Norwich bulletin., 1921-03-05
DAHEESeN D HUMAN NEWS

JudSe Hinman says: Although no com
 pendAS reAsen is apparent whyAa person,
 in order G bA enjoyed as a teacher of
 music Sr Sfher similar branch, should be
 requitAd bF law to be examined and
 found qualified ih the ordinary branches enumerated in section 1Oe07 of the gen. efal statutes and to obtain the certificate therein provided for, such, as was held By Judge Greene in his memorandum on the demurrer in the original action to which these applications relate, is the present state 6f cur statute law.
 h SrAer, then, that the plaintiff Ap- Dfi6ank may eSEnnAl, by niandamus, the tissuance te her By tho town school com mittee, of such a certificate, she mus estAAlih as one of the essential requisitez
 that she was, at Or before the date 6i the certificate sought, 50 examined in said required branches and found quali- fled therein that, under said statute, 1t then became the duty of the committee t6 give her such certificate.
 The term examine" as used in said
 statuEe, even when most liberally con- strtiea in favor of the candidate for a ceftihatec, imports at least such an in-
 vestiGatien of her qualifications to teach
 each of said enumerated branches that
 conclusion as to said qualifications
 may legitifiately Be reached therefrom.
 The provision in said section, that no
 cArtihacte to teach in grades above the
 third shall be granted to any person
 who ''fas not passed a satisfactory ex-
 animation in hygiene" might well be talk
 en as contemplating even a more formal
 and compete inquiry as to this branch,
 even if it be not regarded as hacratceriz-
 ing the exarhinat ton in the other branhecs
 Sz 4n&6 kx- cat e4o tIlfA
 The facts admitted under the allega-
 tiens Ot the application against the mem
 befs of the town school committee and
 the answer thereto, and the evidence ad-
 dueed upon the hearing are not sufficient
 to disleose and establish such an examin-
 ation of the plaintiff appliant as under
 said section 10o07 when most libefally
 construed in her favor, would constitute l the necessary legal perquisite to and fetandati6h for the issuance of a certify cate to her. On the contrary it appears that no inquiry was undertaken, either bg the committee or subcommittee, a: to her qualifications except as related tt the teaching outside of music. Such in formal report. if any, as was made to thu school committee by or for the sub-com niibtee as to her qualifications and suet reference thereto, if any as was contain l ed in the letter from Turner to the plain. l tiff notifying her of her employment must of necessity, have related solely to hel ability t6 teach music since her prehcien' l ey in other branches had been. if consid. cred at all by the subcommittee, con fessedly assumed to exist rather thar I tested and disclosed by means of any, l thing partalzink of the nature of an ex arninatoin. The plaintiff.applieant was not ex- l amined a srequired by said section 10o7 | either by the school committee or by tht
 committee by them apointed. and any finding on the part of said committee that she was qualified to teach said spec, flied Branches, which might De implied from their a&qui4scehee in her 0rigina employmeht and fro miner re-employmen | would be illegal and ineffective becaust lacking the required basis of such find. ing, to wk., such an examination fl | said branches as the statute contem. plates.
 For this reason the school committed could not, at any time have lawfull5 given the plaintiff a certificate, and con. seduently cannot now be compelled by mandamus. so to do.
 As to the application against Marlant
 -the facts admitted by the pleading. l and given in evidence disclose no votes ol
 acts by the committee. within the offcfa coEnizance Of Marland as secretary
 which it was his duty. to record ant l which do not appear Of record
 The applications against Marland an, against Greis, Ct al. are denied and dis missed. Hinman, J. Town Attsfney E. L. Darbie and hi associate in the case. Attorney c. E Searls. would net predict on Friday wha step. if any, may De taken by the plain tiff in what is an intensely interesting
 case for the people Of thi stown. Pat ently, the next move is up to the attor neys for Miss Warden. It Is possibl,