Mower County transcript. [volume] (Lansing, Minn.) 1868-1915, 1885-03-11
EDUCATIONAL.
C. d. BELDEN, EDITOR.

The attention of teachers and of school
officers engaging teachers is called to the
following decisions of the Attorney
General
Question /. lis the employment of
teacher by the Treasurer and Clerk of a
school district, without any notice TO the
Directors and without any meeting held,
legal" Answer 1T is not"
lie schools, it is provided that the Board
of Trustees, at meeting called for that
purpose" shall hire teacher. This, by
necessary implication. precludes the idea
of a valid hiring being made in any other
manner. There must be meeting, be-
cause it is the Bonyd, and not the individ-
uals who compose it, who are to hire; and
it must be called for that purpose, so that
each and every member of the Board
may know that the performance of this
very important public duty is the business
to be considered and determined at such
meeting. Judgment and discretion are
to be exercised in making the selection,
and conference and comparison of judy
ments are necessary in order to reach a
proper result. The act is in its nature
judicial, and the general rule of law
governing such bodies. aside from such
positive requirement of statute, is that all
must meet, or have notice to meet, when
official action IS intended. twas clearly
not the intention Of the Legislature to
confer upon the individual members con-
stituting the Board of Trustees, the pow
er of acting separately in the selection
and appointment of teachers. The in
together; the result of their combined
judgment, or Of the majority of them,
constituting single act. The appoint
ment should be made by a majority of
the members convened for the purpose
and with notice to all the members of
the meeting, that they may be present
and participate. Our Supreme Court in
the case Of Ryan vs.. School Dist. ~,
Mimi, 433, strongly intimate if they do
not directly decide, that in no other way
can the district enter into such an agree
ment; again, by the amendment of 1881
to Sec. % of said act, it is provided that
"no contract shall be made or authorized
without due notice to all the members of
the Board of . meeting of the Trustees
called for the transaction of said busl-
ness"
Question I'd. ''ln case of such an H.
legal hiring. if the teacher is permitted to
90 on and perform services IS teacher,
can he recover under the contract?" An
swer: This question is by no means so
free from doubt. 1t was expressly held
in AZ Mich. 827, that he could not; but
the Michigan statute was somewhat
stronger than the one under consideration.
However, if the teacher knew that his
contract was not 80 properly made. that
as Board, signed the same and that the
~ or m nr
fed the same, am of the opinion that
he could not recover. Otherwise, you
could have the two members, who have
thus in an illegal manner attempted to
make contract, by their silence ratify
and make valid their own illegal acts and
by this indirect method, enable them to
accomplish what the law by necessary
implication prohibits. Tie hiring is to
be ''for and in the name of the district"
The contract, therefore, is the contract of
the school district and not of the Board
of Trustees, who for this purpose are the
agents of the district. The ratification,
therefore. must be by the district. The
mere silence of the Trustees is not, in my
opinion, enough.
Question Sd. Can the Treasurer and
Clerk, or either two of the Board of Trus-
tees of school district legally hire
teacher for the district, and If the d.
rector objects to such contract, can he be
required to attest an order for the pay
ment of the teacher, provided the con-
tract on the part of the teacher is full
flled?" Answer: The Board of Trus
tees is composed of the director. treas
urer and clerk, and the board as such, is
authorized to hire for and in the name Of
the district, qualified teacher. The acts
of majority of the Board in such mat
ter, constitutes the acts of the Board, and
are binding upon the district and all its
officers. Hence, the director would not
be warranted IN refusing to attest an
order for the payment of the teacher, on
the sole ground that the contract with
such teacher had never received his assent.
In case of his refusal, he could undoubt
eddy be compelled to give such assent.
Question 4th. HAS the director any
especisl authority in hiring teacherf"
Answer: The director is no more author
lied to hire teacher than either of the
other officers. A contract signed by
either two Of the trustees Is valid.