to enter the profession of teaching at too young an age; others have long since reached the dead line" and would benefit the public by retiring from the work.

NORTHAMPTON-Supt. Hoch: Our schools, with few exceptions, were kept open on Washington's Birthday and Good Friday; in many of them the former was observed by appropriate exercises. Our six-month schools have closed. I hope that all our teachers who can possibly do so will spend their vacation at one or other of our Normal Schools.

NORTHUMBERLAND-Supt. Shipman: The local institute held at Montandon was well attended by the teachers of Chillisquaque and Point townships, but not so well by the teachers of Delaware, Lewis and Turbot townships. A large audience was present in the church at every afternoon and evening session. Supts. Johnson, of Union county, and Goho, of Milton, were present and did good service. All teachers present came prepared to do the work assigned them. During the month of March I made fiftyeight visits among the schools of the rural districts, most of which close about the end of March. The attendance of the last two or three weeks of the term averages from one-third to one-half of the whole number enrolled. The numerous changes of residence about April 1st greatly affect the attendance. I believe it would be better to begin the six-month terms earlier, and thus bring the schools to a close about the middle of March.

POTTER-Supt. Bodler: A local institute was held at Ulysses. It was the best of its kind held during the year, and the teachers of the vicinity are deserving of credit for their efforts. There were present some of Tioga county's successful teachers, whom we gladly welcomed, especially since they readily took part in discussions and debate. An institute was also held at Costello, but the invitation was received by the Superintendent too late to attend. The contract for building a schoolhouse at Cross Forks, Stewardson township, has been let; it is to be a four-room building, two stories high.

SCHUYLKILL-Supt. Weiss: I held a very successful local institute at Leib, in Eldred township, February 9th and 10th.

The

large church was filled to overflowing, and many were turned away for want of room. Dr. J. N. Kieffer delivered the address of welcome, and Dr. A. R. Horne and Supt. Henry Houck made the evening lectures, and favored the institute with day instruction. The teachers themselves did excellent work by entertaining the institute with addresses, essays and class drills. Local talent furnished good music. The exhibits of school work reflected credit on teachers and pupils. The people were much interested in the meeting, and in spite of the almost impassable condition of the roads, many traveled for miles to attend the day and evening sessions. On February 16th

and 17th, a successful local institute was held in Valley View, Hegins Township. The weather was intensely cold, the sleighing excellent, and for miles around the people flocked together to be entertained and instructed-and they were not disappointed. Prof. A. C. Rothermel and Supt. Henry Houck were the evening lecturers, and also did efficient work as day instructors. The special drills by pupils and teachers of Valley View and Heginsville, in connection with the evening exer cises, were enthusiastically received by the audience. Good music was furnished by local talent. Teachers of the county and directors favored the institute with addresses, recitations and class drills. The exhibits of school work were creditable alike to pupils and teachers. On Saturday evening, on account of the large concourse of people, the institute had to be divided. Two rooms were filled to overflowing; and Supt. Houck had to address both audiences. The people of Ringtown and the three Unions were out in large numbers to attend the Ringtown institute, February 23d and 24th. The citizens manifested unusual interest, and notwithstanding the very cold weather people traveled several miles to be present day and evening. Supt. Houck and Prof. H. C. Krebs were the evening lecturers, who also, with Prof. S. F. Krebs, assisted as day instructors. Teachers, directors and citizens of the county aided us by giving class drills, reading essays, and delivering addresses. The large hall failed to accommodate the people, and hundreds had to be turned away. The exhibits of school work were fine. On March 2d and 3d, a very good institute was held at Orwigsburg. The roads were bad, yet people came from miles around, and hundreds failed to gain admittance to the spacious hall. The special drills by pupils and teachers of Orwigsburg were very entertaining. Supt. Houck and Prof. A. C. Rothermel delivered the evening lectures, and also did excellent work as day instructors. Supt. Houck, in his lecture of Saturday evening, held the vast audience interested to the close, and all were anxious to have him continue. Teachers, citizens and directors took an active part in the meeting, favoring the audience with addresses, recitations, essays and class drills. The school exhibits were fine, as was the music rendered by local talent.

SNYDER-Supt. Bowersox: Nearly all the township schools close in March. Many closed with commendable exercises, such as exhibitions, musical entertainments, etc. All these meetings were well attended by the citizens; only one feature, not entirely praiseworthy, crept into some of these exercises, namely, the "darkey performance, long since relegated to the past. It is to be hoped that our patrons will demand from their teachers and pupils such exercises as shall stimulate the literary power rather

than excite a desire for low-grade amusement.

SULLIVAN Supt. Meylert: I find in my visits to the schools that very few of our districts have complied with the recent law relating to out-houses. I intend soon to issue a circular letter to all the school boards in the county upon the subject.

