Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-07-16

I
ers to all the schools of this ma
tion for the ensuing winter term.
If a board has a right to make ap-
pointments in this way it could as
well make them in the middle or
at the beginning of the term. In
my opinion the law contemplates
no such proceeding on the part OF
the board of education. 1t can
not be known until the
close of the term what schools
have made the required average
so as to entitle them to teachers
for the ensuing term. This meth
cd of proceeding would render
useless the holding of institutes so
helpful to the educational inter-
ests of this nation. This is a pre-
cedent never before established by
any former board of education so
far as | have been able to ascer.
tain and nothing could be more
destructive to the best interests of
education should it be resorted to
as precedent by future boards OF
education. The appointments
made by the deposed board bear
date of June %, 1896, and the day
following, june 26, 1896, the
order OF suspension was issued
and notice served on the board
1t will be seen by this that these
appointments, We may reasonably
assume were made by said board
after it was morally certain an or
der of suspension would be issued.
The spirit that prompted this ac-
ton in order to embarrass success
ors in Office is not commendable,
to say the least of it, and in my
opinion, not warranted by law.
The question has been asked me
if appointments made by officers
having the right to oppoint after
notification that charges have been
preferred are valid. Sec. Z, page
~, Compiled Laws, comprises all
that | can now refer to so tar as
local laws are concerned. The
laws of Arkansas prohibit this by
statutary provision and as far as |
am informed most of the states
have similar provisions. In the
absence of a judicial opinion by
some court of competent jurisdic-
tion it is always safe to follow the
customs, usages and precedents
had in relation to legislative acts
especially so if the acts have been
of long standing. This is the law
of common sense. 1t was certain
ly in compliance with this inter
probation of the law that the late
board of education published its
program for a teachers institute
to be held at the Female Seminary
June 30, 80 and July l, 1896. This
board was so impressed with the
importance of holding the institute
that it couched the programme in
the following impressive language:
"All teachers expecting to find
employment in the schools of the
Cherokee nation for the next year
will be required to attend said in
stitute during its entire term in
good faith. The standing of each
applicant as a member of said in
stitute, will be taken into account
in estimating his fitness for a
school, and in all cases, other
things being equal, appointments
will be made according to such
standing. The roll of the insti-
tute will be called by the presid-
ing officer at the beginning of each
session of the day and absentees
noted. Let no one think he has
nothing to do because his name is
not mentioned on the programme;
all are expected when called upon
to take part in the work of the in
stitute.
Also, it will do applicants no
good to apply for positions in the
high schools or orphan asylum
who have taught in those institu-
tions previous to this and who are
owing their board bill"
Il. f. WYLY,
Atty Gen. Cherokee Nation.