The Providence news. (Providence [R.I.]) 1891-1906, 1895-11-07
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On Monday, Oct. IL, 1895, at a meet
ing of the school committee, this mat
ter came up for discussion and the follow
ing action was taken:
Whereas, Miss Ramage, who was ap..
pointed TO teach in the Edgewood school
having failed to qualify
Resolved, That the local committee Of
Edgewood be authorized TO procure
another teacher and
Voted, That the action OF Mr.. Almy
with reference to Miss Ramage be sus-
tanned by the COMMITTEES.
w. A. BRIGGS, Clerk.
The Superintendent and the school CON-
mittee, in their Endorsement OF his action
in this matter, rely for their justification
upon two votes passed by the committee
as follows:
April 10, 1895. sit was voted. That
hereafter every new applicant for the
position of teacher in the town of Gran
ston shall, before appointment, pass a
written examination prepared by the
superintendent, based on the bill intro
duced into the January, 1892, session
OF the General Assembly entitled, amend
rnent TO Chapter 81 OF the Public Statutes
entitled OF teachers. "
July %, 1894. "voted. That all new
teachers when examined be required 10
obtain 20 pee cent. In all studies.
These votes having never teen rescind-
ed, and no others having been passed re-
pealing them, II is claimed that they are
stjll in force.
The question at issue here is: Was the
school committee OF Cranston authorized
Ramage permission to teach in the
school in the Edgewood district TO which
she had been appointedf
There is no dispute over the terms OF
the formal action OF the committe on July
s, and OF the official notification thereof
TO Miss Ramage. Ii remains TO consider
what was the nature OF that action and
whether the school committee were
authorized under the law TO take IT. 1t
would certainly seem that the vote OF
the committee was an explicit aud deh-
mite appointment TO teach given school
for one term, without any condition or
qualification. And the notice sent her
by the clerk seems to be capable OF no
other construction or Interpretation,
That 1t was so considered by Miss Ram
age Is shown by the nature and tenor OF
her reply and her immediate resignation
OF the position held by her in shenan-
doah, IA.
We now come 10 consider whether b
school committee had the authority 10
make such an appointment. Under the
orig nal organization the schools of Gran
ston were carried on under the district
system and the teachers were hired 10y
the trustees, but in 1892 the town voted
TO abolish the school districts and by
virtue OF Section OF Chapter 447 OF the
Public Laws, the school committee be-
came clothed, among other powers ana
duties, with that of hiring all OF the
teachers. The sections OF the law bear
ing upon the powers and duties OF the
school committee In this connection were
very evidently drafted with the reference
TO the management OF the schools under
the district system, that being
the almost universal form OF
management when the law was first
framed. About the only change in any
OF the sections Is the one made in Section
!, Chapter 81, where the words, "by any
trustee" were inserted in the law in the
revision OF 1892, which clearly shows that
ii was intended 10 relieve the school COM
mittee, in cases where they hired the
teac her. fiom the formality of issuing
certificates TO those whom they had de-
cided To hire. Section Z, Chapter 90
says 1.-THE school committee may exam
inc, +" etc., but the word may" is used,
instead Of "shall, as in the next two
sections with reference TO other duties.
quired to give certificates they were al
lowed to use other means than an exam
ination, IL they saw fit to determine the
teachers qualifications
In this case do not see any exercise OF
power on the part OF the COM mmittee,
which they were not fully authorized 10
make and also justified in making. The
person proposed or recommended for the
vacancy was known 10 be possessed OF
diplomas from a high school and State
normal school. which, while by no means
conclusive evidence, are certainly cred
ible evidence Of literary ability, and the
personal testimony OF one OF their own
number as TO the candidates success in
eaching would certainly be regarded as
worthy OF respect. 1t Is my opinion that
any school committee would be justified
in appointing for Zone term at least, as
a trial, any person coming before them
with such credentials. OF course do
not mean that such testimony is absolute,
but II does afford suitable basis for a
trial engagement, IL 1t seoms best 10 the
committee.
must conclude, therefore. that the ac-
tion of the committee on July s, as for
maliy conveyed in writing by the clerk
TO Miss Ramsge, ana her formal accept
ance in writing, constitutes a legal con-
tract, which is binding upon both par
ties, according to the terms thereof
The question now arises was the COM
mittee authorized In refusing Miss Ram
age the opportunity TO fulfill her part of
the contract, upon the grourd set up by
them, viz: the failure of Miss Rsmage
TO pass a satisfactory examination.
do not think so, for the reason that
no such condition entered into the con.
tract or agreement which they had made
with Miss Ramage.
The only ground upon which uch
condition coud have been introduced
would have been the fact that Ii was re-
quired by state law, over which, of
course, they could have no control. But
no such law exists. IL the original law
remained, ii would not have absolutely
demanded an examination, but that she
should have had a certificate before she
began to teach. AS IL is. the only thing
that can be claimed to give a basis for
the insistence on the examination Is the
vote of the school committee, passed in
1893 But that vote, like any other vote
or action of the school committee, was
su ubject to the control of the committee,
and by the passage of vote like that
appointing Miss Ramago was waived or
repealed in that particular case.
There is no question as to the author
ity Of the school committee TO require
every candidate for position as teacher
under these jurisdictions to pass "a thor
ough an examination as they may deem
best, but II must precede the appointment,