The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-11-30

board to maintain the schools as economi-
cally as the public welfare Will permit,
but 1t Is equally their duty to be just to
the teachers.
Without statute the school inspectors
having charge of the schools have power
10 regulate reasonably the teaching
months within the year This is an or
binary incident of the office. 1t is COM
mon knowledge that schools, public and
private, when covering more than the
winter months, are divided into two terms
-peglnning usually in September and
closing In June. That public schools in
1 s1e duration, especially in the country
ulstrlcts' vary in length according to the
means and desires of the people.
Inc general laws of the state define
d leachlng month to be four weeks of
HVe days each. They nowhere saw what
school year is, and fix no limit, ex-
cept as to the time schools must be kept
o tl%,n 70 receive state aid-which is not ma
terlai II this case. So it seems that ordi-
narfly a reasonable discretion in such
matters is allowed school officers
But is IS claimed section 3 of chan
Ter So supra, fixes absolutely the
school year IN st. Paul
AT TEN FULL MONTHS.
This section requires the school IN
spectors on or before the LIST of June"
IN each year to report to the mayorr
the number of school children that have
attended each of the free schools in said
city and school district during the school
year preceding, which year shall ex-
tend from the 1st day of September TO the
ISL DAY or July" the number of teachers,
thelr salaries, etc. The language in
law must be read and interpreted in the
connection used. Thus regarded. this
dehnlt1on of the school year refers to the
time to be covered by the report which
the inspectors are required to make It
d1tferentiates the teaching year" TO be
reported from the ''fiscal'' school year.
WMcn begins on Jan. 1. Section 49,
MUNICIPAL Code. But clearly it does not
mean what counsel claims for it. be-
cause If 1t fixes hard and fast the actual
teaching year, then 1t requires the di-
! rectors to report on June 1 the number
or children who attended school during
June and up to July 1. AS they are not
prophets, or even prophets sons, they
cannot obey this law under such con-
struction.
The truth is, it was never intended by
the parenthetical expression (which
year., ETC., to declare that the public
schools of st. Paul must open on Sept
and must be kept open until July 1 fol-
lowing. The language is by way of re-
cltal. II intended to fix the year for
school purposes it is directory not man
datory. 1t therefore devolves upon the
board of school inspectors, with assent,
express or implied, by the city, to fix
the term within reasonable limits If,
as has been suggested, some board might
try to reduce the term to one, two or
three months and thus commit fraud on
the people, 1 feel sure a judge would be
round sufficiently courageous and fer
tile In resources to bring such people to
their senses. But no such occasion will
arise, and the suggestion is but an ora
torical phantom.
1t is claimed, however, that the salary
of plaintiff (and the other teachers) has
not been fixed so as to entitle him
to recover. While the resolution is not
as definite as it might be, yet reading it
In connection with the boards action
In making out and certifying this Octo-
Der roll as correct and for payment. there
appears sufficient fixing of that months
salary
In the argument the city comptroller
was severely censured. In simple Justice
he does not, as see it, deserve censure,
but commentator that he has the cour-
age to challenge before the courts mat
ters involving large expenditures of pub
lie moneys where the question is in
doubt. And the question here is entirely
new, upon a subject that has been pro-
life in legal difficulties and not entirely
without doubt.