Board Pub School Trustees

If not called for within one month, the Postmaster will please send to the School Inspector.

COUNCIL OF PUBLIC INSTRUCTION.

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We insert in this number of the Journal of Education the official record of the proceedings of the first meetings of the Council of Public Instruction, as constituted under the newly Consolidated School Acts. These meetings were preliminary, and provided for the appointment of the necessary committees, to which was assigned the duty of preparing the business which will come before the Council at its adjourned meeting of the 6th of October.

Question 2nd. On what principle should the "prices" or "cost" of these books to the schools be fixed, viz.:(1.) Whether the "price" or "cost" of a book should include (a) its net prime cost from the original publisher, with the additional charge (b) for exchange, (c) freight and shipping dues, (d) duty, (e) insuranee, (f) salaries of clerks, and (g) contingent expenses of management, which are all actual expenditures, and (h) the usual estimated percentage for depreciation of stock on hand.

(2.) Or, whether, in addition to these actual expenditures incurred in procuring books and managing the Educational Depository, and for percentage for stock depreciation, the "cost" of books to the schools should also "prices" or include (i) an estimated sum for rent, (7) for taxes, (k) for interest on Legislative Grant employed, and (7) salaries of clerks, (at least beyond the $1,400 per annum payable by Statute out of "grants" made by the Legislature). Question 3rd. Whether the phrase "on the same terms," which originally occurred in the Act of 1855, and is continued in

To the record of proceedings of the Council we append a "case," which has been submitted to the Chief Justice of Ontario by the Chief Superintendent of Education, in regard to the prices to the schools of Prize and Library Books. The document forms an historical record of the various Acts of Parliament on the subject, and the proceedings of the Education Department in regard to Library and Prize Books and their prices during the last twenty years. Without such an historical record of the question being submitted, it was impossible to place the whole of the facts of the case before the Consolidated Acts of 1859 and 1874, would not determine the learned Chief Justice and the public. Merely to submit the ipsissima verba of the present law on the subject, and the abstract question involved, would neither afford satisfactory evidence of the mind of the Legislature on the subject, nor the interpretation which, during the last twenty years, has been given by the Chief Superintendent to the law and regu- depreciations. lations on the subject.

the cost of the books to the schools on the principle of the rates of charge for them as they existed in 1855, viz. :—the prime cost of the books from the original publisher, with the added charge for exchange, freight, shipping charges, duty, insurance, salaries, and the estimated percentage for stock

Question 4th. Whether an added profit out of books supplied The question itself, as it stands between the public and the to the schools from the Educational Depository over and above booksellers interested in the matter, is fully and clearly ex- the amount of actual expenditure for them, contingent expenses plained by the Chief Superintendent in his letter to the Chief of management and percentage for depreciation of stock, was Justice in submitting the "case." This letter will be found on contemplated or authorised, or is contemplated and authorized page 148 of this Journal. by the Legislature under its successive Acts bearing upon the

In summing up the "case," as submitted to the Chief Justice, subject.

(b) That the Regulations, Programme and Text Books for Col-communications requiring their immediate attention. legiate Institutes and High Schools, and the duties of Inspectors of High Schools, be referred to a Committee consisting of the Representatives of the Collegiate Institute and High School Masters, and of the Colleges, together with Professor Smith, and that until the Roman Catholic College at Ottawa is represented here, His of a total value of $100, be granted to teachers who have passed the 9. Ordered, That one gold, two silver, and two bronze medals, Grace Archbishop Lynch be also a member of said Committee. (e) That the Regulations, Programme and Text Books for the best examinations (1874) as recommended by the Central ComPublic Schools, and the duties of Inspectors of Public Schools, be referred to the Representatives of the Public School Inspectors and Teachers, and of the High School Masters, together with His Grace the Archbishop and the Rev. Dr. Jennings.

13. Ordered, That the Clerk of the Council inform the proprie- of an Inspector, for any cause which he may deem sufficient to wartors of the Toronto Mail, Globe, and Leader that a copy of the re- rant it. port of the proceedings of this Council and of the Interim Committee, similar to that required by law to be published in the Journal of Education, will be furnished on application.

All certificates granted, suspended or cancelled, and all other information desired, shall be duly reported by the Inspectors to the Chief Superintendent of Education.

APPEALS FROM THE DECISIONS OF LOCAL BOARDS OF EXAMINERS.

37 Vict., ch. 27, sec. 32 (2), and ch. 28, sec. 115.

Any Teacher who may have been examined by a County or City Board, and any Trustee or Head Master of a High School or Collegiate Institute, shall have the right to appeal to the Chief Superintendent against the decision of a Local Board of Examiners or of a Public or High School Inspector.

