« PreviousContinue »
A. No person has a right to vote at school-district meeting who has not a right to vote at a general election, for state and county officers. (Sec. 8, School Code.) This right is not conferred upon females in Wisconsin.
Q. If a board contracts with a person to teach who does not hold a certificate, can he collect wages under the contract?
A. Certainly not; the contract is an illegal one. The clerk is liable to a penalty if he draws an order for the payment of the wages. (See section 136, School Code.)
Q. Can a board contract with a teacher to teach five months, when his his certificate will expire in three months?
A. It is legal to make the contract. The presumption is that the teacher is to continue to be a qualified teacher. It is his business to obtain a renewal of his certificate. If he does not, he ceases to be a “ qualified teacher,” and the contract fails.
Q. Is it lawful for a board to contract with a teacher to teach every other Saturday?
A. It is lawful, if thought desirable.
Q. If a district board make a verbal agreement with a qualified teacher to teach the school for a certain sum per month, but afterwards contract with another qualified teacher for lower wages, assigning this as the only reason for so doing, would the first be entitled to damages, being unable to procure a school, all schools being engaged, and would it be legal for the board to give damages?
A. The disappointed teacher might have a claim for damages against the board, personally, for not keeping their promise, but the board would not be authorized to pay him damages out of district funds.
Q. Can the director and treasurer hire the clerk to teach the school if the clerk is not obliged to hire, since April 4, 1872?
A. There is a manifest impropriety in this. It will be thought he has an opportunity to make a more favorable bargain than other persons; and he should not draw an order to pay himself. If he wishes to teach, let him resign, as clerk, and thus cut off all cavil.
Q. Can a district clerk hire the director or treasurer lawfully to teach the school?
A. The clerk does not now hire the teacher, but the board; and it must be considered improper for two members of the board to hire the other member to teach. (See a previous question and answer.)
Q. Does the School Code state how old a person must be before a certificate can be granted, or is there any established custom?
A. There is no law or established custom as to this matter. The county superintendent must judge, in any given case, whether the can
didate is too young and immature to receive a certificate, and the board must judge whether a teacher is too young to teach their school.
Q. If the director refuses to sign a contract with a teacher, and the clerk and treasurer hire, can the director be obliged to sign the order for the payment of the teacher at the end of the school term, or should the money.be paid without his signature upon the order?
A. The director must sign an order before it is legally payable by the treasurer, and if legally drawn it is his duty to sign it. If he refuses he may be compelled by mandamus, or removed from office for neglect of duty.
Q. When the board has agreed with mechanics to repair the school house, and they present bills which are accepted by the clerk and treasurer, what should be done if the director refuses to sign their orders ?
A. This is sufficiently answered above. But it would be best to have the accounts allowed, at a district meeting, before any action is taken against a director.
Q. When a county superintendent is required to hear charges against a teacher, can he administer oaths to witnesses?
A. The law does not, in terms, authorize him to do so, (as perhaps it should have done), and the safe way would be to call in a justice of the peace, notary public, or other officer, who it so authorized.
Q. Are school-children competent witnesses to sustain or disprove charges against a teacher?
A. Yes, if they understand the nature and obligations of an oath. This will be ascertained by suitable interrogatories.
Q. Can a superintendent legally refuse a private examination to a person who is detained from the public examination, as a witness in court?
A. Section 94 must be interpreted to mean, not only that the superintendent has power to grant private examinations, but that it is his duty to do so, when there is just cause, as in the case mentioned. Of course he is to use his discretion as to the time, so that other and more important duties may not be neglected or put oneside.
Q. Can a superintendent legally refuse to examine a candidate for a first grade certificate on the ground that he has no questions prepared?
A. No; it is a part of his business to be prepared with questions?
NONE but a fool is always right.-Tare.
A CHEERFUL FACE is nearly as good for an invalid as healthy weather.--Franklin.
Query and Serap Box.
We have enlarged the title and capacity of the “ Box,” to admit Scraps-of good things
ANSWERS TO QUESTIONS-OLD SERIES. 87. Will some one give the names and terms of office of the several Chief Justices of Wisconsin?
