38 DISTRICT SCHOOL JOURNAL, secured by requiring a bond of the collector-a practice which is too often neglected-the Town Superintendent should require a valid and satisfactory reason for any renewal after the first, before consenting to it. 6. The annual report of the Town Superintendent will be made at the same time, transmitted to the same officer, contain the same information, and be in the same form, with the requisite verbal modifications as now prescribed by law and the instructions contained in the directions to Commissioners in the volume of laws relating to Common Schools. The necessary forms may be procured from the Commissioners or County Superintendent, or from this Department, on application through the latter. 7. At the expiration of his official term, the Town Superintendent is required to render an accurate account to his successor, of all his receipts and disbursements; to pay over any bal. ances remaining in his hands, and to deliver up all books, papers and records appertaining to his office. a majority of their number) for the present year, on the first day of June next. We the undersigned, Supervisor and Justices of the Peace of the town of in pursuance of section eighteen of the act entitled "An act amendatory of the several statutes relating to Common Schools," do hereby designate and appoint A. B. one of the electors of said town, to perform the duties of Town Superintendent of Common Schools, under and by virtue of the second section of said act, until the next annual town meeting in said town. Dated this first day of June, 1843. C. D. Supervisor. in the Know all men by these presents, that we A. B., C. D. and E. F., of the town of county of are held and firmly bound to J. K. Esq. Supervisor of said town, in the penal sum of [double the amonnt of school money received in said town from all sources during the preceding year,] to be paid to the said J. K. or his successor in office; to the which payment, well and truly to be made, we bind ourselves and our legal representatives, jointly and severally firmly by these presents. Witness our hands and seals this day of June, 1843. Whereas the said A. B. has been duly elected [or appointed] Town Superintendent, of Common Schools for the said town of Now therefore, the condition of this obligation is such, that if the said A. B. shall faithfully ap ply and legally disburse, all the school money which may come into his hands during his term of office as such Town Superintendent, then this obligation to be null and void; otherwise to remain in full force and virtue. Signed, sealed and delivered in presence of A. B. [L. S.] Having thus recapitulated the principal du. ties devolved by the existing laws upon the Town Superintendent, it remains only to add that the obvious intention of the Legislature in substituting this officer in the place of the three Commissioners and two Inspectors, previously charged with the performance of these duties was to place the general supervision of the School districts of each town under his imme. diate charge; to hold him strictly responsible as well for the faithful administration of their financial affairs, as for the character, efficiency and progress of their schools; to invest him with all the necessary powers and authority for the satisfactory accomplishment of the duties thus devolved upon him; and through his agency to give an additional and effective impulse to that system of Common School education, to which their sanction had been so decisively given. Acting in conjunction with the Trustees and in-, habitants of the several districts on the one hand, and the County and State Superintendent on the other, the Town Superintendent has it in his power to exercise a most important and salutary influence upon the great interests of public instruction. It is earnestly to be hoped that the appointing power for the present year, and the electors of the several towns, in each succeeding year, will properly appreciate the high functions cast upon this officer; that they will avail The Trustees of each of the several school themselves, irrespective of all personal or par- districts next hereafter to be chosen, are requi. tizan considerations, of the highest attainable red to be divided by lot into three classes; the mental and moral qualifications in their selec- term of office of the first class to be one year; tion of the individual to be charged with these of the second, two, and of the third, three; and responsible duties; and that the subject of their one Trustee only is to be annually chosen therechoice will devote himself assiduously and faith-after, who is to hold his office for three years. fully to the discharge of the obligations which he assumes-keeping always in view that the consequences of his actions are to extend far into futurity, to leave their durable impress upon the fortunes and character, temporal and eternal, of future generations-to aid in the perpetuation of our glorious institutions, in the advancement of civilization and christianity, and in the general diffusion and indefinite expansion of knowledge and virtue. FORMS OF BLANKS. Form of designation of Town Superintendent by the Supervisor and Justices of the Peace, (or (Endorsement.) "I hereby approve of C. D. and E. F. as sureties to the within bond." J. K. TRUSTEES OF SCHOOL DISTRICTS. In case of a vacancy occurring at any time du ring the term for which any Trustee shall have been elected, such vacancy is to be filled only for the unexpired term for which such Trustee was originally elected. This extension of the official term of Trustees to three years, combined with the annual choice of one of their number, is regarded as a very important improvement of the system, securing as it does, uniformity, stability and harmony in the councils of the district, and preventing that ignorance of its previous arrangements and affairs, which has so frequently been found not only to paralyze the exertions of new Trustees, OF THE STATE OF NEW-YORK. 39 but to involve them in pecuniary embarrass. by his misconduct. In case of such removal, or ment and subject