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Articles in the May Magazines.
NOTE. - This is not a hastily prepared list of articles taken from the index. The articles have all been read, and found to contain much that the teacher should know and can make useful. Many of our teachers, especially in rural districts, do not have the run of the magazines, but from this list can select such articles as treat of subjects in which they are interested, and, if they like, order the magazine from the nearest dealer. Most of them are on sale at reasonable rates, and no teacher will regret buying one, who is guided by this list. ATLANTIC MONTHLY. - School Reform. (Hugo Munsterberg.)
The Experimental Life. (C. H. Henderson.)
The Father of English Prose Style. (J. H. Gardiner.)
The Author of Lorna Doone." (R. W. Sawtell.)
John Ruskin. (William R. Longfellow.)
The United States and the Future of China. (William W. Rockhill.) NEW ENGLAND MAGAZINE. — The Founder of Arbor Day - Dr. Northrop (Ellen
The Negro Since the Civil War. (N. S. Shaler.)
A Hundred Years of Chemistry. Concluded. (F. W. Clarke.)
A Neglected American Poet-George Alfred Townsend. (Montgomery Schuyler.) THE CRITIC. - Representative American Women Illustrators: The Child-Inter
preters. (Regina Armstrong.) HARPER'S MAGAZINE. — From a Winter Note-Book. (Rudyard Kipling.)
The Art of E. A. Abbey. (Henry Strachey.)
The Problem of Asia. III. (Capt. A. T. Mahan.)
Scientific Temperance Instruction. (Hon. Henry Sabin.)
The Elective System in High Schools. (Charles C. Ramsay.)
ment. Nature-Study - Birds. (D. W. Dennis.) SCHOOL REVIEW.- Higher Ideals in Secondary Education. (Frederick Whitton.
Literary Study and Character Formation. (Edwin L. Miller.)
A Smaller History of Rome, by William Smith, D.C.L., LL.D., has been thoroughly revised by A. H. Z. Greenidge, M.A. Valuable additions have been made, including the results of recent historical investigations. All the maps, and a larger portion of the illustrations, have been especially prepared for this volume. Cloth, izmo, 371 pages, with colored map, plans, and illustrations. Price $1.00. American Book Company, New York, Cincinnati, and Chicago.
STATE BOARD OF EDUCATION. H. T. GAGE..
... Governor, Sacramento
President of the Board. Thos. J. KIRK...
.Superintendent Public Instruction, Sacramento
Secretary of the Board. BENJAMIN IDE WHEELER..
President University of California, Berkeley ELIER E. BROWN...
..... University of California, Berkeley Professor of the Theory and Practice of Education. Jas. MacNAUGHTON.
... President State Normal School, San Jose E. T. PIERCE..
President State Normal School, Los Angeles C.C. VAN LIEW.
... President State Normal School, Chico SAN'L T. BLACK
.President State Normal School, San Diego FREDERIC BURK.
President State Normal School, San Francisco
The biennial convention of the City and County Superintendents will be held at San Jose, August 28th, at 10:30 a.m.
Surplus After an Eight Months' Term. The wording of section 1621 of the Political Code does not seem clearly to express the intended meaning, but I interpret that portion of it up to the proviso to indicate a sort of premium or reward to districts that have their financial affairs managed so as to have a balance left after an eight months' school has been maintained. This reward is that such balance may be expended for any legitimate school purpose, outstanding claims having preference. I am of the opinion that such balance or surplus of county funds may be expended for books, apparatus, repairs, or improvements as in the judgment of the board may be deemed needful, provided that such books and apparatus have been adopted by the county board of education.
Regarding Census Marshals. There is no provision in the law for filling the vacancy in case of resignation or death of a census marshal.
The trustees are required to have the census taken, and are under penalty, as provided in section 1624 of the Political Code for failure to appoint a census marshal at the proper time. The county superintendent is authorized to appoint a census marshal only in case of an incorrect census report being made to him.
It would therefore seem, in the absence of any law bearing directly on the question of resignation or death of census marshal before the school census bas been taken, that the board of trustees may legally appoint to fill such vacancy under the general provision of section 1611 of the Political Code, which stipulates that every school district shall be under the control of a board of school trustees.
A Teacher's Right to Sell Books, Etc. My opinion is that section 1870 applies to a teacher only while he is teaching or under contract to teach.
When the term and contract by which the teacher was employed has expired, such teacher, in my judgment, is to be considered free from all restraint of the law relating to teachers, and has the right to engage in any business, the same as any other citizen.
No Renewal of State Educational Diplomas. The law does not authorize the state board of education to renew state educational diplomas, nor is it the custom to grant such a document to a teacher the second time.
Location or Change of Location of a Schoolhouse Site.
The location or change of location of a schoolhouse site is determined by a vote of the electors of a school district. A majority vote is sufficient to locate in the first place; two thirds of all votes cast are necessary to change a location. (See subdivision 19 of section 1617.) The terms "voter" and "qualified elector” are synonymous. Section 1083 of the Political Code defines a voter. Section 1600 of the same code prescribes the oath to be administered in case of a challenge. The amended law of 1899 relating to registration requires electors or voters to be registered forty days prior to the day of election.
Primary and Grammar Grade Schools. The grading of schools or school districts into primary and grammar grade schools is a matter entirely within the discretion of the county superintendent. It is unfortunate that there is no uniform rule thruout the state to govern superintentents in the discharge of this duty. The only stipulation is that the superintendent must grade the schools of his county in the month of July of each year and make a record thereof in a book to be kept for that purpose. The chief object in so grading the districts or schools is to determine what certificated grade of teacher is eligible to teach any par'ticular school.
