The New York herald., 1922-05-22
Fair Play Promise
for Teachers by
Frank p. Graves
State Education Head Says He
Will Give Hearing to All
Lusk Law Cases.

Frank Pierreport Graves. State Com
missioner OF Education. issued an Of
ficial definition yesterday OF the reasons
for AMI powers OF his advisory council
on teaGj.ers' qualifications.
Simu taneously. the Teachers Union.
the leading unit in the attack upon the
Llsk law. sent letter to Mr.. Graves
condemning as unrepresentative the
Teachers Council, the champion of the
advisory council
Mr. Graves's statement has IL that
there is IAN apparent Misunderstanding
as to the purpose anc intended result of
the investigs ton now being conducted
by the council or committee appointed
by the Commissioner of Education to as
sist him in carrying into effect the pro-
visions of chapter CSC Of the laws Of
1921 requiring teachers to obtain cer-
tifcates of loyalty and of moral char
acter In addition to the other credentials
required by law"
After Interpreting the law. Mr. Graves
says that the advisory council has no
power to deprive a teacher OF his or her
license and that no teacher will be thus
incapacitated without having a trial be-
fore the Commissioner Of Education.
which proceedings, 1t Is explained, will
be prosecuted openly with due regard
to ell legal forms and requirements"
In part. the Commissioner says:
TT vas thought desirable that the
committee should consist of five persons
who were entirely disinterested.
The members of the committee were
selected with care from among those
suggested by the representatives of the
teachers. They were asked by the Com
missioner to serve IN an advisory ca
pacity and Tor the purpose Of aiding the
Commissioner in reaching a determine
tion as to propriety of Withholding the
certificates required to be issued under
the law.
Cannot Conduct Trials.
1T was clearly understood by the
Commissioners and by the committee that
the committee was not to hear charges
against teachers or to conduct trials.
They were to give teachers an oppor-
tunity 10 come before them and explain
statements that had been made as to
either their character or loyalty. The
committee was not clothed with inquisi-
torial powers and has not attempted to
exercise such powers.
The Commissioner has not delegated,
nor could he\ delegate. to this commit
tee any power to determine as to the
issuance or withholding OF the qualify
ing certificates.
The committee will be expected to
present It's views to the Commissioner
of Education as to the cases which have
been examined by 1t. II the Commits
sioner determines that the facts warrant
1t. proceedings will then be instituted
to determine the facts. and the Commits
sioner will himself conclude as to whether
the required certificate will be withheld.
1t should be noted that the law provides
that no teacher shall be permitted to
teach In the public schools of the State
unless a certificate under this law has
been issued to him.
ITO deprive teacher Of this certifi-
cate In effect deprives such teacher OF
his position. 1t would be opposed to the
we'll established policy of the State De-
partment and to every principle OF fair
dealing to deprive a teacher OF the
right to teach under a license without
giving him the opportunity Of trial
before the Commissioner Of Education
Teachers' Union Protests.
! In It's letter to Mr.. Graves the Teach
ers' Union tries to convince him that the
Teachers Council does not speak the
| thoughts of the majority OF the public
| school teachers in New York city. II
asserts that the president Of the Teach
a teachers license and whose chief claim
to prominence Is Tammany connection.
The Teachers Union and other units
of public school instructors such as the
Teachers interests Organization, have
protested. 1t Is said, that members of the
Teachers Council be elected by direct
vote of those whom they profess to rep
resent and not by delegates in conven-
ton. The letter has 1t that William
l.. Ettinger made futile pleas to the
Teachers Council to try being more
democratic and that the body replied to
the effect that 1t saw no reason to
change.
Continuing the letter says in part:
"One Of the most recent acts of the
Teachers Council was the adoption OF a
proposition to be made to the State De-
partment of Education to establish a
character committed to be made up
largely of members OF the Teachers
Council itself. The proposed function
Of this character committee Is to con-
slider the cases of teachers desiring to
enter the service in New York city. and
to determine whether these new en-
trants' are loyal and moral according
to the standards of the Teachers Council.
"The Teachers Union beseeches you
as Commissioner Of Education of the
State OF New York to give no counte-
nance tn 40 ridiculous a propositon"