SUSQUEHANNA-Supt. Gillett: For the first time in the history of this county there will be but few, if any, summer schools. In many districts the old custom will be abandoned with much reluctance; but it is hoped and believed that the advantages of a continuous term will be so evident as to secure the hearty approval of all.

VENANGO-Supt. Bigler: The directors of Allegheny township built a fine schoolhouse last fall and are holding the first term of school in it this year. They have wellequipped houses, every school-room in the district having been papered this year, In many respects they afford a good example for other townships to follow.

WARREN-Supt. Putnam: A local meeting of teachers was held each Saturday during the month. The attendance and interest were much better than was the case at the same places last year. The meetings were crowded at every session and all took an active part. Evening sessions were held at Sheffield and Garland. At Springfield a debate furnished considerable attraction. Pupils of the schools in each place took part in the way of recitations, etc. At Sugar Grove the teachers of the Sugar Grove Seminary joined with the public school teachers in rendering a very entertaining programme. At the meeting in Clarendon the directors were out in force and by timely remarks contributed to the success of the meeting. In February local institutes were held at Columbus, Goodwill Hill, Scandia and Russell. The teachers of the several localities manifested a lively interest in the work. The patrons and pupils attended in large numbers and the educational sentiment in each locality was successfully aroused. These meetings are especially valuable in awakening the public interest and leading the people to take an active part in the discussion of school questions. The new laws and decisions were explained and many present-day topics discussed.

WAYNE-Supt. Kennedy: The new schoolhouse at Gouldsboro Station is one of the finest buildings in the county. It contains two rooms besides the basement, and will accommodate one hundred pupils. It is heated by a furnace and is well ventilated. Two new school-houses were built in Buckingham township during the year and are now in use. Ten local institutes were held

during the winter.

WESTMORELAND-Supt. Ulerich: During this month a very successful institute was held under the auspices of the "Principals' Round Table of Westmoreland." It was held in the chapel of the Greensburg Seminary

and was attended by many of the teachers from the adjoining boroughs and townships. Interesting and profitable addresses were made by many of the Principals and teachers.

BRISTOL Supt. Booz: Twenty-two books have been added to the library; among them Quick's Educational Reformers, Painter's History of Education, Greenwood's Principles of Education Applied, De Guimp's Pestalozzi and his Work, Herbart's Science of Education and Dr. Rice's Public School System of the United States.

HAZLETON-Supt. Harman: The Schumann Lady Quartet of Chicago, assisted by Miss Jennie D. Shoemaker, an accomplished Delsartean, recently closed a series of eleven concerts and entertainments given under the auspices of the high school. They were greeted by a large and appreciative audience, and they fully sustained their high reputation. The high school has now sufficient funds to make the last payment on the handsome Sohmer piano, purchased a few months ago. Their next object is the increase of the library fund.

HAZLE TWP. (Luzerne Co.)-Supt. Mulhall: Sickness among the pupils interfered with our attendance this month. Among the many helpful factors in advancing the cause of education, there is none, I think, more important than good, live district institutes. In this respect we have been eminently successful. Our programme has been practical, the teachers as a rule have shown commendable promptness in entering into all discussions touching the progress and welfare of our schools; and the benefits thus derived from the experiences and opinions of each other have had an elevating influence upon the whole corps.

HUNTINGDON-Supt. Benson: On the 17th of March we held a borough institute which brought together fifty teachers from this county, with a few from Bedford and Blair. All told, about seventy-five teachers were present, some having come a distance of fifty miles by rail. On the evening of the 16th Dr. N. Č. Schaeffer lectured for us on "The Value of Childhood." Dr. Eckels, of Shippensburg, and Dr. M. G. Brumbaugh, of Huntingdon, followed with short interesting talks. The chapel of the Juniata College was crowded with an appreciative audience, and all returned home highly pleased. The institute which followed on Saturday was well patronized. The high school room was filled during both sessions and many excellent discussions given on important school topics.

NANTICOKE-Supt. Miller: An interesting institute was held in our High School room, commencing Friday evening, March 2d, and closing Saturday afternoon. On Friday evening, Dr. Schaeffer delivered a lecture on "The Value of Childhood," before a large and interested audience. Saturday, the teachers were addressed by Dr. Schaeffer, Profs. Wm. Noetling, Geo. P. Bible, and W. H. Detwiler, and Supts. Jas.

