The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-03-23

First-Section LOO of the political
code provides that the state superin-
tendent OF public instruction shall have
general supervision of the public
schools of the state
Section 1,706 provides that he shall
prescribe rules and regulations for the
holdlng OF teachers Institutes.
Section 1907 provides that he shall
counsel with and advise county super
lntendents upon all matters involving
the welfare of the schools
Section LII provides that he shall
attend and assist at teachers insti-
tutes, and aid and encourage generally
teachers in qualifying themselves for
the successful discharge of their du-
ties.
1t is true that other sections of the
code respecting school matters provide
that the county superintendent shall
nave the general supervision of the
public schools in the county, and shall
preside over all teachers institutes held
in his county. There is nothing, how
ever, inconsistent in those provisions
thus giving legal authority to the coun-
~ superintendent with the provisions
above referred to which enlists the in
terest and activity of the state super
intehdent IN county Institutes. There
is no express authority given to desig-
nate the time at which those institutes
should be held unless the authority
is conferred by the section above re-
1erfed TO, which gives to the state SUI
perlntendent authority to prescribe
rules ana regulations for the holding
or teachers institutes. 1t will be no
tlced that he is required 10 attend these
institutes, and as an institute Is held
in every county in the state it would
be impossible for him to attend these
institutes II the designation of the time
OF holdlng same could capriciously be
made by the county superintendent.
Without the existence Of section 1,706,
winch gives the state superintendent
the authority to prescribe rules and
regulations for the holding of teach
ers' institutes, other sections requiring
ms presence at those institutes would
lmpliedly vest in him authority to des-
lgnate the time at which the institute
should be held, but with section 1,706
expressly comforting authority to pre-
scribe rules and regulations for the
holding of the institutes, I do not think
that any doubt exists as to his author
ity to designate the time. The desig-
nation of the time would be the pro-
mitigation of a regulation for the hold
ing of the institute.
Second-Sub-divson H. section 1916
of the political code ievOlves upon the
state board of education the authority
to appoint and commission experienced
teachers to act as instructors in ccun-
ty institutes, and portion of section
!, 1873 of the political code devolves upon
the county superintendent presiding at
teachers institutes to elect suitable
persons to instruct at such institutes
from the list of teachers commissioned
by the state board of education. It will
be noticed that the county superin-
tendent presiding over the Institutes Is
limited in the right Of selection of
teachers to the list prepared by the
state board of education. and if others
are designated than those whose names
appear upon such list the county SUI
perintendent is transgressing plain
provision of the law. 1t is my opinion
that the county superintendent is limit
ed in her right to make a selection
to the list of persons accredited by the
state board of education to instruct
at county institutes.
Your third interrogatory with the
right vested in the county supe.intend-
ent to name only those who are cred
tied instructors, and made such by the
action Of the board of education, must
be necessarily answered in the negative
Very truly yours, c. B. NOLAN,
Attorney General.
Helena. March Z, 1899.