Chariton courier. (Keytesville, Chariton County, Mo.) 1878-current, 1891-07-30
OF Interest to Teachers.
STATE OF Missouri
OFFICE OF ATToRNEY-GENERAL
CITY OF JEFFERSON.


DEAR SIR:-I have the honor to reply to th
questions submitted by you, as follows:
Il. Does the institute law contemplate
the issuing, by the state training schoo
board, of two distinct kinds of certificates
~, a conductors certificate authorizing th'
| the holder to act either as conductor or in
structor in county teachers institutes, ant
(2), an instructors certificate authorizing th'
| holder to act as instructor only?"
Ans. Separate certificates should beissuet
to conductors and Instructors; the first au
thorfzing the licensee to act as conductor ol
instructor, and the second authorizing the
licensee to act as instructor only.
"2. II the county court should fail to up
point the county institute board between Juli
| % and July /, would an appointment made
prior to June % or subsequent to July 1 be
| valid? In other words, is the date mentioned
in section 10 directory or mandatory"
| Ans. An appointment made prior to June
- (the time the act took effect) would, in my
| opinion, be invalid, because made when there
was no law in existence authorizing it. II
made after July 1, it would also be invalid
because not made within the time limited by
| the statute.
-. II the county court should fail to ap-
point between June % and July 1, could the
county commissioner make valid appoint
| ment OF the two other members under the
following clause in section 10: All vacancies
| which may occur in said county institute
board shall be filed by appointment by the
| remaining member or members?' -
arn n bo opininr tbnt uniar s1ch
circumstances, by virtue of the clause in Sec
| ton 10, quoted by you, the county commits
sioner is authorized to make the appointment.
~. II the county court should refuse to
| appoint either prior to June % orsubsequent
20 July l is the county commissioner author
lied to appoint under his authority to fill
vacancies?"
Ans. The county commissioner would not
be authorized to make the appointment until
after July ], when n vacancy or vacancies
would occur by reason of failure OF the coun-
ty court to appoint as required.
-. Should a teacher fail to attend the ex
amina ton held by the county institute board
of examiners either by reason of absence from
county, sickness, or good and sufficient reas-
on, would he be obliged to pay his three
dollars to the county treasurer and receive q
receipt therefor before he could demand an ex-
animation from the county commissioner (sec-
tion and 9)?'
Ans. am of the opinion that the above
question should be answered in the affirIna-
tive.
'6. Will the payment of three dollars to
the county treasurer by teacher, after the
4. 6 q. L.
ance upon the next institute, and an examinu-
ton by the county board of examiners
(section 9)?'
Ans. A payment of the amount required
(three dollars) made at any time before the
commencement of any institute for any year
will entitle the teacher to attend the institute
for which such payment is made.
~. Does the term year in section a mean
an institute year ending with the close of the
institute, or a school year ending June 3O?"
Ans. The meaning is that the payment is
to be made on or before the opening of the
institute whatever that date may be- If the
institute begins June 1, the payment should
be made on or before that date. / think it is
immaterial whether you call it an institute
year or not.
"S. If the county commissioner should be
the conductor of the institute, would the ap-
plicant for a private examination pay him
one dollar and fifty cents Or two dollars and
ffty?''
Ans. am of the opinion that he would be
required to pay the commissioner one dollar
and fifty cents only.
20. If the county commissioner and con-
ductor, to whom the examination manuscripts
are sent, should not agree as to whether the
the applicant should be passed, has theappli-
cant any appeal or remedy?'
Ans. There docs not seem to be any remedy
provided in this act.
10. Should the county commissioner be
the conductor of the institute, would he COM
ply with the law by sending the manuscripts
to one OF the instructors for examination
(section 2)?''
Ans. find nothing in the section referred
to, or in the act, requiring the county COM
missioner, where he is the conductor of the
institute and examines "a person who fails to
attend, to send the manuscripts to an instruct
FOR for examination. He is required by section
of the act to send the manuscripts to the
conductor OF the last institute,
III. Does the expression by and with ad-
vice of the county commissioner (section 1O)
give the commissioner the power to nominate
for confirmation by the county court?"
Ans, l am of the opinion that it does.
"12, II the county court should fall to ask
the advice of the county commissioner, would
this invalidate the appointment (section
lOl?"
Ans am ofthe opinion that it would be-
cause the county commissioner would be de-
prived of making nominations to the county
court.
'13. Should the county court appoint n
person not nominated by the county com,
missioner, would such appointment be in
valid?''
Aus. am of the opinion it would.
IA, If from any cause the appointment of
the county court is invalid, is the county com
missioner authorized to fill vacancies by ap-
pointing the other two members of the county
institute board (section 10)?'
Ans. am of the opinion that he is. (Sec-
tion 10, clause quoted above.l
rs. Should conductors and instructors of
Institutes for colored teachers be licensed by
the state training school board, or is their
appointment by the state board of e,luca-
ton sufficient license (section S)?''
Ans. The appointment by the state board
Of education of conductors and instructors of
teachers institutes to train and license the
colored teachers of the state is sufficient
They are not to be licensed by the state train
ing school board.
Very Respectfully,