The Sisseton weekly standard. (Sisseton, Roberts County, S.D.) 1892-1929, 1910-03-04

have any further howl coming
am to allow the people to obtain
a sample of the brew Mr.. Jones
turns out in his thinking mill.
Here follows the article:
February oath 1910 |
Mr.. C. c. llnappen
Editor SisseLon Standard
Dear Sir:
Having read your article published in the
--latest issue Of the STANDARD, in relation TO
the case of Jones VS. Gee. and that OF Jones
VS. Roberts County, 1 submit to the public,
facts which you have seen fit to conceal.
And rs a matter of fairness to the patrons
of your paper, urge that this reply be pub
lshed in its entirety in the next issue OF the
SRA "oARD.
1t is not my desire to exploit throughout
the county and beyond its borders the short
comings OF anyone; ana while have a moral
right 10 disclose every feature having vital
bearing In the case. there may be legal i'm
pediment which should not be ignored. How
ever. 50 far as am personally concerned. the
entire matter is an open book: The people are
invited to learn the facts, and IL they decide
from the facts tina, deserve your misrepre-
sentation and abuse for the position ] took
and maintained from beginning to end. well
and good, but let the whole truth be made
known to the public. and shall be satisfied.
Let it be known that on two occasions dur
jng199sand prior to The general election of that
yea, Mrs. Agnes E. Gee awaited herself of
the privilege OF taking the regular teachers
examination for u first grade certificate; that
the manuscripts submitted by her were for
warded by me to the state superintendent,
ur : whose supervision they were read and
narked by, the state board Of examiners, and
that tie returns show that Mrs. Gee failed
to measure up to the regular standard OF
scholarship for first grade certificate,
Let it be known further that every regu-
lar examination for a teachers certificate
must be governed by the rules and regulations
furnished by the state superintendent. II no
it devolved upon me as al officer IN charge of
The examinations held i this county TO en-
force those rules with the same splrl. tbat
should govern the actions OF the states attor-
ney or any other public officer or any appii-
cant seeking through the regular channel OF
law to procure a certificate to teach.
There is on file in the office OF the state su-
perintendant a report relating to Mrs Gee.
You are at liberty. SO far as am concerned, !
to procure copy of that public record, 10
publish the same together with the evidence
given in support of the facts therein contain
ed, There were for me but two things from
which to chooso-to report the truth or certify |
to falsehoOd.
The superintendent contest case was insti'
tuted by me. did everything in my power
to have the matter brought on for trial and
disposed otttn the regular manner before the
expiration OF my term that year; but thru the
persistence OF Howard Babcock, attorney for
the contestee. to avoid the trial OF the case
on its merits. nothing effective was accom-.
plished until the following summer, when the
court declared the contestee not eligible to
hold the office. And the very day on which
the case terminated, requested the board OF
county commissioners to fill the vacancy by
the appointment Of any other person eligible
to serve.
It's contended by j. j. Batterton and his
deputy, Howard Babcock, that they appeared
before the county commissioners and advised
that body to eject my bills for salary. OH the
grounds that the Office of county superinten-
dent had been vacant since January 1903 and
that had been holdi,-g the Office without
the authority of law. The decision OF the
court however in the case of Jones vs. Roberts
county contains the following paragraph
taken from decision of the supreme court:
| "Disbursing officers charged with duties OF
| official salaries have in the discharge OF that
| duty the right to rely the apparent title
| oil the officer de facto and to treat him as
| an officer de jure without inquirlng whether
another has better right" From this il
| seems that the county comn.sslone ers were
justified in ignoring the advice OF MIR. Batter
ton and lis deputy, by unanimously allowing
the payment of salary TO the person who nae
done the work. The matter OF determining
the question of title rests with the courts
and not with the states attorney, his deput.
or the board OF county commissioners
Mr.. Batterton says, under the laws OF TIM
state 1t Is impossible for a teacher to secur
certificate of any kind without the recon
mendation OF the county superintendent
what a statement for man OF his age pre-
Tossing to be learned in law. The fact Of tn
matter is that life diploma, state certif
cate valid for five years, and provislons
certificate valid for two years are issued b
the state superintendent. A regents certi
cate is issued by the State board OF regent
The Recommendation of a county superente
dant is not required in the inssuance OF the
certificates. All other regular certlhcat
are issued jointly bv the state and count
the former passing upon the scholastic ! r
Quirements, the latter upon all other quail
cations. including moral characters
1t is the privilege Of an applicant for fiji
grade certificate to write at any regular e