not all-as they may deem just and equitable, of the amount of such estimate for the school house in a particular sub-district; and it is made the duty of the auditor to assess such portion of said estimate on the taxable property in the particular sub-district. In such cases the auditor makes two assessments-one on all the taxable property of the township, the other on the taxable property in the particular sub-district. Adding the two together, he determines the amount to be levied and collected in the particular sub-district.

If, during the past ten or fifteen years, the inhabitants of the several sub-districts in the township have borne nearly an equal share, in proportion to their ability, of the burdens of taxation for repairing, building, or furnishing school houses, procuring school house sites, and making other provisions for their schools, then all expenses for the above objects should be assessed on all the taxable property in the township. But if there has heretofore been great inequality among the sub-districts in this respect, then it would be proper for the board to estimate separately the cost of school houses in particular sub-districts, and to certify such portion as they may deem just and equitable, of such cost, to the county auditor, furnishing him with the names of the tax payers in such sub-districts. In such cases, the law requires the auditor to assess such portion so certified on the taxable property in the particular sub-districts, and the balance of such cost on all the taxable property of the township.

It is apprehended that, in many cases, township boards have pressed too far the exception to the rule requiring all expenses for school houses, &c., to be assessed on all the taxable property of the township. Having never witnessed the advantages of the township system of schools as carried out in other States, they do not perceive its simplicity, its design, or its utility when properly apprehended and reduced to practice. It is quite difficult for them to understand how it equalizes the educational privileges of the youth of the township, causing the strong districts to assist the weak, just as in the distribution of the moneys derived from the State levy for schools, the wealthy counties aid the new and feeble ones. A little reflection, however, must convince them that in a very few years, all that now appears unequal and oppressive in the new system will disappear, and the means of sustaining a thorough and efficient system of common schools, free to all the youth of the State, will, through the operation of the township plan, annually be placed in the township treasury with very little trouble or inconvenience to any of the inhabitants of the sub-districts.

QUESTION 54.-Is a colored person eligible to the office of local director, in the sub-district in which he resides ? and if appointed clerk in his sub-district, can he lawfully claim a seat in the township board of education?

ANSWER. In article XV., sec. 4, of the Constitution of Ohio, the following language is found, viz: "No person shall be elected or appointed to any office in this State, unless he possess the qualifications of an elector."

Section 1, article V., of the same instrument, reads as follows, to-wit: "Every white male citizen of the United States, of the age of twenty-one years, who shall have been a resident of the State one year next preceding the election, and of the county, township, or ward in which he resides, such time as may be provided by law, shall have the qualifications of an elector, and be entitled to vote at all elec

tions."

From the above provisions of the Constitution of this State, it is obvious that colored persons are not eligible to the office of local director of a sub-district. Schools for colored youth must be established, regulated and controlled by township boards of education, in accordance with the provisions contained in sec. 31 of the new school act.

QUESTION 55.-Is it lawful for a township board of education to abolish a subdistrict containing more than sixty resident scholars, by enumeration, for the purpose of annexing the territory thereof to an incorporated village containing not less than three hundred inhabitants, when a majority of the legal voters of said district are opposed to such annexation?

ANSWER.-In sec. 33 of the new school act, it is declared that "It shall be lawful for the township board of education in any township in which a city or incorporated village is situated, by and with the consent of the board of education of said city or incorporated village, to transfer, for educational purposes, the scholars of such parts of their respective townships as lie adjacent thereto, and that such transfer shall be controlled, and such school supported in the same manner and on the like principle, as in cases of like transfers for the convenience of schools, where two or more townships adjoin, as provided in this act."

In sec. 16, it is declared that "Whenever it shall happen that persons are so situated as to be better accommodated at the school of an adjoining township, it shall be the duty of the respective boards of the townships in which such persons reside, to transfer them for educational purposes."

From the above provisions of the law, it is obvious that the propriety as well as legality of annexing territory and transferring persons to cities and incorpor ated villages, for school purposes, must be determined on the principle of "the better accommodation of the persons" requesting to be transferred; and the wishes of the persons so to be transferred, constitute the best evidence of such "better accommodation."