Every such appeal shall be made in writing to the Chief Superintendent within two weeks from the time when the decision of the Local Board or Inspector is known to the appellant, and not later than one month after the decision itself was communicated to the Teacher or Board concerned.

A copy of the appeal, with full particulars of objections, shall be sent by the appellant to the Board or presiding Inspector. No appeal shall be entertained by the Chief Superintendent which is not made in accordance with these regulations.

At the request in writing of any High School or Collegiate Institute Board, a High School Inspector may admit to examination any senior pupil in a High School or Collegiate Institute, or any LETTER FROM THE CHIEF SUPERINTENDENT OF EDUCATION other candidate for the position of Assistant Teacher or Monitor in TO THE CHIEF JUSTICE OF ONTARIO, SUBMITTING THE such High School or Collegiate Institute, on the following condi- FOLLOWING CASE FOR HIS OPINION. tions:

in the official lists at his prices, and not those at which the in connection with the same words in sub-section 27, and No. 4 same books can be procured at the Education Department. of clause a of sub-section 29, of section 31 of the same Act; and On the other hand, my view is, that such a procedure would in construing the words "cost" in sub-section 29, and Nos. 3 make the Council of Public Instruction a mere advertising and 4 of clause a of the same sub-section, two questions arise:agency for certain booksellers to sell their books at their own 1. Whether (a) the Council of Public Instruction, (b) the prices, to be half paid for out of the public revenue, whereas booksellers (or other parties) sending books for the approval of the Legislature never intended that the prices of books for the Council, or (c) the Chief Superintendent, has the right to libraries and prizes in the public schools should be increased fix the prices at which the books shall be supplied to the schools. beyond cost prices to the Municipal and School Corporations, 2. Whether the words "prices" and "cost" used in the and that those cost prices must be determined by the Chief above quoted sections are convertible terms, and mean the same Superintendent, or by the Council of Public Instruction, who thing, or whether the meaning of these words: "prices and have nothing to do with the prices at which booksellers may cost" is not affected by the phrase "upon the same terms," used dispose of their books, but who must determine the prices in in sub-section 9, of section 33 of the Act, which originally occurs the authorized printed catalogues at which the books can be in the School Act of 1855, but which was inserted in the Conprocured at the Depository of the Education Department. solidated School Act of 1859, and also in this Consolidated and Amended Act of 1874.

As the new law does not clearly define as to whether the prices of the books on the official catalogues are to be determined as heretofore, or by the Council of Public Instruction, I have thought proper to refer it to the Council to fix the prices, as well as authorize the books, and suggesting the appointment of a committee to report upon the principle and scale of prices at which the books authorized may be procured at the Department. That Committee reported as follows:"The Chairman presented the report of the Committee appointed at the last meeting in reference to the principles on which the prices of books are fixed."

"The Report was to the effect that, the Committee felt that "there were certain preliminary difficulties in the consideration "of the question submitted to them and agreed that it would "be unwise to proceed further in the enquiry until the Chief "Superintendent had obtained an authoritative decision as to the "meaning of the terms "cost," " prices," and "grant," which occur in the sections of the Act which refer to supply to the "schools of the books sanctioned by the Council of Public In"struction."

Under these circumstances, and in accordance with this recommendation of the Committee, 1 submit for your opinion the questions involved.

In order that you may examine the whole subject from the beginning, as far as you may think proper, I have requested the Deputy Superintendent (Dr. Hodgins,) to prepare a memorandum, giving extracts from the Laws, and Reports, &c., in which the words "cost," "prices," and "terms" have been introduced and repeated in successive acts, and other official papers. This memorandum will show the immense pains which I have taken to advance, step by step, and avail myself of the best experience and Counsel of Europe and America, to mature this important branch of our educational system, and in what sense all the terms submitted have been employed and applied from the beginning. On the the 20th, 21st, 22nd and 23d pages of this memorandum will be found a succinct recapitulation of the question on which your opinion is solicited. I have, &c., (Signed)

THE HONOURABLE

THE CHIEF JUSTICE OF ONTARIO.

CASE.

E. RYERSON.

The portions of the School Act of 1874, quoted above are, as follows:

8. POWERS AND DUTIES OF THE COUNCIL.
27. It shall be the duty of such Council, and it is hereby em-
powered :-

D. Text, Prize and Library Books-Superannuated Teachers-
Annual Report.

of text-books for the use of schools, or books for school libraries and
24. To examine, and at its discretion, recommend or disapprove

prizes;

25. To make regulations in regard to school libraries;

26. To examine, or cause to be examined from time to time, any books, the names of which have not heretofore appeared in the catalogues of the Educational Department, and which may be forwarded (with a statement of their prices) to the Department by booksellers or other parties, who may have the same for sale; 27. To determine whether such books ought or ought not to receive the sanction of the Council for libraries or prizes in the Public and High Schools, and Collegiate Institutes;

(a) The decision of the Council in respect thereof is, without delay, to be communicated to the said booksellers or other parties concerned;

(b) The books so forwarded are, on application, to be returned to the persons forwarding the same;

published in the next number of the Journal of Education, with the (c) The names and prices of the books when sanctioned shall be dates respectively at which the books were received at the Education Department and laid before the Council for examination.