them to personal liability. of a vacancy occurring from any cause, they are On the accession of a new Trustee, under the to supply such vacancy by appointment, until present arrangement, he will find two experi- the next annual meeting of the district. They enced colleagues already in office, conversant are personally liable to their successors for any with all the affairs of the district, and able and neglect or omission in relation to the care and willing to aid and co-operate with him in the superintendence of the Library, by which any discharge of his duties. All the deliberations books therein are lost or injured, to the full and actions of the Board under this arrange. amount of such loss or injury, and their action ment, will partake of a greater uniformity, and in reference to its management, may be at any become more systematic. Teachers will be time controlled by this Department on appeal. likely to be retained for a longer period; con- Their duties, with reference to the District Litracts will be likely to be more promptly fulfill-brary, are specifically pointed out in the regulaed and taxes and rate bills to be more accurate-tions of the Department, made in pursuance of ly made out and more speedily collected; and law, and still in force; and they should endea. order and harmony will gradually succeed to the vor strictly and punctually to conform to the spi. chaotic confusion and irregularity which now rit of these regulations. too generally characterize the records, the councils and the proceedings of Trustees ignorant and careless of their duty, and anxious only to transfer the inextricable embarrassments of their district, unexplained and inexplicable, to their successors. One important operation of the provision in question, will be to prevent the district from changing the time of its annual meeting, there. by avoiding those frequent misunderstandings as to the period when officers of the district are to be chosen, from which so many profitless and vexatious controversies have arisen. The application of the Library money to the purchase of suitable books, has been directed by the Legislature to be continued subject to this single modification, viz: that "whenever the number of volumes in the district Library of any district numbering over fifty children between the ages of five and sixteen years, shall exceed one hundred and twenty-five; or of any district numbering fifty children or less, between the said ages shall exceed one hundred volumes, the inhabitants of the district qualified to vote therein, may, at a special meeting, duly notified for that purpose, by a majority of votes, appropriate the whole or any part of Library money be longing to the district for the current year, to the purchase of maps, globes, black-boards, or other scientific apparatus, for the use of the school." The object of this enactment is two-fold. It is designed in the first instance to secure to every district, at least one hundred volumes of suitable books for a district Library; and to districts numbering over fifty children, one hundred and twenty-five; and in the second, to authorize the inhabitants of any district so supplied, when du. ly convened for that special purpose, to appropriate so much of the Library Fund for the cur The respective terms of office of the Trustees first hereafter to be chosen, are to be designated by lot. For this purpose, three paper tickets may be prepared and numbered 1, 2 and 3. The Trustees will then respectively draw, and the result of the drawing will be entered upon the records of the district. At this meeting a faithful and strict account of all the affairs of the district, and particularly of its pecuniary engagements and liabilities, should be required of the out going Trustees and other officers, according to the requisition on page 153 of the instructions of the late Superintendent. Immediately, or as soon as may be practicable after their election, the new Trustees should meet to-rent year, as they may think proper, to the pur. gether, and make all necessary and suitable arrangements for the future and permanent administration of the district; the employment and compensation of teachers, both for the summer and winter school; the necessary repairs of the school house, for which the district should be requested to provide the requisite funds; the application of the teacher's money to the respect ive terms; the suitable expenditure of the Library money; the condition of the Library and other property of the district; the provision of fuel for the winter, and all such other matters as may be found expedient and advisable. They should also see that the district is regularly furnished with the District School Journal, and that it has all the necessary laws, decisions, forms, blanks, account books, &c. &c. to enable them intelligently and systematically to discharge all their duties. The Trustees of each school district are constituted by law, the Trustees of the Library. They are responsible for its preservation and care; and the Librarian is subject to their direction, and may at any time be removed by them from office for wilful disobedience of such di. rections, or for any wilful neglect of duty, or even when they have reason to apprehend the loss of any books, or their injury or destruction chase of maps, globes, black-boards or scien. tific apparatus, for the use of the school. In the absence of any such appropriation, or whenever any balance remains unappropriated, the Library money or such unappropriated balance, must be applied to the purchase of books; and in any event, the money must be expended for the one or the other of these purposes, on or before the first day of October in each year. It is respectfully recommended to the inhabitants of those districts which are already supplied with the requisite number of books, and of others, whenev. er they shall reach the specified number, to avail themselves of the power thus conferred upon them, to supply their school with those useful articles of scientific apparatus which so materi. ally conduce to the improvement of the