QUESTION 56.-Some ten years since, the inhabitants of a school district, thinking it necessary that a tax should be levied for the purpose of building a new school house, by an agreement among themselves, raised the amount necessary for that purpose by subscription, procured the lease of a suitable site, and erected the house. For ten years said house was occupied for school purposes in like manner as if it had been built in the usual way, by a tax duly assessed on the taxable property of the district.

In re-districting the township according to the provisions of the new school law, said house has become unnecessary as a school house, and the township board of education have ordered the same to be sold, as authorized by sec. 11 of the school law; but the persons who subscribed for the building of said house, claim it as their individual property, and forbid the proposed sale.

To whom does said school house belong?

ANSWER. The section of the school law already referred to, declares that township boards of education are bodies politic and corporate in law, and it invests them in their corporate capacity with the title, care and custody of all school houses, school house sites, etc., with full power to control the same in such manner as they may think will best subserve the interests of the schools and the cause of education. The law also authorizes them, when, in their opinion, any school house or school house site has become unnecessary, to sell and convey the same in the name of the township board of education, and to pay the avails to the township treasurer of the proper township for the benefit of schools.

The determination of the question submitted, must be controlled by the fact whether said school house was dedicated to the district as a common school house, or whether those who subscribed for it, erected it as their individual property; retaining in themselves the title thereto as tenants in common, and only authorizing the district to use the house so long as it might be needed as a common school house.

The building of an alms house, church or school house, does not vest in the

subscribers the legal title thereto, but in the board of trustees, or other body politic and corporate, to whom the law confides the management and control of the institution, school, church or society for the accommodation of which the house was erected.

If the inhabitants of a school district voluntary erect a school house by suballscription, in preference to doing the same by tax, without reserving to themdieselves as individuals the legal title and control of the same, the case stands pre

cisely as if the house had been built by a tax. The only remedy for the subpossi scribers in case the trustees of such school, or other body politic and corporate, seek to divert the building or property from its original purposes, is by bill in chancery. But, in the case submitted, there appears to be no perversion. On the contrary, the object of re-districting the township and selling the house in question, is "the promotion of the best interests of the common schools and the cause of education."

QUESTION 57.-When a person is employed to teach school by the month, of how many days shall a month consist? On what holidays may a teacher dismiss his school? To what vacations would a teacher be entitled when employed by the year?

ANSWER. The holidays on which a teacher may dismiss his school, are such as it is customary to observe, either through the country or in particular localities; among these may be enumerated the fourth of July, Thanksgiving, Christmas, New Year, etc.

The teacher may also, unless restrained by special contract to the contrary, dismiss his school on the afternoon of each Saturday, or on every Saturday, or every alternate Saturday, according to the particular custom of the district in that respect. In the absence of an express agreement to the contrary, a school month consists of four weeks, or a calendar month, according to the particular custom of the district, city, or township. If, in a particular locality, four weeks have been regarded as a school month, and both teacher and directors are cognizant of the custom when the former is employed, and the contract between the parties does not expressly declare what shall be considered a month, the matter of time must be determined by the particular custom of the place.

The length of vacations to which the teachers are entitled when employed to teach by the year, is, like the length of a school month, determined by custom, in the absence of an express agreement between the parties.

H. H. BARNEY, Commissioner of Common Schools.

A curious historical fact.-During the troubles of the reign of Charles I, a country girl came to London in search of a place as a servant maid; but not succeeding, she hired herself to carry out beer from a warehouse, and was one of those called tub-women. The brewer observing a good looking girl in this low occupation, took her into his family as a servant, and, after a short time married her. He died while she was yet a young woman, and left her the bulk of his förtune. The business of the brewer dropped, and Mr. Hide was recommended to the young woman as a skillful lawyer to arrange her husband's affairs. Hide, who was afterward Earl of Clarendon, finding the widow's fortune considerable, married her. By this marriage there was no other issue than a daughter, who was afterwards the wife of James II, and mother of Queen Mary and Ann.