2. DUTIES OF THE CHIEF SUPERINTENDENT OF EDUCATION. 31. It shall be the duty of the Chief Superintendent of Education:

26. To submit to the Council of Public Instruction, all books or manuscripts which are placed in his hands, with the view of obtainduction as text, library or prize books; ing the recommendation or sanction of the Council for their intro

27. To cause to be printed from time to time a catalogue, showing the names and prices of all the books which are or may be sanetioned by the Council of Public Instruction for libraries and for prizes in the Collegiate Institutes, High and Public Schools;

28. To cause to be printed each half year, a catalogue of any additional books which may be sanctioned by the Council for said purposes;

29. To authorize the payment, out of any moneys appropriated by the Legislature for that purpose, of one-half of the cost of any prize or library books sanctioned by the Council of Public Instruction, for Public and High Schools and Collegiate Institutes, which may be purchased by a Municipal or School Corporation from any Submitted by the Chief Superintendent of Education to the Hon-bookseller or other parties, instead of at the Depository of the Eduourable Chief Justice Richards, of Her Majesty's Court of cation Department; Queen's Bench, under the authority of the 3rd clause of the 32nd section of the Consolidated School Act, 37th Vict., chup. 27, as follows:

32. The Chief Superintendent of Education shall have authority, should he deem it expedient:

3. To submit a case on any question arising under the High or Public School Acts, to any judge of either of the Superior Courts, for his opinion and decision, or with the consent of such judge, to either of the Superior Courts, for their opinion and decision:

In construing the words " prices" in sub-section 26, and clause c of sub-section 27, of section 27 of the above quoted Act, taken

(a) Such payment shall be made to the order of the Corporation tioned by the Council, on the following conditions:— purchasing any of the books specified in the catalogues or lists sanc

1. The Chief Superintendent shall be duly certified of the facts; 2. He shall be furnished with the usual guarantee as to the proper disposition of the books, which may be purchased elsewhere than at the Depository;

3. He shall be furnished with certified vouchers of the cust, edition, and binding of the books so purchased elsewhere;

4. He shall not pay more than one-half of the cost of the books the printed catalogues or in the authorized lists of such books pubso purchased elsewhere, according to the prices specified for them in lished in the Journal of Education.

10. CERTAIN GRANTS AUTHORIZED.

3. Out of any grants made from time to time in aid of Public and High Schools, the Lieutenant-Governor may authorize the expenditure annually of such sums as may from time to time be voted by the Legislative Assembly for the purposes following:

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(“Copy.)

"EDUCATION OFFICE,

"Toronto, 16th July, 1849. "SIR,-I have the honour to submit to the favourable con"sideration of the Governor-General in Council the following .. remarks and recommendations, with a few to the introduction of "School Libraries into Upper Canada, as contemplated by each of "the Common School Acts which have been sanctioned by the 2. Through the Chief Superintendent of Education. Legislature. There can be but one opinion as to the great importance of introducing into each township of Upper Canada, as soon 6. For the purchase, from time to time, of books, publications, as possible, a Township Library, with branches for the several specimens, models, and objects, suitable for a Canadian library and school sections, consisting of a suitable selection of entertaining museum, to be kept in the Normal School buildings at Toronto," and instructive books, in the various departments of biography, and to consist of books, publications and objects relating to educa-travels, history (ancient and modern), natural philosophy and tion and other departments of science and literature, and specimens, models, and objects illustrating the physical resources and artificial productions of Canada, especially in reference to mineralogy, zoology, agriculture, and manufactures;

7. For supplying a copy of the Journal of Education to every School Corporation, and every School Inspector;

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'history, practical arts, agriculture, literature, political economy, "&c., &c., &c. It is not easy to conceive the vast and salutary "influence that would be exerted upon the entire population, the young portion especially, in furnishing useful occupation for "leisure hours, in improving the tastes and feelings, in elevating "and enlarging the views, in prompting to varied and useful enter

8. For the establishment and support of libraries in connection" prize, that would flow from the introduction of such a fountain with the Schools;

9. For providing the Schools with maps and apparatus and prizes upon the same terms, and in the same manner as books are provided" for School libraries;

"of knowledge and enjoyment in each township in Upper Canada. "But in order even to commence so noble and beneficial an undertaking, two things are necessary; the first is, to obtain, and "for the Board of Education to examine and select the proper books; the second is to render such books easily and cheaply accessible to every part of the Province. As the books are not and cannot be published in this country, they must, for some time at 'least, be obtained from abroad-from England and the United States, arrangements must be made for that purpose, as the ordinary agencies of book trade are insufficient.

