The Somerset reporter. [volume] (Skowhegan, Me.) 1868-1909, 1899-04-13
For the Reporter.
The School Question Again.

Mr.. Editor: The opinion S. C. Cor
n,h, Esq, on the school question, pub
lshed IN the REPORTER, is 40 wide of
mark-such misconstruction of the
law, in my judgA&nt, that 1t is hardly
proper to let it pass uunoticed. Chapter
DOG of the public laws Of 1897 is wholly
an innovation in this State aud must be
construed by itself Beyond all ques-
ton II was enacted with the view of Sc
curing better supervision of our public
schools-a higher grade of superiutrnd-
ents. In constituting law, the rule ts,
that "the real intention, when accu-
rately ascertained will always prevail.
even over the literal sense of terms
Another rule il. "when the words are not
explicit the intention is to be collected
from the context, from the occasion and
necessity of the law, from the mischief
felt, and the objects and the remedy in
view and the Intention is to be taken or
presumed. according to what il conso-
nant to reason aud discretion. Keeping
in mind the purpose of this law, and dis
carding all preconceved erroneous no.
tions, In the light of these simple rules
will have no great difficulty 10 getting a
the true construction of the law. Let us
examine its important provisions with
care, section by section, for IL Is OF the
utmost Importance that it is correctly
understood.
SECT |. On and after July first,
eighteen hundred and ninety seven, the
school committees of two or more towns,
h.. uip npHar thair nd nnafnHu 81 n
aggregate of not less than twenty five or
more than fifty schools, may unite in the
employment OF superintendent of
schools, provided they have been so au-
thorized by a vote of their towns at the
regular town meetings, or special town
meetings called for that purpose"
BY this section the school committee
OF two or more towns are authorized, at
any time, to unite, ETC., and form what
is called in the law "union,' provided
they have been so authorized by vote
of their towns at the regular town meet
ing or special town meetings called for
that purpose. 1t will be noticed that all
the towns have to do in forming the
union, is to authorize it. l he com
mttees do the rest. After being au-
thoriz1d, the committees are not Obliged
to unite. The law says may, that is, If
they can agree on terms. The commit
tees having been duly authorized, and
the agreement perfected, what is the
next step?
"SECT. 2. The school committee of
the towns comprising a union shall form
joint committee and for the purposes
OF this act said joint committee shall be
held to be the agents of each town com
prising the union. Said Joint committee
shall meet annually at a day and place
agreed upon by the chairman of the COM
mttees of the several towns comprising
the union, and shall organize by the
choice of chairman and a secretary.
They shall determine the relative amount
of service TO be performed by the super
intendent in each town, fix his salary,
apportion the amounts thereof to be paid
by the several towns, which amount
shall be certified to the treasurers of said
towns respectively; provided that the
amounts so certified shall be in proper.
ton to the amount of service performed
in the several towns. They shall choose
by ballot superintendent of schools, in
which choice the committee OF each
town shall have vote proportional to
the towns share Of the expenditure for
the superintendent salary"
The school committee of the towns
comprising union shall form a Joint
committee, that is, act as one body and
not two or more committees comforting
together, and the joint committee shall
be the agents of each town, that is each
town Is bound by any contract they NAV
make in the line OF their duties. Said
joint committee shall meet annually and
organize by the choice of chairman
and secretary and among other things
they are required to do, "they shall
choose by ballot a superintendent of
schools" And now we come to the
vexed question as to, for what length OF
time the superintendent may be elected.
AS the next section throws some light
on this point let us examine that.
"SECT. 3. Whenever the chairman
and secretary of said joint committee
shall certify under oath to the State
superintendent of common schools, the
form of certificate to be determined by
said State uperintendent. in accordance
with the provisions of this act, that
union has been effected rs herein provd.
ed that the towns unitedly have raised
by taxation sum not less than five
hundred dollars for the support of a
superintendent of schools, and that
under the provision of this act super
intendent of schools has been employed
for one year, then, upon the approval of
said certificate by the State superintend-
ent of common schools and the present
alton thereof to the governor and coun-
ell, a warrant shall be drawn upon the
treasurer of the State for the payment to
the treasurers of the several towns of
sum equal to one-half the amount ex-
pended for superintendent by each of
the several towns comprising the union,
provided that not more than two hun
dred and fifty dollars shall be paid to
any one town or more than seven hun
dred and fifty dollars to all the towns
any union"
By this section, it appears that before
the State pays any part of its promised
aid, the chairman and secretary Of the
Joint committee, shall certify under oath,
that under the provisions OF this act
of schools has been en-
ployed for one year. 1t will be remem-
bered that these town unions NAV be
formed at any time, in any month of the
year, on any secular day of the month.
Suppose that on some day in the month
of Sept. union Is formed comprising
four towns. When they come to choose
a superintendent, they examine the law
and find that before they can get the
promised State aid the superintendent
must have been employed year, and
they elect him for year. Have the
thority? / say no. Mr.. Cornish says
IL A.