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Superintendent's Department

OPINIONS, &C., FROM THE OFFICE OF THE STATE SUPERINTENDENT. (Continued from the November Number.)

POWERS AND DUTIES OF OFFICERS,

Q. If a district neglects to hold its annual meeting, and all the offices become vacant from removal, resignation, or other causes, does the district, by such neglect, become disorganized?

A. A district never loses its organization beyond recovery, except by the action of the Town Superintendent. In such a case as above supposed, it is the duty of the Town Superintendent to call a special meeting for the election of officers, In case such a meeting is held, personal notice must be served upon every qualified voter in such district. (See Sections 2, 3, 13, and comments thereon, in School Code, 1859.)

Q. In case the Town Treasurer ignorantly paid all the money he had collected into the County Treasury, and the County Treasurer refuses to pay anything but county orders, what remedy has the district?

A. The Town Superintendent has no legal authority to receive anything but money for school taxes, and he is not obliged to receive county orders from the County Treasurer; but, although it is very questionable whether the County Treasurer could refuse to refund moneys illegally paid him, it would in most cases be advisable for the districts to take county orders, and suffer a little loss, than to become involved in a lawsuit, where they will certainly be put to considerable expense. The legal remedy is against the Town Treasurer.

Q. Can the apportionment of any year be used in payment of teachers any previous year?

A. Certainly. The law only requires that the public moneys be paid to quali fied teachers, and does not specify in what year, or for what year the service was rendered, or the payment made. It would be more creditable to districts, certainly, to pay first the claims of longest standing.

Q. In case the Clerk is absent for more than ten days, succeeding the election what course should the Treasurer take to have his bond approved and filed?

A. The bond should be perfected and approved by the Director, and left at the house of the Clerk, with a memorandum of the date made upon it by some member of the family of the Clerk, and when the Clerk returns he should file it at that

date. Every one who has had a deed recorded 'will remember that this is the course almost universally followed.

Q. Can a Town Superintendent annex territory from his town to a joint district without the co-operation of the other Superintendents interested?

A. He cannot, as the addition of territory is equally an alteration with taking away territory. Whenever the boundaries of a joint district are in any manner changed, it must be by the joint action of the Superintendents of all the towns which in part compose the district.

Q. What remedy has the town if the Town Superintendent refuses to visit the schools under his charge?

A. The law makes it the duty of the Town Superintendent to visit all the schools in his town at least once during his term of office. The bond of this officer is conditioned upon the faithful discharge of all the duties of his office, of which duties this is one, and by no means an unimportant one, and a failure or a refusal to attend to this duty would probably render him liable to an action on his bond. (See Sections 44, 60, 61, and page 103, School Code, 1859)

Q. What constitutes a quorum to do business at the annual district meeting? A. The law fixes no number which shall constitute a quorum. Therefore two persons may meet and legally transact the business of the annual meeting. But in all cases it would be advisable to adjourn the meeting to a time when more will probably meet.

Q. If the Director and Clerk receive the Treasurer's bond, and make no objection to approving it, can they, after the ten days allowed by law have expired, reject it?

A. They can not. They must refuse to file it at once, or return it in time for the Treasurer to execute and file a new one within the time allowed by law. Any such reception of the bond will be held tantamount to approval, and the officers will be required to approve it at the date of reception.

Q. In making his financial report required by law, how shall the Clerk obtain the necessary figures, as the Treasurer does not make his report until nearly a month afterwards?

A. He should be guided by the Treasurer's books, and not by the former annual report.

Q. In case a Treasurer refuses to make an annual report, what remedy has the district?

A. The Treasurer renders himself liable to a fine of ten dollars for any such neglect or refusal, which fine may be recovered before a justice of the peace. (See Section 88, School Code, 1859.)

Q. If the Director and Treasurer hire a teacher, is the contract binding upon the district.

A. In no case. The only contract that can bind the district is one signed by the Clerk in behalf of the district, and countersigned by the Director or Treasurer. All contracts not thus signed are void.

APPORTIONMENT, ETC.

Q. In case of the division of a district, as contemplated in section 54, School Law, after the annual report is made, and before the apportionment is made, what shall fix the date of the apportionment?

A. The date of the certificate to the State Treasurer by the State Superintendent, as on that day the money will be subject to draft. It is perfectly plain that it cannot be the date of the reception of the money by the Town Superintendent, as this would, in effect, fix no certain date whatever, but leave all to chance. The date of the certificate of the State Superintendent in 1859 was March 23d, and districts formed from organized districts subsequent to that date will not be entitled to any share of the apportionment made in 1859.

S. H. CARPENTER, Assistant State Superintendent.

Editorial Miscellany.

A Large part of the present number is devoted to an account of the series of Teachers' Institutes, set on foot by the Board of Normal Regents, and held under the general direction of Dr. Barnard, their Agent, assisted by other competent gentlemen. We have no space for extended comments or remarks upon them, and can only state that they have been largely attended, have been marked by an increase of interest from the opening to the closing of each one, and have done an amount of good in arousing the public, in presenting new and better modes of teaching, in inspiring teachers with new zeal and determination to succeed in their work, that could have been accomplished in no other manner; and our readers will be glad to learn, by the proceedings of the Board of Normal Regents, published in another place, that the work is to be continued next year on a wider basis, so as to reach all parts of the State. We trust that something will be done the coming session of the Legislature to place more funds at the disposal of the Board, as we believe that it will not only be wisely and judiciously expended, but that the same amount of good can be done in no other way.

WE give this month the conclusion of Mr. Pickett's series of articles on "The Honor of Our Calling," etc., and commend them as abounding in important truths and valuable suggestions bearing upon the great work of Education. In this connection we also wish to recommend Dwight's "Higher Christian Education," (noticed in its proper place) as the ablest work with which we are acquainted, treating of a true education in its broadest sense, and developed from the idea of a Supreme Being, and our relations to Him.