pupils. Independently of this appropriation, no district should dispense with a black-board; and if suita. ble maps, globes and a few of the more simple means of illustrating the elementary truths of science, can be superadded, the Library money for two or three years cannot perhaps be more advantageously appropriated. In the mean time, the books on hand can be generally read; and such additions to the Library as the grow. ing wants and increased intelligence of the dis. trict may require, can then be from time to time 40 DISTRICT SCHOOL JOURNAL, procured. The advice of the Town and County are to be found conscientious dissenters to the Superintendent may at all times be had as to most approved theological tenets of these com. the most proper and judicious appropriation of mentators on Christianity: individuals who the fund for the purposes provided for by the claim the right, either of rejecting Christisection under consideration. anity altogether, (as the Jews,) or of so interThe selection of books for the District Libra-preting its fundamental doctrines, as to place ry, is devolved by law exclusively upon the them beyond the utmost verge of evangelical" Trustees; and when the importance of this most liberality: and this too, without, in any degree, beneficent and enlightened provision for the in- subjecting themselves to any well-founded imputellectual and moral improvement of the inhabi- tations upon their moral character as citizens tants of the several districts, of both sexes and all and as men. The State, in the dispensation of conditions, is duly estimated, the trust here con- its bounty, has no right to trample upon the hofided is one of no ordinary responsibility. In nest convictions and settled belief of this or of reference to the action of this Department with any other class of its citizens against whose regard to such selections, but two prominent demeanor, in the various relations of society, no sources of embarrassment have been experien- accusation can be brought: nor can it rightfully ced. The one has arisen from the necessity of sanction the application of any portion of those excluding from the Libraries all works having funds to which they, in common with others, directly or remotely, a sectarian tendency, and have contributed, to the enforcement of theolothe other, from that of recommending the exclu-gical tenets to which they cannot conscientious. sion of novels, romances and other fictitious cre-ly subscribe. Any work therefore, which, deations of the imagination, including a large pro- parting from the inculcation of those great, enportion of the lighter literature of the day. The during and cardinal elements of religion and propriety of a peremptory and uncompromising exclusion of those catch-penny, but revolting publications which cultivate the taste for the marvellous, the tragic, the horrible, and the supernatural-the lives and exploits of pirates, banditti and desperadoes of every description is too obvious to every reflecting mind, to require the slightest argument. Unless parents desire that their children should pursue the shortest and surest road to ignominy, shame and destruction should become the ready and apt imitators on a circumscribed scale, of the pernicious models which they are permitted and encouraged to study-they will frown indignantly on every attempt to place before their immature minds, works, whose invariable and only tendency is disastrous, both to the intellect and the heart. The exclusion of works imbued to any perceptible extent with sectarianism, rests upon the great conservative principles which are at the foundation of our free institutions. Its propriety is readily conceded when applied to publications, setting forth, defending or illustrating the peculiar tenets which distinguish any one of the numerous religious denominations of the day from the others. On this ground no controversy exists as to the line of duty. But it has been strongly urged that those "standard" theological publications which, avoiding all controverted ground, contain general expositions of Christianity-which assume only those doctrines and principles upon which all "evangelical" deno. minations of Christians are agreed, are not obnoxious to any reasonable censure, and ought not, upon any just principles, to be excluded from the School District Library. There are two answers to this argument, either of which in the judgment of the Superintendent, is conclusive. The one is, that the works in question, however exalted may be their merit, and how ever free from just censure, on the ground of sectarianism, are strictly theological, doctrinal or metaphysical; and therefore no more entitled to a place in the District Library than works devoted to the professional elucidation of law, medicine, or any of the other learned profes. sions. Their appropriate place is in the family, church or Sunday School Library. The other answer is, that in every portion of our country morality which are impressed upon humanity as a part of its birth-right-acknowledged by all upon whom its stamp is affixed, however de parted from in practice, and incorporated into the very essence of Christianity as its pre-eminent and distinctive principle,-shall descend to a controversy respecting the subordinate or collateral details of theology, however ably sus tained and numerously sanctioned, has no legiti mate claim to a place in the School District Library: nor can its admission be countenanced consistently with sound policy or enlightened reason. With reference to the admission of novels, romances and other works of the imagination, usually comprehended under the term "light reading," the views of the department cannot be better illustrated than by the following extracts from a recent report of the majority of a committee appointed by the Board of Commissioners of Common Schools of the city of Utica, to examine the books in the School District Library of the city, and to report, among other things, as to the character and tendency of any objectionable works they might discover therein: "The importance of applying the funds provided by