Evening star. [volume] (Washington, D.C.) 1854-1972, 1889-08-26
NORMAL SCHOOL APPOINTMENTS.
Attorney Davis Approves the Practice
Of the School Board.

Assistant Attorney Davis last Saturday, a.
stated in TIE STAn, rendered an opinion rela-
tive to appointment Of normal school graduates
to the positions of teachers in the public
schools. The text Of the opinion is rs follows,
I have considered your order Of July Is. 1889,
relating to the appointment Of graduates OF
the normal schools 'as teachers in the public
schools and the communication OF the board OF
school trustees in relation thereto, both here
with returned.
Your order was based upon the act Of the
late Legislative assembly Of June %. 1879 estab-
iishing "a normal school for the city Of WASH
,ngton facts assy., sess. i. p. 500, which MI.
Riddle has advised YOU is in force.
Inc proviso to the third section Of this act is
in the following words: That the graduates OF
tins school shall have preference in all cases
when appointments Of teachers for the public
schools are to be made" The order Of July rs
In effect provides that all normal school avail
aoies snail De appointed before any others re-
ceive appointments, and in the communication
above noted the board Of school trustees pro-
tests against the mandatory directions given BY
the order. In this communication the history
OF the normal schools Of the District il re.
viewed, put In the view take of the question
presented Tor my consideration deem Il un-
necessary to deal with that feature.
Inc trustees referring TO the proviso in the
act quoted, truly say: This proviso ia SUBJ
1ect to two constructions, either one or the
other Of which IT WAS and is necessary that the
board should adopt and follow: Either the
construction that all vacancies among the
teachers must be dlled by graduates Of the
normal school where any graduates remain nm
employed, or the construction that normal
graduates must be appointed in preference 70
other applicants, other things being equal. in
the reasonable and just discretion of the
board"
I have no difficulty in adopting the latter q.
the proper construction. The language Of the
proviso, as it seems TO me. is not capable Of q
different construction. Had it been the inten.
ton OF the legislature to require absolutely the
appointment OF normal school graduates i,
would have used language to express this in
tention, such as ''All appointments to vacancies
among the teachers for the public schools shall
be hlled by appointments from among the
graduates Of the normal school," But the Ian
guage actually used is far different 1t merely
requires that the normal-school graduates
shall have preference in the matter of appoint
ment What this means seems to me too clear
for doubt. Is means that when an appoint
ment is to be made and several persons, o,
whom normal school graduate is one, appear
Otherwise equally entitled to appointment the
normal school graduate. merely by virtue OF
being such graduate. shall be preferred. Very
clearly this leaves to the proper authorities the
determination Of the question whether the
several possible appointees are equal in other
respects than being graduates Of the normal
school,
Accordingly, think that the order of July
Is exceeds in its requirements those of the
law, and that it is not incumbent upon you to
Insist upon the order unless you find that il ID
being violated or In danger Of being so.
A recent opinion of the Attorney General on
the subject of appointments to the civil posi-.
lions in the civil service is in full accord with
this view. An act of Congress (Sec 1854 r.
s., U. So provides that in such appointment,
r@erence shall be given to q certain class OF
persons. This means, says the Attorney Gen.
erai that preference shall be given, ''other
things being equal" to the class of persons
named in this section. And he proceeds: "Oi
course the matter of cana.
bility and personal fitness is still matter for
the appointing power" think that the prac.
tice of the board of trustees as set forth by it
fully observes the law.