Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1872-03-05
Official Opinions upon Matters Relat
ing TO Schools and School Districts.

A. 1t has the law is operative IN
regard TO Saturday and in requiring
that % days shall be considered as
teachers month, only where the
contract is silent on those points.
q Can the town system be adopt
ed at a special town meeting?
A. The phraseology OF the Law is
somewhat obscure, but taken in con
nection with the provisions of sec.
tons l6, II and Is Of chapter 10 Of
the Revised Statutes, it must be held
that the Legislature did not intend
that vote should be taken on the
question at any other time than at
the spring and fall elections
z. In case a district instructs the
board to admit no nonresident chill
dren to the school except on payment
OF tuition, what shall be done if
man moves his family into the dis
trlct with the avowed purpose of
getting the benefit of the school for
the winter, but intending to move
back to his farm, in another district.
In the spring, and yet insists upon
sending his children to school with
out paying anything?
In such case no change Of legal
residence is effected. The children
belong to the district where the mans
legal residence is; and if they persist
IN coming 10 school, without the
payment Of tuition aud the consent
OF the board, the board is justified in
torbidding them to attend and in
directing the teacher 10 give them
no instruction if they como. AS an
act of courtesy or kindness, district
may authorize the admission Of non
resident children to the school, with
or without the payment on the tuition
If the school is not crowded, but
when q district, at considerable ex-
pense, has established and maintains
superior school, it is quite right to
resist the crowding into it of pupils
who belong elsewhere, unless pay
ment IS made for their tuition.
Q Is 8 teacher under obligations
to give instruction TO pupils over
twenty years of age, or to those
coming from other districts, without
extra compensation
A. 1t is the general duty of a
teacher to give instruction to all who
have right to attend school. This
right belongs not only to the children
OF school age legally resident in the
district, but to persons over twenty
years OF age, and nonresident pupils;
proUided, they have been admitted to
the privileges of the school, by the
board, under subsection eleventh, Of
section 10 of the school law. OF
course no misrepresentation should be
made TO the teacher on this point,
but be should be sharp enough to
look out for all these things before
hand and it is wise to have all
contingencies provided for in the
contract, which will prevent I'M
pleasant misunderstanding.
Q Has a teacher legal right to
make and enforce the rule that the
scholars shall "write compositions p
A. La the matter of rules, it is best
for the teacher to act under section
titty.two-that is, have his rules
sanctioned by the board. 1t is o.
course legal TO enforce the rule o.
writing compositions, if the rule has
been legally established. In fact the
exercises of any school may be con,
sidered as grossly defective, if every
scholar who can write, and put word:
together, is not required TO do it,
But then it need not be called "writ
ing compositions" The pupils may
constantly be doing this, as a par
of their exercises, in almost every
branch, and yet never suspect it.
.. Can the voters of district, a.
an annual or special meeting, fix th,
wages PER week or month to be paiC
to the teacher ?
A. They cannot; this matter rests
with the board to determine. TIL,
district indirectly controls the boarC
by the amount Of school>tax voted
Q. Can a school-distrlct, if dssatis
fed with the teacher, discharge hin
by vote to that effect, at speca
meeting?
A, The district has no power t.
bire or discharge teacher. Thu
matter rests with the board
Q. What action can be taken, if
s&hool board employs an unqualified
teaMher?
A. This contingency is met by
Section 1876 of the School Law, whicl
provides that "any clerk who shal
draw an order upon the treasurer fol
the payment of wages of teacher
not legally qualified, or for any Other
purpose not authorized by law, anc
every director who shall countersigr
such order, shall be liable TO fine oil
not less than twenty nor more than
one hundred dollars; and any electol
may prosecute for the use and benefit
OF such district, for the recovery OF
the fine prescribed in this section"
Q Is it proper for county super
intendent to annul teachers cert.
ticate for neglect of duty-he being
perhaps, a physician, and leaving
school to visit patients, or lawyer
and going out to counsel with clientsl
A. This is a matter for the board
employing the teacher to regulate
If he thus fails to fulfill his part Of
the contract he should be discharged
Q Would county superintendent
be justified in refusing new certif-
cate to teacher who had previously
neglected his duty?
A. Not unless be was perpared to
show the neglect to be of such a
nature as to amount to want OF
moral charaster
Q Can creditor garnishee O
school board for wages due to q
teacher?
A. Aside from the statutory pro
vision in regard to wages for 60
days, it was held in the case Burn
ham Us. City of Fond du Lac Us
Wis, 194), that the Indebtedness of
municipal corporations is not subject
to attachment. The reason given