Trustees may contract with a teacher to pay him any stipulated sum for wages; but a tax, or rate bill, cannot be levied for his board separately, as contradistinguished from the remainder of his wages. He must provide for his own board, or it must be paid for by the voluntary contributions of the inhabitants.

Per Dix, December 15, 1838.

A pupil should not be dismissed from school, except for a degree of moral depravity, which would render his association dangerous to other scholars, or for violent insubordination which would render it impracticable to maintain discipline and order.

Per Dix, January 19, 1839.

A school district cannot by vote authorize trustees to borrow money on its credit. If the trustees advance money to purchase a library, they may repay themselves out of money voted by tax for that purpose, or received from the state, but they cannot charge interest.

A tax for contingent expenses is erroneous; but the district may vote to raise a specified sum, to be expended in the purchase of enumerated articles.

Per Spencer, March 29, 1839.

A two story school-house may be built upon land leased, with the agreement that the rent, or consideration of the grant, shall be the use by the lessor, of the upper story out of school hours.

The consistory of the Reformed Dutch Church, in the town of Greenbush, granted to District No. 2, of said town, a lot of land for a schoolhouse site, so long as the same should be used for that purpose, reserving an annual rent. Subsequent to the execution of the lease, an agreement was entered into between the trustees and the consistory, that the school-house should be built with two stories, and that when the upper story was not wanted for school purposes, the consistory might use it, and such use, while permitted, should be in full payment for the rent. With full knowledge of this agreement, the district, 33 to 7, voted to raise a tax of $400, to procure the site and erect a school-house. Held, that the use of the upper story, by the consistory, was a fair equivalent for the rent, and that the agreement was not improper or illegal.

Per Spencer, April 23, 1839.

of

The public money must be applied to the payment of the wages qualified teachers, and for no other purposes. Debts due the district, or bought by the trustees, cannot be offset against the wages. Nothing but payment to, or on the order of, the teacher is a compliance with the law.

Per Spencer, April 23, 1839.

In the absence of any legal provision on the subject, the district may fix the date of their annual meeting, three, six, or nine months, or any

time within the ensuing year. The district officers, however, should not be elected until the time is fixed, in order to prevent any dispute as to their term of office.

Per Spencer, May 6, 1839.

School may be opened with prayers, provided that it be done before school hours, and that there be no compulsion to enforce attendance.

In an appeal to the superintendent, certain inhabitants of District No. 15, Barre, complained that the teacher, with the permission of the trustees, "made prayer part of school discipline." The trustees replied that they had permitted the teacher to have prayers, on condition that they should be had previous to school hours, and they alleged that he did not occupy school hours. The superintendent dismissed the appeal, with the following remarks:

"In this conduct of the trustees, the superintendent can perceive no cause of complaint. Both parties have rights; the one to bring up their children in the practice of publicly thanking their Creator for his protection, and invoking his blessing, the other, of declining in behalf of their children, the religious services of any person in whose creedi they may not concur, or for other reasons satisfactory to themselves. These rights are reciprocal, and should be protected equally; and neither should interfere with the other. Those who desire that their children should engage in public prayer, have no right to compel other children to unite in the exercise, against the wishes of their parents. Nor have those who object to the time, place or manner of praying, or to the person who conducts the exercises, a right to deprive the other class of the opportunity of habituating their children to what they conceive an imperious duty. Neither the common school system, nor any other social system, can be maintained, unless the conscientious views of all are equally respected. The simple rule, so to exercise your own rights, as not to infringe on those of others, will preserve equal justice among all, promote harmony, and insure success to our schools. In the present case, the superintendent thinks the trustees had lawful right to permit the teacher to commence the business of the day by public prayer, with the children of such parents as desired it; and they were also right in directing that such exercises should not take place during school hours, nor form a part of school discipline."

Another branch of this first question is, whether the teacher has a right to compel the children to kneel, during prayer, or to dispense with their ordinary business.

The answer already given proceeds upon the principle that prayer is no part of the business of a common school, but that parents may place their children under the superintendence and government of a teacher for that purpose. Of course his jurisdiction would extend to that only. But others have no right to disturb the performance of what is considered a sacred duty. As the one class is required to abstain from all attempts to compel the children of the other class to engage in an exercise which the latter disapprove, so the latter should abstain from

interrupting such exercise, and should instruct their children, accordingly, not to enter the school room, until the usual hour of commencing school, and not to disturb those within by any noise, or other conduct calculated to annoy them. And the teacher should allow the children of all parents, who do not desire them to engage in prayer, to withdraw from the room, or to absent themselves from it. But if they come into the room before the usual school hours, and choose to remain there during prayer, they must preserve the order and decorum befitting such an occasion.

Per Spencer, May 13, 1839.

District officers cease to be such, when set off from an old district to a new one.

If a new district (15) was erected out of No. 2, and No. 2 was not declared a new district, it is in law the same district, although its terri tory may be diminished; and the trustees and officers in office at the time of the division, and residing in No. 2, will continue such during the year for which they were elected. But such of them as reside in District No. 15, and do not change their residence to No. 2, cease to be officers of No. 2, by virtue of the provision of the statute, which declares in reference to a local officer, that a vacancy is created by an incumbent ceasing to be an inhabitant of the district for which he was appointed. Per Spencer, May 15, 1839.