[The following appears to answer this in part:]
“ Old and Nero History of Wisconsin.”—On the Supreme Bench the name of Chief Justice Stowe will long linger in the minds of the early settlers, with that of his associates Hubbell, Whiton, Larrabee, Howe and Jackson, of the Court as first organized. Then come the well remembered faces of Judges A. D. Smith and Sam. Crawford; the silver hair of Whiton, whose great and comprehensive mind threw a lustre upon the profession; and with him, judge Cole, one of the ablest and finest of men; then our present most able and talented Chief Justice, Dixon, with his lamented associate Paine; and the scene closes upon Lyon, the most recent, as he is one of the promising men as yet elected to execute a grea; trust.Mrs. S. C. SIRRINE, Plainfield.
94. What is the best evidence we have that the city of Rome was founded 753 years before the Christian era? We learn from Roman tradition that the city of Rome was founded nearly 753
Christian era, the date according to Varro being B. C. 752. We are also told that there was a total eclipse of the sun on the day the city was commenced; and it has been found by astronomical calculation that there was an eclipse of the sun visible at Rome, July 5th, B. C. 754, which agrees nearly with the date of the founding of Rome given by Varro. It is therefore very probable that the city was founded 753 years before the Christian era.-L. CAMPBELL.
ANSWERS TO QUESTIONS-NEW SERIES. 1.- In the sentence, “It is wrong to do 80,” how are the indicated words to be parsed?
Wrong is in the predicate ; to do so is an infinitive phrase, logically the subject of the sentence, but gramatically in apposition with the pronoun it, which takes its place as the subject. Read the sentence—" To do so is wrong," and there is no trouble in analyzing it.-A. O. WRIGHT, New Lisbon.
Another Answer.-As my brother (H. Neill) and I differ as to the disposition of some of the words in this and other sentences, I will beg leave to give reasons for my own conclusion under each number. Certainly wrong is sometimes an adjective ; can it be more clearly a descriptive word in any case than here? It is wrong —“It is the wrong way,” in which, way, and it, are in apposition.-B. R. A.
2.-In the sentence, " The ipers loud and louder blew; the dancers quick and quicker flew,” are loud and quick different parts of speech? The sentence is in Kerl’s Grammar, page 261, 4th exercise, and is so noted as to imply that the author considers the words as different parts of speech.
Loud and quick are either both adverbs, or adjectives used adverbially, as you choose to say.-A. O. W.
3.-Parse the indicated words: It is forty feet high. He is aged twenty years. It is well worth the money.
The substantives feet, years and money have an adverbial relation. They should be regarded as in the objective case, without a governing word; and every grammarian who knows anything abount the science of language and the genius of the English language (which is unfortunately not the case with the authors of most of our school grammars), gives a rule of syntax to cover such cases.-Ib.
Another Answer.-I quote firstly from Harvey's Grammar, page 32: “Noulis of measure, quantity, time, distance, value or direction, are in the objective case without a governing word, as: “The lake is ten miles long.' "The child is six months old.' • He is worth a hundred thousand dollars '" The rule is familiar to the Latin scholar. On page 220 he gives the sentence: He is worth a million," in which he says “worth ” is an adjective. I think it was probably an oversight in Mr. Neill to call “high "a noun. The same rule (as above) will be found in Quackenbos' grammar at page 59; and also the following example: “It was an inch wide, weighed an ounce, and cost me a shilling.” The same rule, with similar examples, will be found in Kerl, Green, Bullion and Pinneo. I know of no authority to the contrary. Will Mr. Neill mention some authority?-B. R. A.
6.-Where and when was the first session of the territorial legislature of the State of Wisconsin held?
There never was a territorial legislature of the State of Wisconsin. But the first session of the Legislative Assembly of the Territory of Wisconsin was held at Belmont, in what is now Lafayette county, beginning October 25, 1836. —0.A.W.
7.-What are the corporate names of the several universities and colleges in the State of Wisconsin, and where located and when founded?
The following are the only institutions worthy of the name of college in Wisconsin:
(1.) The UNIVERSITY OF WISCONSIN, located at Madison, founded in 1848. This is the only real University in the State, for in addition to the usual classical course it has a Law School, a Scientific School, an Agricultural School, a Post Graduate Course and a Female College, all on paper, and most of them in actual operation. It is open to both sexes in every department, except the Female College, which jealously excludes young men. (2.) BELOIT COLLEGE, located at Beloit, founded in 1847, controlled by the Congregationalists, admits only young men; is content with the simple classical course and the simple name of college, and does well what it attempts to do. (3.) LAWRENCE UNIVERSITY, located at Appleton, founded in 1847, controlled by the Methodists, open to both sexes, and has a classical, a scientific and a commercial course of study. (4.) RACINE COLLEGE, located at Racine, founded in 1821, controlled by the Episcopalians; with a high classical course, open to young men only. (5.) RIPON COLLEGE, located at Ripon, reorganized in 1863; controlled now by the Congregationalists, and open to both sexeu. (6.) MILTON COLLEGE, located at Milton; founded as an Academy in 1844; organized as a college in 1867; controlled by the Seventh-Day Baptists, and open to both sexes.
