Daily capital journal. (Salem, Or.) 1896-1899, 1897-03-31
EDUCATION.
Lcottlnued from arst page.l

o 49, - -
by the board would be OF value L
; their possessOFs. - sfordiRg SOM
: guaranty OF their fitness and Qualih
4. cations. Such examinations would
d tend 10 weed out ibcomptency and Sc
e cure a high grade Of teachers for gu.
, public schools. and thus prove Of in
lcalculable benefit to the children o.
our state. To pay the expenses OF
these examinations the law provides
! fees Of $40, Is aud 81, respectively, for
life diplomas, state diplomas and state
r certificates, and, il any money re-
main, after the payment Of such eX'
; penses, il is TO be held. or apDropri-
4, ated. by the board for educational
= purposes. Though examiners have
been appointed, they were never con-
: vened. as a body, but have examined
: applicants at their respective resi-
dences, under instruction from the su-
pe~rintendent Of public instruction.
Nor do they furnish the board with
lists OF questions for distribution to
the county superintendents. The au-
I thority for this mode Of administer
ing the Law is without validity, and
receives it's chief warrant from the
custom or usage Of the s%uperinten-
dents Office. The fees paid by the
teachers are appropriated by the su-
p%erintendent, after paying such sums
to the examiners as may be agreed
upon between them. These fees in
the aggregate amount to a large sum
yearly-Over So, 00O-and their proper
disposition has been the cause Of con
troyersy between the superintendent
: and the other members of the board.
In consequence Of this, in the fall Of
1895, a rule was made on the superin-
tendent, requiring him to report to
the board the number OF diplomas and
certificates issued, the amount Of fees
collected for them what disposition,
if any, had been made OF such fees,
and to turn over to the board any and
all fees that he had on hand, in order
that the board might appropriate
them TO the objects contemplated by
the school law.
To this order the superintendent re-
piled that he had kept no record Of
the number of diplomas and c%ertifi-
Gates issued, nor the moneys that he
had collected Tor them, but that the
sums retained 10y him did not exceed
in the aggregate $1,000; that the fees
belonged TO him, and that, 10 taking
them, he was sustained by the prac-
tIce of former superintendent. He
also disclaImed any intention OF vio-
lating the law, or Of wrongdoing,-o
which we freely acquit him-basing
the right to appropriate them on the
custom OF the superintendent office,
which he thought justified his right
to them. There can be no doubt, if
the law, expressly or implicitly, in
tends that the superintendent shall
have these fees, they belong to him;
lat, unless IL does so, no practice or
precedent Of the superintendent's
Office can give validity to his convert
ing them to his own use. To my mind
there is not one iota Of authority TO
use these fees for any other purpose
than indicated by the law, under the
direction Of the board, and every dol
lar diverted into the private pocket Of
the superintendent is a misappropria-
tlun of educational funds, n0twith-
standing the custom or practice of his
predecessors. This is not a case where
fees are authorized by law, which the
officer is entitled TO collect and appro-
pirate until the law is repealed or de-
clared unconstitutional. L regret the
necessity which compels me TO make
reference to these matters, and l only
do so because, under my i%nterpreta
tion OF the law there arises a response
bllity for the performance of a public
duty which / cannot ignore or disre-
gard. At any rate, these fees are too
large, II the present practice of their
distribution and appropriation is TO
be continued, aud ought to be reduced
one-half, namely, TO five, three, and
two dollars, respectively, for life aud
diplomas and certificates, 10 JUS
tice 10 the teachers who pay them out /.
of their hard-earned money, On the I
other hand, il the law is TO be carried
out, ana the state is TO have a board I
Of trained examiners, whose expenses q
are to be paid out Of the fees derived |
from the diplomas and certificates is $
sued upon the recommendation of such I
examiners, the fees are not too large
and no alienation should be made in
them. IL is 10 be hoped this matter, I
and all others connected with the @
law, will receive that atten- I
tion and consideration which its inn /
portance 10 the public interests de- a
IL gives me pleasure to say .
the superintendent has entered y
enthusiasm upon the perform =