Outside and beyond the rules officially adopted by the trustees, the power lies with the teacher. The trustees formulate the general principles for the management of the school; the practical application of these principles is confided to the teacher.

(53 Conn 481, 82 Ind 286, 105 Mass 475, 116 Mass 366, 85 Mo 485, 19 NH 170)

The rules must be officially adopted at a regular meeting, and recorded in the minutes. (D 4294, 2523)

There have been decisions to the contrary (69 Ind 295, 105 Mass 475, 116 Mass 366, 59 N H 473, 45 Wis 150), but the preponderance of authority is decidedly toward requiring official action as stated. The trustees have authority only as

a board of trustees-not individually.

(41 Conn 442. 27 Me 266, 105 Mass 475. 111 Mass 499, 6 Neb 167, 27 Vt 755) Of course a sole trustee may act at any time.

The board has power to make all needful rules and regulations for the organization, gradation and government of the school, and to suspend any pupil for non-compliance with reasonable rules established by it, or by the teacher with its consent (35 Wis 59, 45 Wis 150). But in matters of this kind the board will, in the main, be guided by the advice of the teacher. While the teacher is subordinate to, and must execute the orders of the board, he is responsible for the conduct, discipline and progress of his pupils, and should, generally, be allowed to decide as to the means and methods of discharging this responsibility.

It has been repeatedly held that the teacher is not a public officer.

(49 Neb 755, 69 N W 114. But see 9 Neb 53, 2 N W 235, "he being a de facto officer".)

But he does not derive his authority from the parents. He holds a position created by the law. He is legally responsible only to the trustees who hire him. Between the teacher and the child the parent can personally interfere only by removing the child from the school.

(14 Barb 221, 38 Me 376, 29 Ohio 89, 32 Vt 224, 45 Wis 150)

An illustration will make this point clear. Congress establishes by law the rates of postage, and the classification of mail matter: but a New York senator would not think of entering the Albany postoffice and directing the postmaster hereafter to charge 3 cents for letter-postage, or to charge letterpostage on periodicals; he would not even assume to dictate to the postmaster whether a new periodical should be received at newspaper rates, or to give directions as to the internal management of the postoffice. His power is only as a member of congress and in the halls of congress; as an individual he has no more authority in the postoffice than any other individual.

On the other hand, the postmaster-general has entire power to enter any postoffice either personally or by messenger, and make any investigation desired into the methods employed. It is his duty to give the general directions under which postoffices should be conducted, and any specific directions that a particular postoffice requires. He determines the classification of mail matter, and in general is entrusted with the details of carrying out the laws established by congress.

The superintendent of schools in a village or city occupies the same relation to the teachers of the village or city that the postmaster-general does toward the postmasters. He is the executive officer of the board of education, and is authorized to represent them in matters of detail as regards the management and discipline of the school, the course of study, and the methods of teaching. He may take the place of a teacher at any time, may direct what shall be taught, and how and when it shall be taught, and may usually transfer teachers from one department to another as the needs of the school require. In some cities, like Cleveland he has been entrusted with entire authority to engage and discharge teachers, and to be the head of the body of which they are the members, with full power of direction.

The principal of the school occupies towards his subordinate teachers much of the relation of superintendent, and in villages where there is no superintendent, he practically fills that place, as does the teacher of a district school. Hence in many schools the rules and regulations are made by the principal. and are often endorsed only tacitly by the trustees.

Regarding the powers of a teacher to act in absence of authority regularly conferred by a school board, Judge Lyons, of the Supreme Court of Wisconsin, said: "While the teacher or principal in charge of a public school is subordinate to the school board or board of education of his district or city, and must enforce rules and regulations adopted by the board for the government of the school, and execute all its lawful orders in that behalf, he does not derive all his power and authority in the school and over his pupils from the affirmative

action of the board. He stands, for the time being in loco parentis to his pupils, and, because of that relation, he must necessarily exercise authority over them in many things concerning which the board may have remained silent. In the school, as in the family, there exists on the part of the pupils the obligations of obedience to lawful commands, subordination, civil deportment, respects for the rights of other pupils, and fidelity to duty. These obligations are inherent in any school system, and constitute, so to speak, the common law of the school. Every pupil is presumed to know this law, and is subject to it, whether it has or has not been reenacted by the district board in the form of written rules and regulations. Indeed, it would seem impossible to frame rules which would cover all cases of vicious tendency which the teacher is liable to encounter daily and hourly. (45 Wis 150. See 105 Mass 475, 35 Neb 1, 19 N H 170, 52 N W 710, 116 N W 235)

The teacher's place and authority cannot be taken, except by his permission, by the trustee or even by the school commissioner or the county superintendent (41 Conn 442, 27 Vt 755)

Horace Mann, considered the school committee in higher authority, saying: "During the period of visitation the committee have the entire control of the school. For the time being it is their school, and the teacher is their servant. They may decide what classes shall be called upon to perform exercises, and in what studies. They may direct the teacher to conduct the examination, or may conduct it wholly themselves, or they may combine both methods. In fine they may dismiss the teacher for the hour, and pursue the examination in his absence. *** Should any scholar misbehave himself, or prove refractory or contumacious to the committee, while they are engaged in examining the school, it is presumed they have an authority to suspend, to expel, or to punish on the spot, in the same way that the teacher may do in case of like misconduct committed against himself.-38th Mass. Report, p. 150.

The law of to-day has been admirably stated in a decision of the New York Education depart

ment.

Boards of education of union free school districts are bodies corporate, and must act as a board in making rules and regulations relative to the discipline and government of the schools under their charge; in prescribing the studies to be taught; in grading and classifying the schools and regulating the admission of pupils therein, and in the general management and superintendence of said schools. The rules and regulations of the board relative to matters upon which, under the school law, they are authorized to act should be adopted by the board of sessions of the board, and copies of the rules and regulations should be given to the teachers. Individual members of the board have no authority to make rules, nor to give orders to teachers. Under the school law, the method of imparting instruction belongs exclusively to the teachers. The teachers assign seats to the scholars, regulate the order in which recitations of classes, pursuing the different studies taught in the school, are to be held, and conduct such recitations. A visiting committee of a board, visiting a school, has no authority to interfere with the methods of instruction pursued by the teachers, nor to give orders to the teacher, nor to interfere in the recitations or assume to conduct such recitations, nor to conduct examinations on their own account, without advising with the teachers, nor to interfere with the seating of the pupils. Such committee should visit the school at such times as it shall deem necessary and proper, and watch carefully the methods pursued by the teacher, the government and discipline of the school, whether or not the teacher maintains good order and discipline, etc., etc., and report the facts relative to such matters to the board. If, in the opinion of the board, the condition of the school is such that, in its judgment, it is not for the best educational interest of the school, then it should call the attention of the teachers thereto. No members of a visiting committee or the board should criticize or reprimand a teacher in the presence of the school or any pupil