No.

SCHOOL TEACHER'S CERTIFICATE.

This is to certify, that has been examined and found competent to give instruction in orthography, writing, arithmetic, grammar and geography, —, —, —, and having exhibited satisfactory testimonials of good moral character, is authorized to teach these branches in any common school within this county, for the term of from this day of —, A. D. 18—.

By order of the Board,

county, Ohio:

day of,

To the local directors of sub-district No. -, - township, Whereas, the board of examiners of said county, on the 185-, granted a certificate to, authorizing him to teach orthography, &c., for the term of — months, and he is now engaged as a teacher in said sub-district:

And, whereas, it has been represented, and said board has become satisfied, that is an unfit person to be retained as such teacher, in consequence of (here state the offense).

Therefore, you are hereby required to discharge and dismiss said— from his said employment. His said certificate is revoked.

185

By order of the Board,

Clerk.

CHAPTER XXI.

ANSWERS TO QUESTIONS ON THE SCHOOL LAW.

QUESTION 2.-How is the township clerk to be paid for making an abstract of the enumeration returned to him?

ANSWER. By the township: as for other services of like nature rendered as township clerk.

QUESTION 3.-When the directors neglect to take the enumeration, and the township clerk employs and pays a person to do it, how is the clerk to reimburse himself?

ANSWER.-Charge the amount so paid in account with the township; and then proceed to collect it of the delinquent directors, and credit the amount so collected to the school fund of the township.

QUESTION 16.-Does the new school law vest in the directors of the sub-district, or in the township boards, the right to prescribe the general rules and regulations for the government of the primary or sub-district schools?

ANSWER.-In the township boards, undoubtedly; for although sec. 6 declares, that "it shall be the duty of the school directors, in each subdistrict, to take the management and control of its local interest and affairs," etc., yet this duty must be performed under, and in obedience to such rules and regulations as the township board may prescribe; as in the case of negotiating and making contracts in relation to providing fuel, repairing buildings, or furnishing school houses, etc., as provided for in sec. 7. A different construction of the law would defeat one of its most important objects, viz: that of equalizing, as far as practicable, the educational privileges of the several sub-districts of the township, and preventing the numerous disparities incident to the old independent district system.

The law is very plain on this point; for in sec. 13, it is declared that "it shall also be the further duty of said board to prescribe rules and regu lations for the government of all common schools within their jurisdiction." Besides, sec. 11 makes them a body politic and corporate in law, and vests in them, in their corporate capacity, the title, care and custody of all school houses, school house sites, libraries, apparatus, and other

property belonging to the school districts. It is evident, then, that their right to prescribe rules, etc., for the direction and government of the subdistricts, must be paramount, and that of the directors subordinate.

QUESTION 17.-Are township boards authorized to appoint the township clerk the acting manager of schools for the township?

ANSWER.—Undoubtedly; for sec. 10 declares, "that the township board of education shall consist of the township clerk, and of the local director from each sub-district of the township, who has been appointed clerk in his sub-district;" and near the close of sec. 13, it is declared that, "if the board deem it necessary, they may appoint one of their number the acting manager of schools for the township," etc. The township clerk, then, being constituted by the law a member of the board of education, he may, unquestionably, be appointed the "acting manager."

QUESTION 24.-Is each part of a fractional district entitled to three directors, and a representative in the township board?

ANSWER. Certainly not-for this would give to each part of such district equal power with an entire district. This is evidently not in accordance with the spirit of the law, or with the intention of its framers. The misapprehension has arisen from the language used in the first section: "The several school districts and fractional parts thereof, which now are or may hereafter be established in the several organized townships of the state, shall be regarded as sub-districts, and be confided to the management and control of local directors, as hereinafter provided."

By the expression "and fractional parts thereof," is meant those sub-districts which contain territory lying in two or more townships. Hereafter, for the sake of avoiding misapprehension, I shall designate such sub-districts by the term joint sub-districts, and those sub-districts which lie wholly in one township, by the appellation of entire sub-districts, or simply sub-districts.

It was the intention of the law to declare all the old school districts to be sub-districts. Of course, a school district, though composed of fractional parts of adjoining townships, was still but one sub-district, and entitled to elect, as provided in section 2d, "at the usual hour and place of holding district meetings," but one set of local directors, composed of three persons only-one of whom would be chosen clerk, and as such would be entitled to a seat in the township board of education in that township in which the school house might be located, no matter where the clerk might reside, so that he be a resident within the limits of the school district. For school purposes, he represents all the fractional parts of the sub-district, reside

in which fraction he may, in the board of education of that township in which the school house happens to be located. Sec 16.

QUESTION 30.-Are members of township boards of education entitled by law to compensation for their services?

ANSWER.-The above question has been addressed to the commissioner at least fifty times, and each time it has been answered, unhesitatingly, in the negative. A proposition to pay them was voted down while the school law was pending in the late general assembly.

Officers created by the school law cannot claim an allowance for their services, unless the law, in express terms, so declares. The reasons assigned at the time the school law was under consideration, for not allowing members of township boards of education a compensation for their services, were the great number of salaried school officers that would thereby be created, and the general belief that after a few years it would not be necessary for such boards to meet more than twice in each year, and that the management and supervison of the different schools, and the educational interests of the township could be performed by the "acting manager," whom the board is authorized to appoint, and to whom "they may allow a reasonable compensation for his services." Sec. 13.

QUESTION 31.—Are township clerks entitled to remuneration for their services as members of the township boards of education-or for making and transmitting to county auditors, abstracts of the enumeration returned to them-or for taking the enumeration in case the directors in any subdistrict fail to take and return the same-or for filling vacancies in the boards of local directors-or for drawing in favor of teachers-or for acting as clerks at meetings relative to central or high schools—or for prosecuting township treasurers on their bonds--or for reporting to the state commissioner when required to do so? If so, from whom and from what funds?

ANSWER.-These questions, or at least some of them, have been propounded perhaps a hundred times, and have as often been answered, as follows, viz:

The rule on this subject is understood to be, that township or county officers, neither salaried nor created by the school law, but upon whom it imposes certain new duties, are entitled to the same allowance out of their respective county or township treasuries, for services performed and expenses incurred under the school law, as is allowed them for other services of like nature rendered in their official capacity.

QUESTION 32.-Are township treasurers to be paid for services performed under the school law, out of the township school fund?