The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-10-16
BONDS FOR APPEALS
Superintendent VOrieS'S Circular
Causes Comment.
He Says He Is Not Charging Teachers
Who Appeal from County Super
intendents-The Law.

For some time complaints have been COM
ing to the State capital that superintendent
OF Public instruction Worries has been de-
handing a deposit from teachers who APP
pealed from county superintendent in the
matter of examinations. These reports also
stated that it cost teachers who made these
appeals small sum of money, when in fact
1t should cost them nothing at all. a few
weeks ago Superintendent Worries sent out
number of circulars in regard to the mat
ter. He asked last night about the
charges made that it was costing appellants
to make their appeals. Said he: I'm the
first place, it is not true that I charge
from SIS to $50 for hearing an appeal. Some
time ago I sent out a circular in which
called attention to the irregular way In
which appeals are being taken. have
never charged anything at all. 1t is the ir-
regular and irresponsible manper in which
appeals are taken and the frequency of ap-
peals on worthless manuscript that called
out the circular. Usually manuscripts are
made on blanks especially prepared fer such
work, but many times they are made on
loose sheets OF foolscap or note
paper, no date being given for
the examination, the superintendent's
Endorsement not being placed on
the manuscript, no explanation what.
/ cannot tell whether the manuscript came
from the county superintendent or from the
applicant. Appeals can be disposed of much
more speedily If they are taken in a reg
ular way, as the law requires, and this is
what my circular called for. Many times,
too, the superintendent will send in a let
ter making very serious charges against
the applicant, and ask that If the manu-
script warrants a higher grade than he
the the ground nt '1 stated i' in the letter.
which ground is wholly unknown to
the applicant, and he has had no oppotu-
the superintendent. This is unfair TO ap-
plicant- The appeal should be taken in
the regular way. The appeal should be
all the charges made against him and have
full opportunity to meet them. The appl1-
cant should also have opportunity to see
that the manuscript about which the con-
troversy arose is sent to the State Super
intendent, and not some other. All excep-
tons should be clearly stated. If teachers
and that they know all the charges on
which the State Superintendent is trying
their fate, they would many times find 1T
greatly to their benefit, and would feel more
like commencing me than complaining.
1t is in the interest Of fairness, dispatch
and regularity that sent out the circular.
The department has been imposed upon by
appeals on irresponsible and worthless man
uscript.
than the law requires I refer you to the
statutes, Section 453S. together with COM
ments on the mode Of procedure by Drs
The law to which Mr.. Worries referred is
follows:
Section 45as-Appeals from county su-
perintendentS.
Appeals shall be allowed from the decis-
ions of county superintendent 10 the SUI
perintendent Of Public Instruction on all
matters not otherwise provided for in the
next preceding section; and the rules that
govern appeals from justices of the peace
TO the Circuit Courts as to the time of
taking an appeal, giving bonds, etc, shall
be applicable in appeals from county SUI
perintendents to the Superintendent OF Pub
lie instruction.
a. Procedure. The same rules in re-
gard to the time allowed for taking an
appeal and for making transcript, etc, ap-
ply in case of appeals to the State super
intendent as to the county superintendent
(See Sec. 4537-L) But an appeal bond seems
to be necessary in case of an appeal to the
State superintendent bond for so would
probably be sufficient The county super
irtendent should make transcript or the
record and send it, together with all pa
pers in the case, to the State Superlntend-
ent with his certificate Endorsed thereon
He must specifically certify to the facts,
for example, that A b applied for GER
tificate on a certain day, that upon eX-
animation a license was refused on certain
grounds that the inclosed papers are those
made by the applicant, upon when ne was was
rejected. A copy of the questions USED ana
the appeal bond should also be sent In
case a refusal to license is based upon the
county sup .rintendents personal knoWl-
edge he should make a statement or the
facts verified by affidavit, and forward IL,
together with corroborative testimony, ana
the testimony given in favor or the accused.
If an appeal is taken in due form, the state
Superintendent may require the county SUI
perintendent to forward the papers 70 MN;
and upon refusal may visit the county ana
make an examination into the facts or the
case and render q decision that Will be
binding on all parties interested.-Smart'
Supt. TIL,
peal is tried by the Superintendent or Pub
lie instruction upon the papers sent up.
Additional affidavits may be filed with him
and witnesses examined. Parties may ap-
pear before him and complete trial DE
had the same as before the county super
intendent An applicant for a license who
desires to appear should be allowed thirty
days from the time the county Superln-
tendent's decision is rendered, not from the
time of examination. If the license is
superintendent should specify in what par
ticular the immortality consists, ana this Is
the only question that can be tried on ap-
peal On appeal the Superintendent of Pub
lis Instruction cannot grant a Incense; ne
can only order the county superintendent to
grant one Should the latter refuse to grant
il a mandamus, at the instance or the
teacher, would lie TO compel him to obey
the direction of the State superintendent
IL an appeal is taken and the county SUI
pers a. nlandamus will lie to compel him to
send them. Or the Superintendent OF Pub
lis instruction can visit the county and try
the case there. Merely writing letter to
the Superintendent of Public instruction by
the party desiring to appeal and stating
that he appeals from the decision of the
county superintendent does not constitute
an appeal. The initiatory steps must be
taken in the matter with the county super
intendent.-Bloss, superintendent.