CIRCULATION OF THE JOURNAL.

The first and second columns in the following Table, exhibit the circulation of the Journal, in the several counties in Ohio, at the close of those volumes, and the third, the present circulation of the current volume. In addition to these, we have about 200 subscribers in other States, making the whole number 2,200.

Teachers' Institutes and Normal Class es.

It is important that the arrangements for Institutes should be made as early as possible, lest several counties should be disappointed in securing assistance. The time of the Agent is already engaged for the month of July, nearly the whole of August, and the whole of September.

The following are the arrangements for the summer and fall, so far as known at present:

Greene county, at Cedarville, July 10th, two weeks.
Montgomery county, at Dayton, July 24th, two weeks.
Butler county, at Hamilton, July 17th, one week.
Scientific Institute, Marlboro, July 18th, three weeks.
Warren county, at

July 17th or 24th, four weeks.

one week.

Highland county, at Hillsboro, August 7th, one week.
Hancock county, at Findlay, August 28th, one week.
Clinton county, at Wilmington, September 4th, one week.
Morgan county, at McConnelsville, September
Coshocton county, at Keene, September 18th, one week.
Pickaway county, at Circleville, September - one week.
Portage county, at Ravenna, September 25th, one week.
Richland courty, at Mansfield, October 9th, one week.

to t

Editors' Portfolio.

After an absence of three weeks, spent mostly in visiting the Normal Schools of Philadelphia, New York, Connecticut, and Upper Canada, the Resident Editor returns to his post to find one hundred letters awaiting his attention, but too late to make their contents of much service in filling this number; and he is compelled to omit much which would gladly have been inserted this month. Intelligence comes from every quarter, that a deep interest is felt in regard to the approaching meeting of our Association at Zanesville: unless something unusual should prevent, the attendance will be large.

We invite special attention to the announcement of a Scientific Institute, to be held under the charge of Mr. A. Holbrook. Having a personal acquaintance with the Instructors, we can unhesitatingly recommend it to all who wish to avail themselves of such an opportunity.

Correspondence.

Editor of Journal of Education:-During a recent visit in Trumbull county, I found the public schools of Warren getting along admirably under the superintendence of Miss Lucy Stevens, a graduate of Willoughby, and a young lady of rare qualifications.

S. D, H., Columbus.

Mr. Editor:-Will you, or some one of your correspondents, inform me what is the declination of the magnetic needle in Ohio at the present time?

Notices of Colleges, Schools, etc.

The twenty-ninth annual circular of Miami University, comprising the triennial and annual catalogues, has come to hand. The summary for the year ending in June, is as follows: Seniors 28, Juniors 23, Sophomores 34, Freshman 48; number in College Classes 133: Preparatory 45, Normal School 63, Model School 25; total 266. The whole number of Graduates is 532; of whom 175 have been Clergymen, and 158 Lawyers.

The catalogue and circular of Ohio Wesleyan University, contains the following summary for the year 1853-'54: Seniors 6, Juniors 12, Sophomores 16, Freshmen 24-College Classes 58: Preparatory 125; Biblical Course 42; Scientific Course 369 total 594.

Mount Union Seminary and Normal School, (Stark county.) The catalogue for the year ending June 23d, contains the names of 304 students, 227 gentlemen and 77 ladies. Mr. O. N. HARTSHORN, A. M., the Principal, is aided by three regular, and three assistant teachers. Of the pupils in the Normal department 127 were employed as teachers during last winter.

Ohio Wesleyan Female College.-The first annual catalogue of this Institution has the names of 159 ladies; 36 in the Classical, 66 in the Scientific, and 57 in the preparatory department. Rev. O. FAVILLE is President, and Mrs. FAVILLE, Preceptress. The course of study is full, and the instruction thorough: the grounds of the College cover seven acres, and are most delightfully situated near the town of Delaware, which is accessible by railroad, from every part of the State.