On

M. Coughlin, Irving A. Heikes and J. A. Dewey.

NEW CASTLE-Supt. Shearer: Our schools continue much crowded, there being 500 more pupils in attendance than during the same month last year. The Board is considering the advisability of building two new houses. The 22d of February was observed by appropriate exercises. While at first some may not have agreed with the State Superintendent's recommendation, surely none who have tried celebrating the day by appropriate exercises would ever wish to do otherwise. In this way I believe much can be done to develop patriotism. The following list of subjects taken from the High School programme, will give a general idea of the rest: The American Flag:" "What is a Minority?" "Washington's Character;" "Washington as a Generalas a Statesman;" "Lincoln at Gettysburg ;" "Statesmen of the Day;" What Women Have Done ; The Little Hatchet; "Washington's Boyhood;" "Great Events of History:" Anecdotes of Washington;" "Washington's Farewell Address."

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SHAMOKIN-Supt. Harpel: Miss Richardson, of New York, spent several days with us, inspecting our work in drawing and giving instruction before our Teachers' Institute. The evening schools have closed. The year's work we think successful, but it is to be regretted that more of our boys do not take advantage of these schools.

SUNBURY-Supt. Oberdorf: School work is moving smoothly and pleasantly. The increased attendance and better class work, since the adoption of the new rule by the the Board abolishing final examinations, is proof of the fact that it was a movement in the right direction. Pupils who were formerly irregular in attendance and inclined to play truant, are among the most regular now, knowing that an average of less than 90 per cent., unless caused by sickness or contagious disease in the family, will subject them to an examination. Teachers are also more careful in marking pupils, and parents are thus furnished with a more correct statement of the work done by their children. Our School Board did not make vaccination compulsory in order to remain in school, as a borough ordinance passed last August requires all residents to be vaccinated within six months. They did, however, urgently request parents to see that all school children were properly vaccinated, and but few now in our schools have failed to attend to that duty, probably not 5 per cent. of all the pupils of the borough. Our school term will end June 7th.

TITUSVILLE-Supt. Crawford: Two of our primary teachers have been granted leave of absence to attend Normal Schools. Miss Maud E. Porchall goes to New Britain, Conn., and Miss Mabel Cram to the Cook County Normal. We expect to be much benefited by their study, as they are both enthusiastic teachers.

EDINBORO' NORMAL SCHOOL.

DECISION AS TO ELECTION OF TRUSTEES OF STATE NORMAL SCHOOLS.

THE following opinion of the Hon. Chas. H. Noyes, Presiding Judge in the 37th Judicial District, May Term, 1893, in the Court of Common Pleas of Erie county (in Equity), J. C. Wilson, et al. vs. C. O. Scrafford, is important in settling certain mooted questions connected with the election of Trustees of the State Normal Schools:

The learned Master has performed his arduous duties with excellent judgment and marked ability. I find no reason to differ with him upon any question affecting the result, and but for the importance of some of the legal questions, we might confirm his report without

comment.

As was shown in McLeod vs. Central Normal School, 152 Pa. St., 575, the Act of 1857 did not create normal schools, nor lay down a scheme for their government. It contemplated the establishment of institutions by private promoters, with such fundamental organization as they should adopt. If certain qualifications, in respect to buildings, and appliances for teaching, and by-laws and rules fitted to carry into effect the provisions of the act, were found by the inspectors, the school was to be adopted as a State Normal School, and after such acceptance the by-laws and rules cannot be changed without the consent of the State Superintendent of Public Instruction. Act 1857, Sec. 7, P. Dig., 302, P. L., 136. Act 1875, Dig., 305, P. L., 151. The provision requiring the election of trustees by the "stockholders or contributors" is not a definition of the qualification of voters, but refers us to the fundamental law of the particular institution to learn whether it is a corporation having stockholders or a voluntary association. If the former, the right to vote by shares is limited by the act.

The Normal School for the twelfth district, which was adopted Jan. 26, 1861, was at the time a corporation, incorporated by decree of this court May 8, 1856, by the name of the Edinboro Academy, and its charter was amended Aug. 3, 1857. By the charter and amendment we find that it has a capital stock of three thousand dollars, with power to increase to six thousand dollars, divided into shares of the par value of five dollars each, and that each shareholder is entitled to one vote for trustees, regardless of the amount of stock held by him. Certificates are directed to be issued to "all persons who have subscribed or who may hereafter subscribe and pay money for the purpose of building an academy in said borough," or to the heirs or legal representatives of such persons, which are to be transferable on the books of the corporation.