The following institutions also liold college charters from the State:
(1.) CARROLL COLLEGE, located at Waukesha, founded in 1866; controlled by the Presbyterians. (2.) MILWAUKEE FEMALE COLLEGE, located at Milwaukee, founded in 1848; is doing good work as a Female Seminary. (3.) WAYLAND UNIVERSITY, located at Beaver Dam, founded in 1855; controlled by the Baptists, and pen to both sexes. It is now conducted as a sort of preparatory school for
. University of Chicago. (4.) WISCONSIN FEMALE COLLEGE, located at Fox
Lake, founded in 1855, reorganized in 1863 and now controlled by the congregationalists. (5.) GALHSVILLE UNIAERSITY, located at Galesville, Trempealeau county, founded in 1859, controlled by the Methodists, and open to both sexes. (6.) PRAIRIE DU CHIEN COLLEGE located at Prairie du Chien, founded in 1865.-16.
[This last institution was controlled at first by the Congregationalists, bet has passed, as we understand, into the hands of the Roman Catholics, un er the name of St. John's College.]
712.-What are the names of the persons that figured conspicuously in the War of the Revolution?
Gen. George Washington, Col. Ethan Allen, Benedict Arnold, Gen. Putnam, Young Trumbull, Gen. Gates, Gen. Green, Lieut. Col. Barton, Gen. St. Clair, Gen. Stark, Gen. Schuyler, Baron Frederck William Steuben, Marquis De La Fayette, Gen. Montgomery, Gen. Sullivan, Commodore Hopkins, Gen. Mercer, Col. Spencer, Wooster, Sullivan, Col. Meigs, Lord Sterling, Gen. Woodford, Gen. Greene, Col. Mathews, Gen. Grant, Gen. Nash, Major Witherspoon, Lieut. Col. Smith, Commodore Hazlewood, Gen. Herkimer, Lieut. Col. Willet, Lieut. Stockwell, John Langdon, Gen. Lee, Col. Bonner, Major Dickinson, Count D’Estaing, Lieut. Col. Campbell, Capt. James Willing, Major Talbot, Gen. Wayne, Lieut. Col. Fleury, Major Stewart, Count Pulaski and Gen. Kosciusko.—Mrs. S.C. S.
9.—“Whatever is, is right.” “To be, or not to be, that is the question.” Analysis desired.
In the sentence “Whatever is, is right,” whatever is a compound relative pronoun. The relative part with the verb is forms a subordinate sentence, which modifies the antecedent part, which is itself the subject of the predicate is right. The sentence is equivalent to the sentence, “ Everything which exists, is right.” In the sentence, “ To be or not to be—that is the question ?” to be or not to be is a compound infinitive phrase, in apposition with that, which is itself the subject of the sentence.-A. O. W.
Another Ansider.-I can not quite understand Mr. Neill's disposition of this sen. tence. I think it can not be doubted that “to be," and “or not to be pendent infinitive elements; "that” the subject, and “ question” in apposition with that.-B. R. A.
10.-(See April No. of the JOURNAL,) [The answer to this question in the May No. should have been credited to B.R.A. The reader will notice an article on the subject in this number.]
The Constitutional question asked by A. S., of Broadhead, is one on which lawyers hesitate to express an opinion. It has never been decided by the Supreme Court of the United States, and the decisions of state courts are few and conflicting on this point. The Supreme Court of Vermont has decided that Article V. of the Amendments to the U.S. Constitution applies only to cases tried in the U.S. Courts. If this decision were to be sustained by the U.S. Supreme Court, it would answer the question of A. S. satisfactorily, and make our abolition of the Grand Jury system not only a convenience, as it is, but also constitutional. But the weight of state decisions seem to incline to the view that the first eight amendments to the U. S. Constitution are a Bill of Rights for the people of the United States, to protect them not only against usurpations of power by the general gov. ernment, but also against similar usurpations by the several state governments. If that is the case, then our abolition of the Grand Jury system is unconstitutional, so far as it applies to state prison offenses, but is good for all lesser crimes and