New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-05-15

regular course than the postgraduate courses
at Columbia part of it's regular course This is
the view taken by the chairman of the executive
committee Of the college who declares that the new
courses purely voluntary and postgraduate Hs
thinks that the zeal of the city superintendent to
obtain the best results for the school system has
led him to take arbitrary position which has
worked in this instance injustice to a large num-
Der Of individuals"
Leaving these consideration out OF the question
however the class OF 'O3 considered itself expressly
exempted from an academicaI examination by
notice issued February from the Office of the
board OF examiners and signed by the city super
intendent. The members of the class OF O2 were in
formed by the city superintendent that IN order to
obtain license No. 1 they would have to pass the
State or city academic examinations Some did and
some did not. and licenses issued to all IN
the fall of 1902 the members OF class OF % were
again informed that they must pass one OF these
examinations. This information was contained IN
a letter dater October s. 1892, written by Dr. Max
we'll 10 President Hunter and promulgated By the
latter
On February s. 1893. the notice Just referred TO
issued. and in this classes of applicants
for licenses were exempted from the academic ex-
animation, notably such had takn the "entir
course" at a normal college located within the
city of New-York, authorized by law TO grant de-
grees. and approved by the State Superintendent
of Public Instruction for the professional training
OF teachers Relying on this later and official
statement, and with the advice OF various members
OF the college STAFF. who interpreted il in the same
way, the majority of the members OF the class
omitted to take the academic examination with
the result with which the public is familiar-thsy
We're reported Ineligible 90 academic
Most OF the foregoing is set forth IN the sworn
statement of Miss Price in her application for the
writ Of mandamus. and she adds that in Septem-
Der. 1893. license to teach a substitute teacher
was issued TO her. signed by the City Supern-
tendent Of Schools. and that since October T. 1893
she has taught under such license in Public School
No. 40. performing exactly the duties as are
required OF the holders OF license No. l This
license was issued under a bylaw of the Board Of
Education which enumerates as one of the con-
dltonS or eligibility for a substitute license
eligibility for license No. !.
Since the refusal Of these licenses IL has been
schools has discretionary power in the matter but
in the correspondence which has been going on
since March between the Board OF Education and
Mr De!aneId this is expressly denied. In a letter
ing IN the charter which authorizes the city super
intendent to exercise an arbitrary discretion in ths
granting or Withholding of a license. The law and
the bylaws adopted pursuant to the law declare
mined And when the eligibility OF a candidate IS
determined in the manner prescribed hv the Law
the act or the board OF examiners in issuing a
license Is merely ministerial The law declares
license certain classes of persons without exam
nation To that extent. and within the clsss OF
persons described in the statute he may determine
who is eligible.
of Education the decision on the part OF the
committee on bylaws and legislation that what
ever the merits OF the case. could ,Ot restrain
the city superintendent from issuing tho licenses