A

person elected at the same time, clerk and trustee, and accepting the office of trustee, vacates the clerkship, and a new clerk must be elected or appointed in his place.

Per Spencer, May 22, 1839.

Trustees are bound to open a district school, whenever the inhabitants or any of them, are willing to bear the expense, and the district cannot abridge their powers.

One inhabitant with four children, and another with two children, requested the trustees of District No. 12, Vernon and Stockbridge, to open a summer school. The trustees refused, assigning as a reason that they desired a division of the district, and were disposed to render the present organization as little beneficial as possible.

It was held that it was their duty to have a school kept whenever there was a number of children to attend, sufficient to defray the expense; or if a portion of the public money had been assigned to each term, whenever the public money and rate-bills would defray the expense. The duty is as applicable to summer as to winter schools. The very object and business of their office is to provide schools, and no district meeting can abridge their powers, or relieve them from the performance of their duty.

Per Spencer, July 17, 1839.

time within the ensuing year. The district officers, however, should not be elected until the time is fixed, in order to prevent any dispute as to their term of office.

Per Spencer, May 6, 1839.

School may be opened with prayers, provided that it be done before school hours, and that there be no compulsion to enforce attendance.

In an appeal to the superintendent, certain inhabitants of District No. 15, Barre, complained that the teacher, with the permission of the trustees, "made prayer part of school discipline." The trustees replied that they had permitted the teacher to have prayers, on condition that they should be had previous to school hours, and they alleged that he did not occupy school hours. The superintendent dismissed the appeal, with the following remarks:

"In this conduct of the trustees, the superintendent can perceive no cause of complaint. Both parties have rights; the one to bring up their children in the practice of publicly thanking their Creator for his protection, and invoking his blessing, the other, of declining in behalf of their children, the religious services of any person in whose creed they may not concur, or for other reasons satisfactory to themselves. These rights are reciprocal, and should be protected equally; and neither should interfere with the other. Those who desire that their children should engage in public prayer, have no right to compel other children to unite in the exercise, against the wishes of their parents. Nor have those who object to the time, place or manner of praying, or to the person who conducts the exercises, a right to deprive the other class of the opportunity of habituating their children to what they conceive an imperious duty. Neither the common school system, nor any other social system, can be maintained, unless the conscientious views of all are equally respected. The simple rule, so to exercise your own rights, as not to infringe on those of others, will preserve equal justice among all, promote harmony, and insure success to our schools. In the present case, the superintendent thinks the trustees had lawful right to permit the teacher to commence the business of the day by public prayer, with the children of such parents as desired it; and they were also right in directing that such exercises should not take place during school hours, nor form a part of school discipline."

Another branch of this first question is, whether the teacher has a right to compel the children to kneel, during prayer, or to dispense with their ordinary business.

The answer already given proceeds upon the principle that prayer is no part of the business of a common school, but that parents may place their children under the superintendence and government of a teacher for that purpose. Of course his jurisdiction would extend to that only. But others have no right to disturb the performance of what is considered a sacred duty. As the one class is required to abstain from all attempts to compel the children of the other class to engage in an exercise which the latter disapprove, so the latter should abstain from

interrupting such exercise, and should instruct their children, accordingly, not to enter the school room, until the usual hour of commencing school, and not to disturb those within by any noise, or other conduct calculated to annoy them. And the teacher should allow the children of all parents, who do not desire them to engage in prayer, to withdraw from the room, or to absent themselves from it. But if they come into the room before the usual school hours, and choose to remain there during prayer, they must preserve the order and decorum befitting such an occasion.

Per Spencer, May 13, 1839.

District officers cease to be such, when set off from an old district to a new one.

If a new district (15) was erected out of No. 2, and No. 2 was not declared a new district, it is in law the same district, although its terri tory may be diminished; and the trustees and officers in office at the time of the division, and residing in No. 2, will continue such during the year for which they were elected. But such of them as reside in District No. 15, and do not change their residence to No. 2, cease to be officers of No. 2, by virtue of the provision of the statute, which declares in reference to a local officer, that a vacancy is created by an incumbent ceasing to be an inhabitant of the district for which he was appointed. Per Spencer, May 15, 1839.

A person elected at the same time, clerk and trustee, and accepting the office of trustee, vacates the clerkship, and a new clerk must be elected or appointed in his place.

Per Spencer, May 22, 1839.

Trustees are bound to open a district school, whenever the inhabitants or any of them, are willing to bear the expense, and the district cannot abridge their

powers.

One inhabitant with four children, and another with two children, requested the trustees of District No. 12, Vernon and Stockbridge, to open a summer school. The trustees refused, assigning as a reason that they desired a division of the district, and were disposed to render the present organization as little beneficial as possible.

It was held that it was their duty to have a school kept whenever there was a number of children to attend, sufficient to defray the expense; or if a portion of the public money had been assigned to each term, whenever the public money and rate-bills would defray the expense. The duty is as applicable to summer as to winter schools. The very object and business of their office is to provide schools, and no district meeting can abridge their powers, or relieve them from the performance of their duty.

Per Spencer, July 17, 1839.