Indian chieftain. [volume] (Vinita, Indian Territory [Okla.]) 1882-1902, 1896-07-16
JUDGE WHY'S DECISION.
IL Gives the New Board Power TO Ap.
point Teachers.
Indian Sentinel:

=
down last Monday. The reade
will observe that the decision il
sweeping and conclusive and give
the new board power to appoin
a new list of teachers entirely:
1. Had the board of education
the right to change the order of OF
ficial business after having pub
lished it for the information OF the
public as dictum that no petition
for schools would be considered
unless applicant should attend the
institute? Is an official announce.
ment in the discharge of an officia
duty set forth in the announce.
ment itself, no more binding than
and can as lightly be set aside as
one made known in a private bus.
iness way?
2. Is not such conduct a viola.
tion of official duty and an insult
to the public who have obeyed g
public order and have been denied
an opportunity of getting schools
by change of the boards order in
making the appointment of teach.
ers?
3. Had the board the authority
to set aside all requirements OF
law in making their appointment
of teachers without an examina.
ton as to scholarship, moral char
acter and fitness for teaching and
without grading them according to
a fixed standard of capacity?
4. Are those legally appointed
teachers who have never been ex-
amined as to their qualification
and have not been classified by
certificate of qualification? Can
any duty specified and required
by law be disregarded without
making the act unlawful and neces-
sarily without any legal force?
In answer to the first question
set forth in the above as to the
right of the board of education to
change the order of official business
when the same has been done by
proclamation or otherwise, it would
necessarily follow that the change
contemplated should be made pub
lie in the same way that the order
of official business was first pro-
claimed by said board, otherwise
much confusion, disappointment
and injustice would be done those
desiring to teach school through
out the country.
In reply to the second question
as to the conduct on the part of
the board of education being a
violation of official duty and an
insult to the public, l will say so
far as it being a violation of official
duty the answer is found in the
answer to the first question above
stated, and as to such conduct be-
ing an insult to the public, | will
defer to the public to determine
that question for itself.
The third interrogatory as to the
board having the authority to set
aside requirement of law in max
ing appointment of teachers, will
say, in my opinion, no official has
such right. Had he there would
be no necessity for any law to gov
ern his official acts; nor would he
be responsible to any power to re-
view them. l will notice the con
clusions in this interrogatory fur
ther on.
The fourth interrogatory is in
substance a repetition of the third
which embraces the powers and
duties of the board of education
under the law to make appoint
ments Of teachers for the high and
primary schools of the Cherokee
nation. The power and duty of
any official is to be found in the
law creating that functionary and
when he goes beyond that, the
law, his acts are arbitrary and un-
warranted by the very law which
made him an official. The official
is not only the servant of the peo-
pie but likewise of the law. The
powers and duties of the board of
education are very fully set forth
in Sec. 521, page 269, Compiled
Laws OF Cherokee nation. 1t sets
out by saying that the duties of the
superintendent of board of educa-
tion "shall be as follows" To
adopt rules and regulations not in
consistent with the laws of the
Cherokee nation, for his own gov
eminent and for the government
of the seminaries, orphan asylum,
colored high school and so on; to
prescribe and enforce rules and
regulations for the examination of
teachers, to prescribe a series of
uniform text books for all schools,
the revocation of certificates for
immoral, intemperate or unpro-
fessional conduct, certificates of all
grades; annul or discontinue any
primary school which does not
maintain a daily average of 13 pu-
pills during the winter term and Is |
during the summer term; to keep |
a record of its proceedings, and to |
authenticate his acts by the use of
a seal; make acquisitions on the
executive department for funds as
they may be needed for the sup
port Of the seminaries, orphan asy-
lum, colored high school and pri-
mary schools. The above provis-
ions are mandatory and not op-
tionary, may be or may not be
done by the board of education.
The law says "shall be as follows "
These provisions are the law by
which the board of education must
be governed in the faithful dis
charge of its important duties COM
pared with which none other ex-
cells it. The educational interest
Of this people is too important and
lar reaching in its consequences
and results to admit of neglect or
a want of enforcement of the laws