Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1905-12-01
OPINION StTl(B
DEFINITELY
R0St(RANS MATTER

| An important feature of the meeting
| Of the Board of Education last We'd
| nesday was the receipt of an opinion
| from the Attorney Generals Depart
ment in answer to its request for infor.
nation as to what is meant by the term
actually begin service" in the regula.
ton providing that a teachers salary
begins then. This question was brought
up in the Rosecrans matter, which
came before the Board last week. The
opinion stated as follows;
The regulation quoted in your COM
munication clearly defines the relation
between the teacher and the Depart
ment of Public instruction. II is not
alone provided therein that teachers
name shall not appear on the pay roll
unless said teacher has actually be-
gun services" but It further provides
that no teacher shall receive ANY com.
pensation until he or she actually be-
gins service"
THE language employed is plain;
and | am of the opinion that irrespec'
tive of the date of appointment, the
regulation prohibits the payment or re.
ceip of compensation until the services
actually begin. The Superintendent
of the Department, as well as the
teachers thereof, are bound by its duly
| passed and promulgated rules and reg.
ulations, and even the Superintendent
| himself has no power to go outside OF
those rules. The rule fixes the time
when compensation shall begin, and
| prohibits any other understanding but
that of compensation when service be-
gins
Mr.. Lindsay OF Maui had called on
Babbitt complaining that great inJus-
tice had been done Mr.. Rosecrans. Bah.
bitt had said the Board had acted on
Rosecrans' own letter and that Rose
Grams could, If he would, state his
grievances before Board meeting.
| Lindsay had sent wireless to Rose
cians, who might come Thursday In
| this case a special meeting might be
called for the purpose.
Wight said he did not believe in hav-
| ing special meetings every time a
teacher had a frievanCe to air.
| Harrington said he thought teachers
should be given hearings when they
wished them. Still, in this case. he
could not see that any good could be
done in view OF the opinion OF the At
torney General.
| i Wight said again that he thought II
was undignified to have the Board be
at the beck and call Of every teacher
They should come when the Board held
its regular meetings.
Harrington said that on the other
hand he did not think that this would
result in the teachers feeling that they
could call special meeting whenever
they had a grievance to air, as had been
| Wights opinion.
Babbitt said that Lindsay had stat
ed that Inspector Wells had failed Il
give full information about he case
For this reason Babbitt had told hin
. that II Rosecrans wanted TO appear be
fore the Board he could.
Wight said Rabbit could handle tn
, matter himself. He had the full con
: lidenCe of the Board.
: Babbitt said he had promised Rose
Grams a hearing before the Board. II,
! would call meeting, and it would b,
!, up to the members to come or not, n
they pleased
. II was decided that hereafter tn,
Boards action would be determined ac
Cording to the decision the Superinten
dent made as to whether there shout,
be Board hearing or not.
Wight reported that the o. Il. & l.
Co. had promised to give free transpor
tation to the members of the BoarC
committee on the Waialae reform
school.
. Babbitt said he was going to Hilo L
, look up the High school matter an,
some discussion followed on the sub
{ ject.