Daily capital journal. (Salem, Oregon) 1903-1919, 1905-09-29


attorney-general last night which 1:
even clearer and more emphatic than
the other. The text Of last night q
opinion is as follows:
i"Dr. II. O. Epley, Member Board Of
Directors District No. "a of Marion
3 County. Salem, Oregon,
, Dear Sir:-Replying to your inquiry
as TO whether the special examining
board of a school district of first class
has the right to reqpire teachers
teaching in a high school OF in a
grade above the eighth in such district
to appear and pass an examination be-
fore said board, have the honor to
reply that my in opinion it has not.
Such a special examining board is
created by the board of directors of
any district Of the first class and the
county school superintendent Of the
county in which such district Is loeat-
ed is ex-ofiicio chairman Of such board
Of examiners, and the city superin.
tendent is also member. This board
Of examiners is appointed to examine
such applicants for teachers certif-
Gates TO teach within the district who
are not holders of county or state GER
tifeates or diplomas. but have no ju-
risdiction over teachers teaching in
the grades above the eighth
The qualification Of teachers in the
high schools in this state are prescrib-
ed by law, and are as follows:
"Teachers employed in high schools
organized under the provisions Of this
act, shall be graduates of the state
normal schools Of the state, graduates
Of some institution Of collegiate or
or university grade, or shall be the
holder of a state certificate or d.
ploma." You will notice that the
above numerated qualifications do not
include certificate or diploma from
a special examining board Of a dis
trict of first class.
Grades above the eighth grade in
this state constitute a high school and
can only be established by authority
Of majority vote Of the legal voters
Of any district at an election called
for that purpose as provided by the
statute. Subdivision 20 Of section
1899 Of Bellinger and Cotton's Ammo
tated Codes and Statutes Of Oregon
provides the manner in which such an
election shall be called, and also pro.
vides that the legal voters shall vote
whether or not grades above the
eighth shall be established. Section
1929 Of the above mentioned code also
provides for the establishment of high
schools by any district. The manner
Of taking the vote provided in both
sections is the same and under the we'll
known rule Of statutory construction
that statutes are TO be construed in
pari materia and that both shall stand
unless there Is an unreconcileable con-
hict, / am Of the opinion that both Of
these sections mean the same thing;
that is, the establishment Of high /
school, whichever method is pursued, if /.
the vote is to establish grades above /
the eighth, or 10 establish a high /
school, the result is the same.
Very Respectfully Yours,
A. NJ. CRAWFORD,
Attorney.General. |
This eamining board met this morn
ing at 0 O'Clock, and the high school
teachers had been summoned before
them for eamination. After disregard
ing the decision Of the attorney.gener.
A. the board was ready TO proceed. Mr..
on behalf Of the teachers,
asked that inasmuch as there seemed
10 be a conflict Of authority, they be
allowed two weeks more time in which
70 settle the matter This request was
1eremptorily refused, and the teachers
leclined 10 appear 1t was learned
ater that Misses Richards and Swat.
ord decided 10 submit 10 the examina.
ion. This leaves Principal Marlatto
md Miss Clark as standing out against
he examining board.