The Yellowstone journal. [volume] (Miles City, Mont.) 1893-1901, 1893-05-01

1t appears that John $. Whitney was
employed as teacher il school district
No. IL. and while 50 employed two of the
trustees Bonitield and Asbury visited
the school. as they say. for the purpose
of instructing him as to the duties of
teacher
December lst. at a meeting of the
board it was considered that charges
should be preferred against the teacher.
and accordingly December 18th was set
for the hearing and Mr. Whitney
notified. On the 10th of December. and
without notice to any other parties
Boniiicld and Asbury held meeting
and dismissed Whitney. Whitney ap-
I pealed to the county superintendent on
January Ith. 1893. On January l1th.
1893. the board filed charges against
Mr.. Whitney for the first time.
On the appeal Mrs. Light on January
2ith reversed the action Of the board in
dismissne Mr.. Whitney, at the same
time refusing to consider the charges
filed after the appeal was taken.
The trustees appealed and the decis-
ION OF Mrs. Light was affirmed by state
superintendent.
POINTS DECIDED.
The law in section 1918 gives the
county superintendent jurisdiction to
/ try such disputes. ana reads: "All
Of Al in l.,ti 4 .lt,
matters not properly belonging 70
courts of justice, may be referred first
to The county superintendent and ap-
pealca 10 the state superintendent,
whose decision shall be final
Section 1855 confers upon the board
of trustees the right to dismiss Il teach
er for sufficient cause. Under this
statute no teacher can be dismissed
without charges being preferred and the
teacher notified and given an opportun-
ity to defend himself
The rightfulncss or the sufficiency of
such dismissal is open to the county
superintendent and state superintendent
for consideration and decision on appeal.
The board of trustees possess no pow
ers except such as are expressly given by
statute or are necessarily implied.
The board Of trustees have no author
ity express or implied to instruct
teacher as to his duties.
The teachers duties in the school
room are prescribed by by law. aug
mented by verbal or written instruc
tions prepared by the county superin-
tendent. who. with the state superin.
tendent. alone have the authority to
pass upon the duties of teacher.
In passing upon the authority of the
county superintendent the opinion says:
1T is familiar rule of law, that au-
thority to do an act implies authority to
do all other acts necessary to be done
in executing the power conferred. The
The law will always presume the exis-
tance of the authority to do acts Incl
dental and necessary to the discharge of
lawful power.
The teacher is not required to act as
janitor of the school room or to sweep
out or to keep the school room clean.
The meetings of the board of trustees
are irregular where every member of the
board is not notified of the meeting and
| the records of the meetings must show
| that all members are either present or
| were duly notified of the meeting. If
one member is absent and has not re-
| ceived reasonable notice of the meeting,
| the action taken at such meeting is illeg
al. null and void.
In passing upon Mrs. Lights refusal
to consider the complaint filed after the
notice of appeal and in conclusion the
opinion says:
The board of trustees were virtually
plaintiffs in this case and also acted as
judges in determining the sufficiency of
the charges, and as well the guilt or in
nocence of the defendant. and that too
without notice to the defendant and now
insist that they be allowed tointerpolate
into the second charges which, if true.
might support their action and act as a
defense to their proceedings in this par
ticular case. The rule is that nothing
deH0rs the record can be introduced OF
interposed as defense to justify their
proceedings or support the action OF the
school trustees in this ease. If such a
rule could be invoked in cases of this
kind. it would be safe to assume that
you may convict first and afterwards
search for evidence to support judg
ment of conviction and sentence of dis
missal. The same rule of law would
apply in this case as it would in crimina
cases. therefore the action of the super
intendent of the schools must be upheld
in every particular. The action Of the
county superintendent being matter o.
. record is not. in our judgment. open II
the charge OF partiality and is who'll.
free from bias or predjudice in this cas-.
!, and shows beyond doubt that she j,
) working in the best interests Of tn,
. school, of the residents and pupils o