The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1891-11-20
OW PRINCIPAL TEACHER,
q Helena School Trustees Find
They Cannot Hire 1 City
Superintendent.
hey Make Nj. Young Head
Teacher OF the High
School.
tor He II Principal Teacher " tho Dis
trlst-A Legal Opinion From the
Attorney General.

After several efforts the school trustees Of
slena decided yesterday afternoon Just
hat they would do with Superintendent
q. Young, Of this city. Nj. Young WAS
red By the old board Of trustees NJ super
tsndsnt Of public schools under aetwp
ar's contract, which expires in April next,
d which calls for the payment OF $4,000 q
Ill. He succeededod Supt. A. u. Carlton,
ho had followed Charles u. Howard. I'M
i m opinion Of Attorney General Henri
Haskell, it appears that there ia no
nthority to appoint q superintendent OF
~ schools anywhere in Montana. When
: presents board OF trustees heard this
ley at once went to work to figure ont
me way Of getting the benefit Of Mr..
oung's services for tho remainder Of tho
10 years Of his contract. At q meeting
I'D ! few days ago the trustees got around
10 dihioulty-or thought they had-by
setting the superintendent to the position
principal teacher in the high school,"
) there were no other duties for the ''prin-
pal teacher, eto.. !" the board assigned him
J the position Of looking after the general
bhsol business Of the city. On
boking MP the matter, however, ii was
bund that tho board could not ind any
uthority for tho appointment Of q "rrin-
pal teacher Of the high school" other
ian s. A. Merritt, who Ii supposed to hold
hat position. Az 4 meeting of the board
cid yesterday Trustee Langhorns moved
reconsider the resolution of tho previous
ession creating tho Office Of principal
bashsr,'' ste. Ills EXPLANATION Of the situa-
on was considered sufficient, and ths mat
br was rsoonsidersd. Trustee Guthrie
hen moved to strike out the words super
ntendsnt Of schools'' aud insert those of
principal teacher Of ths school dis
rict," in that part Of the rules per-
aiming to the former office, Some
tile discussion was INDUCED - g. e.
hs case. but IL was decided 70
Try 1t and let them work tho law on as"
nd Trustee Guthris's motion was adopted.
dr. Young's salary AS superintendent OF
chools. principal teacher Of the high school.
nd principal teacher Of the school district,
smAins the same, $4,000 per annuIn. The
opinion OF Attorney-G General Haskell, which
allied for those proceedings on the part OF
The board, is az follows:
HELENA, Nov. u, 1891.
Hon. John Cannon, Superintendent Pub
10 Instruction, Helena. Mont: Dear Sir
We are in receipt of a communication from
our department, under date of Oct. "a.
s9l, containing the following queries, and
lpon which you request an opinion:
1. Does the school law Of Montana recog-
hize, in the administration OF schools. such
In officer as a ''city superintendent Of
tchools?'
3. What authority nave boards Of trustees
o am yloy such an officer?
8. II such IN officer ia employed, what au-
L-u;<. = rsrA,x %runtaou Tn r,nw Far corvinon
rendered by the city superintendent from
he district funds?
4. Are the ~truBteeg of . school district
personally liable for the money (salary OF
bity superintendent 30 paid, or has the dis
lriet any recourssI
We engage in the discussion OF these
hu%estioms with reluctance and many mis-
kivings "a to the result, in view Of this fact
that our conclusions May disturb that
Serenity and security which some worthy
persons, occupying official positions, are
how enjoying. In recognition Of the rule
|of law that, however unpleasant the duty ~
10 be performed, the rule i imperative and
the law ineIorable, We will consider these
questions in their order.
In the consideration Of these questions
Ne must depend wholly upon the statutes.
All authority to appoint and create school
~officers, teachers, mechanics and laborsrs,
depends wholly upon the sanction Of tho
legislature being FIRST obtained.
School districts are considered quasi cor
porations Of ths most limited power known
To the law. They have mo powers derived
from usage; their existence extending back
but q few years. They have powers OK
pressly granted them, and such implied
powers Ms are necessary to enable them TO
perform their duties, and no more. ~
Conn.,, p. 81. /.
The board of truttees are the general
= Moufa mud m nj uiNu authority nj fhA rlA-
trict, but their powers are confined to the
purposes specifically designated and par
ticulsrizsd in the Montana school law. Tbs
liability of such powers to abuse, BY the
board Of trustees, is evidenced by the ap'
rointment of \ superintendent OF city
schools in the large cities in Montana.
The school law does not provide for the
appointment of, neither docs II recognize,
in the control or management OF its dis
trict schools, any person or officer other
than the following: Superintendent OF
public instruction.; county superintendent
Of common schools; boa,d of trustees Of
the district: district clerk; teachers.
The board of trustees have power, and II
is their duty to employ, and, for sufficient
cause dismiss teachers, mechanics and la
borsrs, and to fix, alter, allow, and order
paid their salaries and compensation. As
these powers are special, and delegated to
them by Legislative grant, the exercise OF
any others not specially granted would be
an abuse of that power, wholly unauthor-
ized and void. The appolntment Of a
truant officer for tho district il not within
the scope of their delegated powers. The
appointment of n "eity superintendent OF
Rchools." il ths exercise Of a power which
could only be conferred upon the munich
pal authority, and il IN fact the creation Of
u municipal Office. The creation of such
an office would clearly imply and presup-
pose the existence Of ''city sohools." Con-
sidering the fact to be true that We have no
''city schools" in Montana, but that on the
contrary ours is a district school system.
plain and simple. it is sslf evidsnt that tho
appointment or creation of such an office in
any school district cannot even be implied
from the powers granted the trustees.
much less obtained by an express grant OF
such powers from them.
If tho power to create such an office car
be implied, or Ia vested in the trustees
OF ons school district in the county. il
can be safely be assumed and exercised IN
any other, however small, and the result
would be in sone Of our sparsely settled
districts We would be confronted with spec
taoular offices and officers, feeding upon a
bankrupt treasury, II with an empty
schoolhouse for a castle.
The legislature, in section 1850, has de-
fined the objects for, and limited the pur.
poses to which the funds OF the district
may be expended, and nowhere docs IL an.
thoriZe the employment of ths funds TO pay
nny such officer. Tho provisions OF sectlor
1908 enjoin tho disbursements Of the schoo
Moneys, except for the purposes mentioned
in tho school law, and us the payment 81
moneys to a CITY superintendent Of schools
il not one Of the purposes na authorized
and provided in the article rotating to pub