The right to vote, therefore, is limited to stockholders, and the stockholders are those who have subscribed and paid not less than the value of one share to the building of the acad emy in Edinboro. This was not changed by the general normal school laws, nor was it by the special act of 11th April, 1863 (P. L., 338). The word "contributors" in the first section

was unhappily chosen, but it plainly means contributors having the right to vote. It cannot be broadened in meaning without conferring the suffrage without limit upon every contributor, however trifling the amount, or to whatever temporary use, Such a construction would introduce endless confusion, as indeed such misconstruction has done in the history of this illfated institution. The same may be said of the second section of the act of 1873 (P. L., 1874, 442), for unless the language of this section is held to be qualified by the clear intent manifested in the first section, and by the uniform language of the charter and previous laws, it is entirely without limit. One who has given ten dollars for a display of fireworks, or to treat each student to beer, if such a thing were imaginable, has a perpetual right to a voice in the management of the institution, transferable at pleasure, and which devolves upon his personal representatives at his death. The founders of the Edinboro Academy were not very wise in draughting their articles of association, but they were wiser than to attempt to distinguish between contributors by any shifting standard of comparative merit. They ordained that the right to share in the management should be restricted to contributors whose contributions went with a fund to be permanently invested in real estate for the use of the institution. The legislature has not manifested any design of changing this provision of the charter, and it should not be implied without clear necessity. The learned Master was therefore right in holding that subscribers to the "library fund" were not entitled to vote, as well as in his exclusion of the votes of transferees of subscribers of less than the value of a share of stock.

The charter limits the amount of the stock of the corporation to three thousand dollars, and the capacity of the corporation to increase it to six thousand dollars. The evidence does not show any formal increase of the capital stock, yet the books show that there was subscribed for the academy at least the amount of the original capital, and for the additions necessary for its adoption as a normal school, and to increase its usefulness as such, some fifteen thousand dollars more, for all of which certificates have been issued. Whether the stockholders and the corporation can be regarded as having increased the capital stock informally by their acts and acquiescence; whether the act of Oct. 30, 1873, authorized the issue of stock without limit, and while leaving the old stock unaffected, raised the par value of stock issued after its passage to ten dollars; or, whether all the stock in excess of the limit in the charter is illegal and not entitled to share with the legal stock in voting for trustees, are questions which, happily, do not arise on this record. This corporation, in which the whole capital is a charitable trust fund, in which the so-called "stockholders" have no pecuniary interest whatever; in which the "stockholders" are not members of the corporation; and vote per capita and not by shares; instead of perpetuating its succession by some expedient for admitting new members such as would be adapted to a corporation of this kind, has adopted the method appropriate to business corporations organized for the profit of the cor

porators, in which self-interest is the only law, and dividends the only object, and from this cause, as it seems to me, many of the troubles flow, which have so seriously impaired the usefulness of this institntion of learning. Where the succession of members is maintained by some act of the corporation accepting the new members, the right of a member is not regarded as subject to the payment of debts, even although it may be valuable, as a seat in a stock exchange; but in business corporations where the rule of interest prevails, the stock is treated strictly as personal property.

The

However anomalous, we have no alternative, and must treat this so-called "stock" as if it were real stock, representing an interest in property, since no other means is provided for perpetuating the corporate succession, and the charter and laws expressly require it. right of executors, administrators, assignees, guardians, etc., to hold and transfer it, follows of course, if it were not expressly given by the charter. The right to vote upon it while in their hands seems to be a necessary incident to the ownership of shares of moneyed corporations, and indispensable to the preservation of the property. If this right does not accompany the title on the devolution of a decedent's estate, an estate holding stocks may easily be ruined by the transfer of the control and management of important business interests from those chiefly interested to a minority conscious of a short lease of power, and possibly hostile to the majority in interest. No authority was cited for the ruling of the Master on this point; and while it may be true as between trustee and cestui qui trust that the latter has the right to vote stock in the absence of express authority to the former, executors and administrators are more than trustees; in contemplation of law they are owners, and to deprive them of the right to vote, means to tie their hands and deliver them over bound to their enemies. I am aware that these considerations have little application to the case before me, but the rights here must stand or fall by the rules applicable to veritable stock. The Master erred in excluding the votes tendered by executors of deceased stockholders by proxy. If they could vote at all, they could vote by proxy by express provision of the charter. Notwithstanding the technical reasons sustaining the refusal of the Master to hear evidence showing the illegality of the thirteen votes received without challenge, I should be disposed to hold that in this flexible proceeding, in which all parties interested are represented, we might determine every question necessary to settle the result of the election, without turning the parties over to a quo warranto. But if all these votes were cast for the trustee ticket, and were all illegal, striking them out would not change the result. We do not think it necessary, therefore, to send the case back to the Master for this cause.

The 4th, 5th and 7th exceptions on the part of the defendants are sustained. All the other excepiions are overruled. The report of the Master is confirmed absolutely. Let a decree be drawn in accordance with the recommendations of the Master.

Per Curiam.

CHARLES H. NOYES, P. J., 37th Dist.