Life and Educational Diplomas. It has been settled by competent authority that all California life diplomas issued prior to January 1, 1880, rank as high school life certificates. State life and educational diplomas issued since January 1, 1880, excepting those granted upon high school certificates and designated as high school life and educational diplomas, are to be considered diplomas or certificates of the grammar grade.
Experience in Evening Schools. There can be no real distinction between the character of experience in teaching in public day schools and public night schools. But teaching experience in months as required for life and educational diplomas is justly and properly construed to mean a number of months of twenty days each, and a day's teaching may reasonably be construed to mean a period of not less than four hours. Teaching for an evening in a night school is by common practice meant to be a period of not more than two hours.
Therefore, in fairness, a month's experience in night or evening schools should count for but half a month of experience in day schools.
Authority of School Principal. Regarding the question of authority of the principal of a school over assistant teachers, the State Board of Education, which, by the authority conferred upon it by section 1521 of the Political Code, has power to adopt rules and regulations not inconsistent with the laws of the state for the government of the public schools, adopted, on May 13, 1899, the following rule, to wit :
“In schools of more than one teacher, the board of school trustees or city board of education must designate one of the teachers as principal, who shall have general supervision of the entire school; provided, that nothing in this rule shall be construed to prevent boards of trustees and boards of education from selecting a principal to supervise the work of two or more schools in one district.”
This implies that assistant teachers shall be governed by the directions of the principal.
THOS. J. KIRK, Superintendent of Public Instruction.
Supreme Court Decision in Reference to Certification. TEACHERS' CERTIFICATES — ISSUANCE WITHOUT EXAMINATION - DISCRETION OF
BOARD-SECTION 1775, POLITICAL CODE. -Section 1775 of the Political Code, providing for the issuance, by boards of education, of teachers' certificates of high school grade to holders of California State University diplomas, when recommended by the faculty of the university, is not mandatory upon the board, requiring it to issue such a certificate upon the mere presentation of the diploma with the proper recommendation. The matter is discretionary with the board.
Appeal from Superior Court of Tulare County.
Filed April 30, 1900.
IN BANK. ALYS L. KEMBLE,
Plaintiff and Respondent,
Sacramento, No. 508.
Defendants and Appellants. This is an appeal from the judgment in an action brought in the Superior Court of Tulare County, by respondent, to obtain a writ of mandate against the appellants, composing the board of education of said county, to compel them, as such board, to issue to respondent a teacher's certificate of the high school grade. The basis of her application is found in section 1775 of the Political
Code of this state, which in part reads as follows: “The board may also, without examination, grant county certificates of either the grammar or the primary grade to the holders of life diplomas of other states; Nevada, Oregon, and Wash. ington state educational diplomas; San Francisco normal class diplomas, when recommended by the superintendent of public schools of said city; California State University diplomas, when recommended by the faculty of the university; state normal diplomas of other states; grammar grade certificates of any county or city and county of California; and county certificates of the high school grade to holders of California State University diplomas, when recommended by the faculty of the university.”
The respondent is the holder of a California State University diploma, and recommended by the faculty of the university, and it is contended by her that the word "may," in the aforesaid provision of law, should be construed as “must," and for that reason the provision is mandatory; and, upon application being made to a county board of education by the holder of any diploma or certificate mentioned therein, it becomes the duty of such board to issue a certificate to the applicant. In other words, it is contended that the county board of education has no discretion in the matter of issuing certificates in any of the cases mentioned in that portion of section 1775 above quoted.
In speaking as to the question of construction of the word "may," when used in a statute, it is said, in the American and English Encyclopedia of Law, volume 14, page 979: “It has always been construed 'must' or 'shall' whenever it can be seen that the legislative intent was to impose a duty, and not simply a privilege or discretionary power, and where the public is interested, and the public or third persons have a claim de jure to have the power exercised. But it is only where it is necessary to give effect to the clear policy and intent of the legislature that it can be construed in a mandatory sense, and, where there is nothing in the connection of the language or in the sense and policy of the provision to require an unusual interpretation, its use is merely permissive and discretionary.”
Tested by the foregoing rule, we see nothing whatever in this act to demand any unusual interpretation of the word. We do not see that it is at all necessary, in order to give effect to the clear policy and intention of the legislature in enacting this statute, that it should be construed in a mandatory sense. We cannot see that the legislative intent was to impose a duty upon the board of education of granting certificates under the aforesaid circumstances, but it is rather made quite plain that it was the intention of the legislature to extend to the board a privilege or discretionary power as to the issuance of this class of certificates. Neither do we see that the public is interested, or has any claim in the matter, or that third persons have a claim de jure to demand an exercise of the power.
Words similar to that here under consideration, when used in a statute, should be given their usual and ordinary meaning, unless in exceptional cases. Ordinarily, there is a great difference in the meaning of the words "may" and “must," and this statute will have effect, and a broad effect, by giving this word "may" its ordinary and common meaning. As said in Robinson vs. Southern Pacific Co., 105 Cal. 545, "We see nothing here demanding the construction claimed. It is not plainly manifest that the legislature so intended. It is not manifest at all. The clause is full of meaning, reading it as it appears to the eye, and is entirely consistent with other portions of the section. If we should interpret "and' as 'or,' an entirely different meaning would be given the provision. This would be judicial legislation, pure and simple."
Among other matters, section 1771 of the Political Code, referring to the powers of county boards of education, declares, in subdivision 3: “To examine applicants and to prescribe a standard of proficiency which will entitle the person examined to a certificate, and to grant certificates of three grades," etc.