New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-06
NORMAL GIRLS WIN.
Court Decides Board of Education
Must Put Them on ELIGIBLE List.

licenses to teach which City Superintendent Will
lam H. Maxwell declined to grant them at the time
or their graduation. After nearly two years of
weary waiting. during which. 20 use the words of
their counsel. Lewis L. DeIafeld they have been
rudely pushed aside and deprived of their life
work. the courts have last ruled that the Il
censes have been Illegally withheld and must be
granted forthwith
The decision was rendered yesterday afternoon
by Judge Leventritt. OF the Supreme Court, who
directed tho jury find verdict for the relator.
Miss Mabel V. Price, in whose name the action
brought
Miss Price was in court with about a score of her
classmates, and DR.. Thomas Hunter president Of
the Normal College. was the first to congra tuate
her and her friends on the OF her suit. The
young women were evidently embarrassed by the
publicity into which they have been forced and
took their victory very nlodestly.
Il am very happy I glad stood up for our
rights" one of them said in answer to a con-
graduation. but OF them seemed inclined to
talk any greater length. and as soon possible
they escaped from the courtroom.
The case has turned on a question of fact. name
". to whether the Normal College was In 1903 an
institution approved by the State Superintendent
OF Public Instruction for tic professional training
of teachers When 1t argued last spring the
court held that this question of fact INSULT
GENTLY determined 1t record in the
archives in Albany. and the only evidence that
could be produced letter 10 DR.. Hunter. in
which DR.. Charles L. Skinner. then State Superin-
ingness TO approve the collese, provided certain
quirements were complied with. - In consequence
of this uncertainty the perernptory writ Of man
damus which Miss Price had applied for not
granted and an alternative Judgment rendered
allowing the Board of Education either to issue the
licenses or show cause why it dill not do This
latter ii attempted do yesterday, when Mr.. Della
field produced additional evidence of State ap-
prevail
Since the last trial letter actually giving the
bafo 0rov ed
found In It DR.. Skinner said: II take special
pleasure in approving your course OF study and IN
placing the Normal College on the list OF approved
institutions"
bany Mr. Delafeld produced in its absence three
handbooks published by the State Department OF
Public Instruction, in 1901 1902 and 1893 and con-
tanning a list OF institutions having approved
courses for the professional training Of teachers
In these lists the name Of tbs New-York Normal
College appears
The case turned on these facts. which the coun-
sci for the defence Assistant Corporation Coun-
sci O'Brien did not dispute. He argued, however
that the approval" did not apply to the Normal
College as a whole. but only to certain course IN
this college. This course, he maintained, included
certain examinations set by the State Superin-
tendent Of Public instruction, and in these ex-
amnations Miss Price had failed.
In this connection Mr.. o Brien read letter dated
September. 1902 from Dr. Maxwell to DR. Hunter
in which the City Superintendent says that here
after he would only exempt students from aca-
dernic examinations who could produce State cerud
Gates He further stated that the course
Of study which the State Superintendent had APP
proved had not been submitted to him, and that
he did not approve IT,
Mr. DeIaAeld objected to the reading of this let
ter on the ground that what representations DT
Maxwell did OF did not make as TO his intentions
or prerogatves were wholly irrelevant
The letter antedated the official notice sent in
Februarr which led the plaintiff to believe that
70 alZa he n
tendent's academic examination. This notice stated
that applicants for licenses who had taken the
entire course in a normal college located within the
CITY Of New-York and approved by the State super
iuterdent Of Public Instruction would be exempted
from this examination. and the plaintiff believed
herself to be a graduate of such college.
The principal witness for the defence was Frank
H Wood formerly superintendent Of the division
Of instruction of the State Board o, Examiners.
and A. Emerson Palmer, secretary Of the Board
Of Education was also called. The president Of
the Normal College and two members of the class
OF 90 Miss Elsie Tobias and Miss Anna Rosen-
cranz. were witnesses for the plaintiff. The City
Superintendent was In court during the whole OF
the proceedings and consulted frequently with his
counsel.
The argument was concluded IN the morning and
as soon as the court reopened in the afternoon
the Judge summed up the case as follows
There IS no dispute respecting any fact material
to the determination Of this controversy The mat
ter is reduced d to the &orma q College OF the city
of NewYork was II I99$ normal by law
TO grant degrees and approved by the state sup
erintendent OF Public Instruction IOI INC Pt0-N'
sionaI training OF teachers "a, 49, %
Schools had the power exempt the rela[or, as d
graduate OF the Normal College from taxing me
academic examination referred TO IN the oyItWS o.
the BOARD of Education and in his letter OF req
ruary 6, 1903. =, IT.. ,,,-.a y, that
Jrst1Ition al that time did not exceed hVc years,
-o~ciT6s that the relator had taken the entire
coI,Tse rAfarred to subdivision OF Ihat letter
GO Das therefore entitled TO be exempted from the
ansdarn;c examination for license No. l. The en-
10 oorSe" there contemplated did not include any
ey rn{natiOu at the instance OF the state Superh-
fandan+ OF Instruction Whatever requirements may
80 been informally foreshadOwed IN the super
;+eI5ents letter OF October. 1907 we're superseded
~ ne requirements contained in the formal notice
~ ahr11srv 1903. Under that the State certificate
not declared TO De d par u '''7 ''-''-'
course 81, D. -. .o,,.o-
Mr. oBrien excepted 10 this verdict on th
ground that IT was against the weight OF evidence
and contrary the law. and asked for new trial.
but Justice Leventritt denied the mott IN.
The decision affects not only the young women
concerr ed in the suit. some who now stu
dents in the college and most Of those graduated
since the course Of study was reorganized. The
complication arises from the fact that in 1897 a