Great Falls weekly tribune., 1896-12-11
DAVIDSON FILES A PROTEST
Does Not Want This School District
To Receive Amy County Ap-
p0rtionment.
Claims That Three Teachers Are EN-.
ployed Wlo Are Not Legally
Qualified

IuttiiIth'
la pursuance Of the threat which he
made at the last meeting OF the trustees
of school district No. |, j. S. Davidson
yesterday took action toward preventing
the apportionment to this district of the
county school fund, serving upon the
county superintendent the following
notice:
"GREAr FALLS, Mont, Dec. 8, 1896
"Mr. Geo. ii. Mullery Superintendent of
Schools, Cascade County, Montana:
81, j. S. Davidson, resident rate
payer of school district No. of Cascade
county, Montana, hereby notify you that
the aforesaid district has forfeited its
share OF the coming apportionment by
having in its employ, within three
months of the said apportionment, teach
ers who were not legally qualified, towit:
Miss Jennie Conner and Miss Mary A.
G. Mitchell and Mr.. b. IT, Hathaway, and
| hereby protest against any apportion-
ment being made for the aforesaid dis
trict, and will hold you and your bonds
men accountable for any apportionment
you may make the aforesaid district.
81. S. DAVIDSON"
In referring to the matter, Mr.. Mul.
lery said that IN his opinion and accord
ing to legal advice which he had receiv.
ed the effect Of the protest entered by
Mr. Davidson is virtually the same rs
that of au injunction from the court; at
any rate, the superintendent said ne
would not mako the appor,ionment to
the district until authorized to do SO by
the court, and he presumed that it
would be necessary tor the trustees of
the district to apply to the court for
mandate compelling him TO make the
apportionment,
Continuing, Mr. Mullery gave his
views of the charges made by Mr.. Da-
wilson, and it is evident therefrom that
if the court orders him to make the ap-
portionment, or show cause why he
should not do SO, he will not appear to
show that there is any such cause, ana
thereupon Mr., Davidson must apply for
an injunction if hs desires to prevent
the apportionment.
The superinte ndent said "Mr. David.
con has made charges here which, in my
opinion, are unwarranted by the facts.
Miss Mitchell is one of the most compe-
tent and most successful teachers in the
county. When the examinations were
held, Nov. 20 and u, she was in such
poor health that it was impossible for
her to attend and take them. Under
such circumstances, | have no doubt, |
would be authorized in granting her a
permit to teach until the next examina-
tions, which will be held in February
The state superintendent OF public in
etruction SO advised me in similar case
and if / had refused to grant her such d
permit and she had appealed to Mr..
Steere, he would certainly have reversed
my action.
"Mr. Hathaway has no certificate
from the state board OF education, as
that body was not in session when he
arrived in Great Falls and assumed the
superintendency of the city schools, but,
under instructions from the state super
intendent Of public instruction, my
predecessor, Mr. Swan, issued to Mr.
Hathaway certificate, and, perhaps,
even that was unnecessary, for section
1881 of the political code of Montana
provides that the city superintendent
of schools shall be the holder of a state
certificate OF the highest grade, issued
in SOME state, or shall be a graduate of
some reputable university, college, or
normal school and shall have taught in
public schools at least five years. Mr..
Hathaway is graduate OF Bowdoin
college, which is certainly reputable
and holds state certificate of the high
est grade Issued in an ess,ern state, and
has taught in public schools at least i've
years.
"Mr. Davidson has evidontly proc aed
ed apon the assumption that it is neces
sary for Mr. Hathaway to have Mon
tana state or Montana life certificate.
This is not necessary; If it were, Mr..
Hathaway would be disqu ualitied, for he
could not obtain such certificate, lis he
has not taught in Montana schools f.. at
least 81 months.
Miss Conner has taught but few
days and is teaching as a temporary sub
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