10. For the payment of a salesman and assistant clerks of the public library, prize, map and school apparatus depositories, in" connection with the Department of Public Instruction.

The whole of the sub-sections 26 and 27 of section 27, and sub-sections 27, 28 and 29 of section 31, of the Act 37 Vic., cap. 27, are new, and form part of the amendments made to the School law in 1874; but sub-sections 24 and 25 of section 27, sub-section 26 of sub-section 31, and the whole of section 33, formed part of the Consolidated Statutes, 22 Vic., cap. 64. The sub-sections quoted were originally passed in 1850, while section 33 was passed in 1855.

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"When in Dublin, in 1845, I arranged with the National Board "to obtain their books for schools in Upper Canada at cost prices. "much below the wholesale prices, to the British public; and by means of that arrangement those excellent books are now sold in "Upper Canada, about twenty per cent. cheaper than they were "three years since; and we now say to each of our Canadian booksellers, that if he will agree not to sell those books at more than "two-pence currency for every penny sterling that he pays for them, we will give him a certificate to the National Board in Dublin to "obtain them at the reduced prices. By this simple arrangement

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In construing the word "cost," in the Act of 1874, the phrase "upon the same terms" (which was first used by the Legislature in the School Law in 1855, and re-enacted in a consolidated form-without alteration-in 1859 and 1874) would throw some light on the question, especially as the "terms" upon which schools were supplied with library books in 1855 are explained by the Chief Superintendent of Educa-“ tion at that time to mean "at cost," including charges—with the 100 per cent. bonus allowed by the Legislature.

In order to understand the intention of the Legislature all through its enactments on this subject, it will be necessary to give an historical resumé of the whole question, and to quote those portions of the successive statutes and official documents and explanations which bear directly upon the subject.

private trade is encouraged, at excellent profits, rather than inter"fered with; and the books are then sold at much lower prices "than heretofore. The selling prices of the books are published in "the printed forms and regulations for schools, and are uniform in every part of the Province, and known to every Trustee and "Teacher. A Canadian house has reprinted an edition of most of "these books (fac-similes of the Dublin edition) at even lower prices than the imported editions.

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In 1848, Dr. Ryerson, the Chief Superintendent, submitted" a draft of a Bill to the Government, in the 13th section of which he proposes to set apart £2,000 ($8,000) annually for commencing a system of school libraries, accompanying it with the following remarks:--

"The Thirteenth Section proposes a small provision for commencing the establishment of Common School Libraries. I propose to do so on the same principle and in the same manner with that which has been so extensively and so successfully adopted in the neighbouring States-except that the regulations for this purpose are there made by the sole authority of the State Superintendent of Schools, whereas I propose that here such regulations shall be sanctioned by the Governor General in Council.

"On the importance of such a provision, I need not say a word. On this section becoming law, I shall soon be prepared to submit a draft of the requisite regulations for carrying it into effect, and also to suggest means by which a selection of suitable books may be made and procured from England and the School Libraries of the States of Massachusetts and New York, and submitted to the consideration of the Board of Education, and then the modes of procuring, at the lowest prices, for any part of Upper Canada, the books which the Board may sanction for Common School Libraries.”

The provision here recommended was partially adopted in the School Act of 1849. With a view to prepare the way for establishing the contemplated libraries, the Chief Superintendent, in 1849, addressed the following letter to the Provincial Secretary :

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Now, I propose the adoption of an extension of the same arrange"ments to procure books for School Libraries. I propose to "make an arrangement with some of the book societies in London (such as the Society for the Diffusion of Useful Knowledge, &c..) "and the cheap library publishers in London and Edinburgh, for procuring such of their works as may be required for School Libraries in Canada at the lowest prices. I propose to make the same arrangements with the National Board in Dublin, for procuring portions of the series of books which they have lately “selected and adopted for School Libraries, that we have heretofore "made in order to procure their school books. And as but few of States of New York and Massachusetts are of an exclusively local "the books composing the School Libraries in the neighbouring their School Library books are as suitable to the youth of Ĉanada "and politically objectionable character, and as the greater part of as to those of the United States--many of the books being re-prints I propose to make a similar arrangement with School Library "of English works, and translations from the French and German (and perhaps some other) publishers in New York and Boston, "that I have above proposed to make with English publishers. According to this arrangement, I propose to secure, at the cheapest rate possible to the reading youth and people of Canada, "the best popular works which emanate from the British and "American press. There will thus be a British and an American "series, with the price affixed to each, and directions where and "how they may be procured, leaving to local councils or committees "the option of selecting from either series, or from both, at their "discretion.