the State, with rigid regard to their appropriate object, is so weighty-and the temptations to misapply them, in consequence of a present prevailing fondness for light and equivocal literature, are so strong, that your committee deem it proper to enter somewhat into an examination of the principles which should gove: n those to whom is entrusted the responsi ble duty of making selections for School District Libraries. "A library for instruction is a very different thing from a library for amusement. The cir culating library of a place of public resort for invalids or persons in pursuit of ease and plea. sure, is essentially of a trifling character: the library of a college or eminent public institution is composed of graver and more elevated productions. While the book shelves of a light young man are filled with frivolous and amusing works, those of a student display the treasures of standard literature. School District Libra ries should not fall below the dignity of usefulness: in proportion as they do, they fail of ful filling the true design of their institution. OF THE STATE OF NEW-YORK. 41 "A consideration of the object of instituting The convenience and accommodation of many, these libraries will enable us to judge pretty if not of most of the inhabitants of the several correctly of the general character of the books districts, would be essentially promoted by pla which should compose them. It is obviously cing the charge of the library, temporarily, with the information and improvement of the body of the teacher, during the term of his or her emthe people who can read, without reference to ployment, and depositing it in some convenient parties, sects, classes, callings, or professions. and safe place in the School house. This arThe primary object of their institution,' says rangement can only be carried into effect, by the the Superintendent who recommended it, was concurrence of the Trustees and Librarian, and to disseminate works suited to the intellectual | under their supervision. Generally, the teacher improvement of the great body of the people, not being an inhabitant of the district cannot be rather than to throw into School Districts for chosen Librarian. But where the Trustees and the use of young persons, works of a merely Librarian have sufficient confidence in the teach. juvenile character.' It was, in the language of er and in the safety of the books, when left at a succeeding Superintendent, to diffuse infor- the school house, they will find this arrangement mation-not only, or even chiefly, among chil. in many respects conducive to the convenience dren or minors-but among adults and those of the district. who have finished their Common School education.' It was, in short, to provide a supplemental source of instruction to those on whom the Common School has exhausted its more limited means. 6 Trustees will bear in mind that their annual reports are hereafter to be made and transmit. ted to the Town Superintendent, between the first and fifteenth days of January: and that in addition to the matters now required by law to en"Improvement and information, then, form title them to their distributive share of teachthe main object of these libraries. It is only ers' money, they are to report that no school has thus that they become the proper subjects of been taught for more than one month in their public munificence. Entertainment, simply as district during the past year by any other than entertainment, is not to be regarded in making a duly qualified teacher. This portion of the selections for the School District Library. It is report can easily be interlined in the appropri no part of our public policy to provide amuse- ate place in the printed form. This reservation ments for the people. In this particular we have of one month is merely nominal: as it is scarceimproved not only on antiquity, but on many ly to be supposed that a teacher not duly quali modern governments, by substituting, in the fied, will be employed in any district for that place of vain and wasteful public shows and fri-length of time. It was designed to meet those volities, those more substantial and elevating subjects of public bounty, which consist in permanent and wise institutions, designed to fit our citizens for the proper discharge of their duties as members of a great community, whose duration and prosperity depend upon the knowledge and virtue of the people. "We first teach the children of the republic to read, and to appreciate instruction. We lead them to thirst for information, and then seek to open the fountains which may satisfy that thirst. The Common School is the first step in their advancement-the School District Library is partially designed to be the second. It supplies information of a more varied and extensive sort -and if that informaticn comes clothed in allurements of a virtuous, or entertainment of an innocent character, it is the more welcome on that account. These are mere incidents however-when they appear alone, they want that substantial recommendation which is necessary to secure their introduction into the School District Library. Books designed for amusement simply-to while away a vacant hour, and be forgotten like ephemera-are evidently no worthy occupants of the shelves of such a Library. There is enough which is instructive and substantial to exhaust the public liberality, without squandering the well meant beneficence of the State in transient and trivial publications which amuse to-day, and to-morrow are rubbish. The books, therefore,' says one of the Superintendents before quoted, should be such as will be useful among the inhabitants generally. They should not be children's books, or of a juvenile character, or light and frivolous tales and romances; but works conveying solid information which will excite a thirst for knowledge, and also gratify it, as far as such a library can.'" cases where, notwithstanding the utmost diligence on the part of Trustees, an examination of the teacher employed by them, cannot be immediately procured; or where for any reason, it has been found necessary or expedient for the teacher to commence and continue his term for a few weeks without obtaining such certificate.