF
Education, by unanimous vote, decided that the
removal was illegal and VOID on account OF the refusal
OF any OF the inspectors 10 approve of the act and
also that there was no cause whatever Tor her re-
moval.
The latest case is that OF John Skinner a teacher
who was removed from the position Of second as
slsSant IN sad school, and appointed TO that OF
Ioart assistant a @ o. moi "a s ~ ts
position would expire on the 31st day OF De-
cember ensuing. MT. Skinner appealed TO this
notice served on him was signed by "John stephen
son. chairman OF the Committee Of Teachers In
stead OF the officers or an officer OF the Board OF
Trustees, and also that IL did not state that the
action was taken at meeting OF the Board OF Tras-
ices or when the meeting was held; and also that
II meeting was held, that the Trustees had no legal
right 10 remove him from position appoint MIN
TO u lower one, with o reduced salary, and make
the appointment expire within few months, when,
IN his original position, his appointment was to con-
tinue during good behavior, unless such action was
approved by majority OF the Inspectors for the dis
inA and oil hat anlrx TINA Of
forded the Trustees by the Committee on Teachers OF
this Board, before whom this appeal was pending,
TO correct any n0rnalities In the notice served on
The appellant; but they declined do so. The Board
OF Education decided by unanimous vote that the
appeal Of the teacher should be sustained for ille
trustees.
1t also appeared on the nearing that the Trustees
D,Orsay's appeal notified the assistant teachers ia
al the schools OF the ward that they must resign
their positions and accept appointments to expire
the 3lst day OF December OF each year, and that In
case Of refusal they need not expect promotion. The
object that the Trustees desired TO attain (as stated
by the then chairman OF their Board was TO make
that clause OF the School law that gave the teachers
the protection Of the Inspectors IN cases OF removal
nullity.
going cases (but two OF which "intcrfered with the
administration OF the school," there was any inter-
terence at all a. the lady employed In another
schooD led The Trustees to send their extraordinary
communication with Mr.. Stephenson's supplement,
TO this Board, and were IL not Tor some questions
developments on the arguments before your commit
tee, the whole subject could be disposed Of with very
little difficulty.
The first question and the mo 1T important Ia as TO
the right pr0priety OF adopting rule to make the
appointments OF teachers for liked period. Section
IL Of the amended School act passed In 1854 page
OF the Manual for 1885, which relates to the appoint
ment and removal OF teachers. is As follows:-
SECTION i2Thc schools in the several wards shall be
classified grammar, primary and evening schools and
for the SAID schools shall be appointed follows
Principals and vice principals by the Board OF Education,
upon the written nomination OF majority Of tho trustees OF
the ward, stating that the nomination agreed to at
meeting of Trustees which majory of the
whole number In oce were present. Other teachers and
also janitors, shall be appointed by majority OF the
for ward at meeting OF the Board OF Trustees
ANY be removed the Board OF Education
upon Of the City Superintendent, OF
the for the ward majority Of the
The Board OF Trustees for the
ward, by the vote OF majority OF tbs whole number OF
In Office, also remove teachers employed therein
other than principals and vice principals and may also re-
lantors provided the removal 10 approved In writing
Nv Inspectors Of tho district and provided
any teacher removed shall have right to
PEAL TO Education under such rules II
prescribe the ad board shall have power after hearing
The OF the trustees to renstae the teacher
IL will be readily perceived that the law contem.