The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1883-07-25

Invisible hllu eAlsg flg ouly III epu'
temptation oflag, itpesesses only
those properties and powtss which
the charter Of its creation ctA(etsi
upon.it." The Legishture is thsl
only power in this State that can
create and bring into being q cor
poration, and when The Legslq.
.ture creates a corporation the only
powers that that corporation can
exercise are those enumerated and
pointed out in the Acts creating it.
Now, as the Act creating Buards Of
Education a corporation, does not
in any Of its provisions either ex.
pressly or incidentally give the
Boards Of Education throughout
the State the power and authority
claimed by tho Gaelic and It's cor
respondent, and the Board Of Wag-
gener, can this Board Of Education
IA corporation assume the power
to revoke teachers certificates?
Chapter is, section % Of the Acts
Of 1881, says thispower rests in the
Board Of Examiners, by enacling
as follows "Tbe Board Of EXAMINE
ers may, upon proper evidence Of
the fact, revoke the certificate Of
any teacher within the countyk for
fanytcause which would have juati.
fed the Withholding thereof The
State Superintendent is referred to
BY the correspondent in the Gazette,
as authority, but the State Super
intendent says in his decisions
and Constructions" printed with
the amendments made to the school
law in 1SS2-aljourned session
that "the Board Of Education has
no power to annul a teachers Ger.
tilicate for any cause" Section %,
chapter Is, Acts Of 1881, Fays mo
teacher shall be employed to teach
any public school 4 4 4 Z until he
shall have presented to the trus.
tees, directors, or board having
charge Of such school a certificate
in duplicate Of his qualifications to
TO teach," &C., thus leaving it with
the trustees or board to judge of
the teachers qualifications as
shown by the certificate, and not Of
The legality of the certificate. If
the Board Of Education do not want
to employ teacher after the trus
tees have contracted with him, it
can do SO only on the ground of
incompetency. 1.-THE Bou-a should
refuse on any other ground, the &C
ceptance Of the certificates can he
compelled by writ Of mandamus.
Hence does not the action of the
Board Of Waggener district need
tuning up a little as to its duty;
for certainly it has Transcribed its
bounds and assumed powers that
belong solely to the Board Of Elk.
aminers.
The Board Of Examihers have.
the power 10 hold examinations at
any time, should circumstances
REQUIRE it, and the certificates SO
sraMed are valid to all iutents aud
purpose, provided the regulations
in conducting them as prescribed
by law are COMPLIED with.
The very spiriL0nd intention of
the law contemplates the holding
of examinations at the close of the
expiring school year, The statute
says the Boardsof Education shall
meet on the first Monday in July
in each year, aud among Other
things, determine the salaries Of
teachers having regard to the grade
Of certificates. Ifan examination
can not be legally held before the
time specified for the Boards to
meet; how can a Board of Educa-
ton intelligently act under this
express provision Of law2 How
could the Board tell the number of
No. teachers or No, 2 teachers to
employ
But another question is raised
by those seekingto invalidate the
certificates awarded in June last,
that Of Institutes. Any one who
has ever read the schoOl.law in 70
gard to Institutes, knows that it
has reference to, and acts only on,
teachers; and not on the Board Of
Examiners.
Teachers are as much under
obligation to attend some Institute
within The present school year, as
if no examination had been held.
The attendance upon some Insti.
tute constitutes i puEsUr tue quail.
fcations requisite to the employ.
nleut of a teacher. The law enacts
IIoI n,,n.,, Iooohnr ,l,o1l oItooJ 80