WASHINGTON IRVING -We have only space enough to record the death of this gifted author, which took place at his residence on the Hudson, the 28th ult., in the 77th year of his age. One of the most genial and gifted of American writers, in a ripe old age he is taken from the scenes which he described and loved so well, to a brighter and better world.

THE following statistics which we are permitted to copy from Mr. Draper's forthcoming annual report will give some idea of the magnitude of our educational interests, and of the extent of the supply provided for our educational wants: number of School Districts in the State, 3538; average number of months schools have been taught, 5 Total number of children over 4 and under 20 years of age, 278,871; average amount of wages per month paid to male teachers, $22.93; average per month paid female teachers, $14.29; amount of money paid for teachers wages, $536,860.66; amount of money expended for other purposes, $147,175.54; amount of money raised by tax and expended on school houses, $144,328.79; amount of money raised by tax and expended for other purposes, $80,220.50; total value of school houses, $1,176,191.73; highest valuation of any school houses, $20,000; lowest, $.25; No. Select and Private Schools other than incorporated Academies, 210; average number of pupils attending such schools during the year, 7772.

BELOIT COLLEGE.-We have received the annual catalogue for 1859-60, from which we learn that there havo been in attendance upon the different classes of the institution for the year past, Seniors, 8; Juniors, 8; Sophomores, 21; Freshmen, 23; Preparatory Students, 97; total 157. Of these 69 have been in the Normal Class, which is in a flourishing condition. The winter vacation commences the 21st inst.; the winter term January 4, 1860; spring term April 19th; commencement July 12.

THE LADIES' HOME MAGAZINE for December is a capital number, and brings the year to a fitting close. We recommend the magazine as the best with which we are acquainted for family reading. It is edited by T. S. Arthur and Miss Virginia Townsend, both writers of established reputation, and, besides the literary department, comprising tales, sketches, etc., has a mothers' department, a health department, a children's department, a work department, a fashion department, etc., etc., and is beautifully illustrated with engravings, fashion plates, etc. Single copies $200 a year; $1 25 to clubs of eight and upwards. We will furnish it to our subscribers with the Journal for $1 25.

WISCONSIN FARMER.-The twelfth volume of this valuable magazine commences with January next, and it is to be published semi-monthly hereafter. Its general character and policy will remain unchanged, and we commend it to all our readers as a good family Journal furnishing reliable information in all departments of the industrial arts, to which it is devoted. Terms-Single copy 1 year $1; seven copies, $6; ten copies, $8; fifteen copies, $12; twenty copies, $15; and a copy gratis to the one getting up the club. Clubs may be sent to one or more offices. We will furnish the Farmer and the Journal for $1 75 a year.

THE ATLANTIC MONTHLY for December is received, and well sustains its previous reputation. Mrs. Stowe's "Minister's Wooing," is finished-and finished just as it ought to be. The Professor has also completed the "Story of Iris," and ends his witty, pointed, and truly original series of articles for the year with one of his touching devotional lyrics, which is worthy of a place in every collection of psalmody in the land. The Atlantic has passed under the control of Messrs. Ticknor & Fields, who give assurances (which they will realize) that the Monthly will not lose in interest and value under their management. Its character is now so well established as the best magazine published in this country, that encomiums from us are not needed. All who have had it the past year will, of course, subscribe for the next, and we trust that many others who have not heretofore supplied themselves with this fruitful source of entertainment and instruction, will commence with the January number, which begins a New Volume. Terms-Single copies $3 a year, the postage prepaid by the publishers. Clubs of five will be supplied for $10. Clergymen, Teachers, and Postmasters will receive it for $2 a year. We will furnish it to our subscribers for $2 a year.

MOORE'S RURAL NEWYORKER.-This sterling agricultural and family paper is so well known as to need no commendations from us. It is one of the best exchanges we receive, and its weekly visits are as welcome to the children as they are to us. It is published every Saturday by D. D. T. Moore, Rochester, N. Y.; office, Union Building, opposite the Court-House, Buffalo St. Terms, in advance-Two dollars a year, $1 for six months. To Clubs and Agents as follows:-3 copies one year $5; 6 and one free to club agent, $10; 10 and one free, $15; 15 and one free, $21; 20 and one free, $35, with an extra free copy for every Ten Subscribers over twenty. Club papers sent to different post-offices if desired.

THE GREAT REPUBLIC MONTHLY.-This magazine improves with every number in variety and style of matter, and is really a valuable monthly. The November number contains twenty-one separate articles, besides the Editorial and Fashion departments, and the publishers promise additional attractions for 1860. Terms1 copy per year, $3; clubs of 3 or more $2 each. Any person sending a club of five will receive his choice of the following magnificent steel engravings: The Last Supper, size of plate 25x40 inches; The City of the Great King, 25x39 inches; The Palace of Westminster, 25x39; Sir Walter Scott's Monument, 25x34; We praise thee, O Lord, 21x25 inches; Robert Burns, 21x25 inches. Any one sending a club of ten subscribers will receive his choice of any two of the above engravings. Any one sending a club of twenty will receive all of the engravings. Address Oaksmith & Co., 112 and 114 William St., New York.

THE PRAIRIE FARMER.-Emery's Journal of Agriculture, which now takes the name and place of the old Prairie Farmer, has always been a favorite with us, perhaps because it is a Western production, and any of our readers who wish a weekly visitor of this kind, after subscribing for our own แ Farmer," will do well to send for the Prairie Farmer. Terms for 1860-1 copy one year, $2; 3 copies $5; 6 copies and one to agent. $9. To each one of fifty persons sending the first

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