The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1907-08-02
DIR. Beach Objects to EN-.
plOyment of Relatives.
SCHOOL BOARD IN QUANDRY.
Legality of Election of Miss Chesser as
Teacher Will Be Put Up to
Attorney General.
From Wednesdays Daily.

| CHOSEN by the school board to fill the
vacancy caused by the resignation of
Miss Anna M. Skuse as teacher Of
the fourth grade of the Franklin
/ school, but whether her contract will
be signed by the president of the
board will depend upon whether her
election is legal. While she received
majority of the votes cast, she did
not receive unanimous vote of the
full board, and could not, for DIR. Hol-
brook was absent. Her election was
protested by DIR. Beach on the ground
that she was relative of member
OF the board, being niece of Mr..
Coughlan's wife.
| DIR. Beach brought up the matter of
relatives of members being eligible for
election as teachers, when the board
was called to order by President
Hughes. He said that some people had
asked him about the law in reference
to this, and he would like to know
| what it was. He had been told that
the board had no right to hire teachers
related to members of the board.
General Douglas Opinion.
Mr. Davies said that when he was
on the board before, he had objected
to relatives of the board being elect
ed as teachers. At that time nearly
all of the members had relatives who
were teachers in the schools, and he
did not think it right and had taken
| the matter up before the board and
had it investigated thoroughly. Judge
Comstock had gotten Attorney General
Douglas opinion, and that official had
held that inasmuch as this is a special
| school district it does not come under
the general laws of the state, ~
DR.. Beach said that that was before
the revised code had been passed.
Held to Be Illegal.
President Hughes said that the mat
ter had been brought to his atten-
ton, and as he wanted to be right
he had submitted the question to At
torney General Young for an opinion,
bearing in mind the fact that it was
an independent school district. He had
received in reply the following letter:
"St. Paul, Mimi, July 20, 1907
Mr.. Evan Hughes, President Board of
Education, Mankato, MINI. Dear Sir.
In your oral inquiry of today you call
attention to the provisions of Section
1874, Revised Laws of 1905, which in
so far as here material read as fol-
lows: School boards shall hire teach
ers at meetings called for that pur-
pose. No teacher related by blood or
marriage to trustee shall be en-
ployed except by unanimous vote of
the full board
And you ask whether, in the opin-
ion of this office, niece of the wife
of one of the trustees is related by
marriage so as to preclude her selec-
ton as a teacher by your board of
education except by unanimous vote.
You also ask whether this provision
of the revised laws applies to indie
pendent districts, as well as to COM
mon school districts.
Replying thereto, I beg to advise
that, in my opinion, both of your in
quiries should be answered in the af-
firmative. The word relation ordi-
narily in the law, means related by
blood, but where, as in this case, mar
riage is specified, I am of the opinion
that it includes a person who is a
blood relative of the wife of trustee.
Such person is clearly related by maf-
riage to the trustee, and as such is
within the positive prohibition of the
law.
''The question as to whether this
section applies to independent districts
was determined by Hon. Moses E.
Clapp,. while attorney general of this
state, in the affirmative, and in such
ruling this office concurs. Yours very
truly, George Simpson, assistant attor-
ney general"
Question Still Unanswered.
Superintendent Mcconnell raised this
point that this is special district
and that the question remained unan-
swered as to this. ts
Mr.. Davies said that Mr.. Douglas
written opinion held that the law did
not apply to special districts.
Mr.. Hughes quoted the law relating
20 the hiring of teachers, as follows:
School boards shall hire teachers at
Meetings called for that purpose. No
;eacher related by blood or marriage
20 a trustee shall be employed, except
~ unanimous vote of the full board.
rhe employment shall be by written
contract, signed by the teacher, and In
common districts by at least two of
he trustees; in special and independ-
mt districts by the chairman and
Jerk. Such contract shall specify the
line of employment and the wages per
month";"
Mr.. Hughes said that the reference
o signing contracts was not in the old
aw, and as it now includes special
districts he thought that very likely
was intended that the part refer
ing to relatives of trustees should
llso apply to special districts. il
The Difference Explained.
Mrs. Smith asked what was the diff
erence between a special and an Id.
dependent district, and Mr.. Hughes re-
lied that the independent districts
re organized under general law,
While special districts have special
harters of their own. He did not
now whether general law passed
fter the granting of the special char
er would affect the district. The char.