The Manitowoc pilot. [volume] (Manitowoc, Wis.) 1859-1932, 1868-01-17

Sub-section IL, School Code of ls67). Now.
in order that these questions may be de-
termined oy the people in district meeting
assembled, they must be undecided and
undetermined at the time Of the district
meeting. The law does no. give the Dis
trict Board power to determine these
questions, unless the people shall fail to no
so at the annual meeting. Now, if the
Board can legally employ teacher for a
period longer than that between the date
of the contract and the annual meeting,
they can deprive the people of the powers
the law confers upon them, for the Board
may employ a E.ale teacher and the people
may desire female teacher, or the Board
may employ teacher for twelve months
and the PEOPLE may determine to have a
school but five months 1t is my opinion
that the old Board can only make a con
tract covering the time for which they hold
Office, and that this must be subject to the
decisions of the annual meeting that elect
ed the last member of said Board any other
construction would evidently defeat the
obvious meaning of the law, which is to
leave power with the people, and to confer
power upon the District Board to deter
mine the questions already mentioned, only
in case the people fail to do so. This
department holds, therefore, that District
hot bni no
binding upon the district, only as it Is
made subject to the decision OF the people
q; the annual meeting, and that a contract
made with peisCn to teach the school OF
district, fer q time longer than the Board
making it remains in office, Is subject to
rejection or approval ~ a succeeding
/ Board
4 2. The employm of persons as teach
ers who do not hold certificates of qualfi-
cation is expressly forbidden. y copy of
the certificate must be attached to the con-
tract. (See Section AZ, School Code. 1867.
No school officer has any authority TO dra
an order countcrsign or pay one, which is
in favor of a person for services as teacher.
Willie such person did not hold an uacrpirec2
certificate.
3. Certificates cannot be made to cover
past time 1t does not follow that teach
er who is qualified this winter was qualified
| last summer, and if there were no doubt
Of the persons qualifications anterior to
the time of examination, the law makes no
provision for dating back the certificate.
| now answer your questions
First. 1t is not your duty TO counter
sign an order drawn to pay for services
rendered under a contract with person,
who did not hold certificate during all
the time covered by the order. To do so
would be clearly Illegal.
Second Contracts must be made, sub
iect to the action OF the District Annual
meeting, as provided in sub section II, of
section 10, School Code, 1867, and to the
action of the Board, as constituted by the
annual meeting, if said meeting does not
determine the matters mentioned in said
subsection.
Of course the foregoing remarks and
opinions are based upon the surposition
that your schools are organized and con-
Quoted under the general school law OF the
State If you have any special powers
granted you by any local law, the opinions
may lie different.
am, very truly yours,
,INo. y. MCMYNN,
Supt. Pub. instruction