The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1882-05-23
From the Ohio State Journal.
SCHOOL EXAMINATIONS.
Teachers to Qualify In United States
HistOry--OpiniOn as to its Ia
king Effect September 1.

The Legislature last winter passed
what is known as the Hartshorn law,
whi2h is 10 go into effect September L,
and which requires teachers in all the
public schools of Ohio to pass an exam
ination in United States History. There
| is considerable question as to whether
teachers already holding certificates and
! some that have made engagements to
teach Tor the coming year will have to
be examined. The food of cores
pondence on this subject bas called forth
the following opinion from the State De-
lpartment of Common Schools:
In answer to numerous letters regard.
ing the operation of this law, respect.
fully submit this opinion: TO employ
does not seem to bear the same narrow
meaning as "to engage" "to hire" "to
make contract with" Webster defines
the word "to keep in service;" 'to use
as an agent, servant or representative
and the like. This would indicate that
under the law no person who has not re
ceived certificate to teach Uni ed States
History can be "kept in sarvice" after
the first day OF September next. But
the Constitution protects parties from
such operation of law as would ''impair
the obligation and validity Of contracts.
Hence it is believed that any contract
made before the passage of the above
law, April 5, 1882, is binding to its end
under certificates which were adequate
when the contract was made. The pas
sage Of the law, however, is notice 10 all
parties contracting with the State, as
teachers, subsequent to such passage, and
the law, as 10 all its provisions, becomes
a part of all such contracts. Hence all
parties making contracts after April o,
1882, to teach a common school in the
State for any term containing after Sep
temher |, must, think, have addict to
their certificates United States History
in such manner as to cover all the time
to be employed in such teaching after
September l, 1882
As TO the claim presented by some of
the letters, that certificates running for
two, three or five years are contracts, |
cannot see in them the characteristics OF
contract. They are certificates Obtain
tanned by teachers in conformity 10 the
then existing demand of the State, that
teachers should possess certain qnalifi
cations as conditions precedent to EN-.
pioyment 10 Its schools. 1t certainly
may enlarge these conditions precedent
to the validity of contracts to be- here
alter entered into, and may demand the
certified statement of its officers L.fat
these qualifications are possessed. OIL
course every one knows tIat~-the opin.
IONS of this Office are in no-s9nse legal
decisions.
d F. DEWoiF, Commissioner
Section 4073 was also amended by the
last Legislature as follows: "And the
examiners may grant certificates for five
years 10 such applicants as in addition
to the necessary qualifications have been
for three years next preceding their APP
plication engaged in teaching, eighteen
months Of which experience shall have
been in one place, AMI each certificate
for FIVE years shall be renewable without
examination at the discretion Of the
Board" In the last clause OF section
4073 the word Incorporate is also inser
ted before the word immoral.