-The term of four months must, however, be completed after obtaining such certificate, in order to entitle the district to its share of teachers' money. It is of great importance to the department, with a view to the statistical information to be laid before the legislature and the people, to be accurately apprised of the comparative attendance upon the schools, on the part of the children resi ding in the district. For this purpose, earnest ef forts have hitherto been made to procure from the Trustees of the several districts, a statement of the length of time each pupil has attended, and the number who have attended for one, two, &c. up to ten and twelve months. But notwithstanding every practicable facility to com. municate this very desirable information on the part of teachers and Trustees, the department has, as yet, found it impossible to procure it with any approximation to accuracy. Unwil. ling to resort to the harsh measure of depriving the districts of their proportion of public money in consequence of this deficiency in their annual reports, the Superintendent has hitherto listened to every excuse, for the omission to comply with this requisition, in the reports made the present year. Hereafter it is hoped no cause of complaint will be permitted to exist in this respect: as the share of public teachers' money will rigidly be withheld where the report is not in all respects in accordance with law, and the requisitions of the department in pursuance 42 DISTRICT SCHOOL JOURNAL, of law, unless in cases where the most satisfactory excuse for the omission can be rendered. The teacher should, in all cases, be required by the Trustees to keep the necessary register and to furnish it, together with his list at the end of each term. necessity; and occasional abuses of the privilege so accorded, are productive of less disastrous results than a prevailing impression among the indigent inhabitants of a district, that their children can partake of the advantages of common school education only at a burdensome charge to themselves, and by a sacrifice of the ordinary necessities and comforts of their families. APPEALS TO CO. SUPERINTENDENTS. Any inhabitant of a school district conceiving himself aggrieved, in consequence of any pro ceeding or decision of any school district meeting, or of the Town Superintendent, either sepaTown Clerk, relative to the formation or alteration of any school district, or of the Trustees or Librarian, in the discharge of any of the duties devolved upon them, or concerning any other matter arising under the school law of whatever description, is now required to bring his appeal, in the manner and within the time now prescri bed by the regulations of the department, to the County Superintendent, whose decision thereon is final, unless appealed from to this department within fifteen days after service of a copy thereof. The following regulations respecting the mode of bringing such appeal from the decision of the County Superintendent, are hereby prescribed in pursuance of the authority conferred by the seventh section of the late act. By the thirteenth section of the new act, it is provided that "whenever the Trustees of any school district shall discover any error in a tax list or rate bill made out by them prior to the expenditure of the amount therein directed to be raised, they may refund any amount improperly collected on such tax list or rate bill, and amend and correct such tax list or rate bill, in conformity to law; and whenever more than one re-rately or in conjunction with the Supervisor and newal of a warrant for the collection of any tax list or rate bill, may become necessary in any district, the Trustees may make such further renewal, with the written approbation of the Town Superintendent of the town in which the school house of said district shall be located, to be endorsed upon such warrant." These provisions preclude the necessity of any application to this department for either of the objects specified in this section: and authorize one renew. al of a school district warrant, by the Trustees, on their own authority and in their discretion: after which the written approbation of the Town Superintendent must be obtained to any subsequent renewal. It is strongly recommended to Trustees to exact of the collector, the bond required to be given by him, under the 106th section of the school law, whenever any warrant is placed in his hands. This practice will be attended with very little trouble: and will secure the district from all loss, and the Trustees themselves from personal liability, in many instances. It will also secure the prompt collection of taxes and rate-bills, and promote system and regularity in the financial affairs of the district. In their orders to the Town Superintendent for the payment of public money to teachers employed by them, Trustees will specify that the person in whose favor the order is drawn, was so employed by them, and was duly qualified according to law. In the exercise of the power conferred upon the Trustees, of exempting indigent inhabitants of their district from the payment of the whole or of portions of their rate bills, the utmost liberality compatible with justice to the district, should be indulged. Nothing can be more at variance with the benign spirit and intent of the school laws than the compulsory distress and sale of articles of absolute necessity to an indigent family, for the purpose of satisfying the rate bill for teach. ers' wages. And yet cases of this kind are frequently brought to the notice of the department. Every reasonable facility should be afforded to the children of the poor, for the attainment of all the blessings and advantages of elementary instruction: and this should never be permitted to become in any degree burdensome to their parents. Where any inhabitant of the district in indigent circumstances cannot meet the rate bill for the payment of the teachers' wages with. out subjecting himself to serious embarrassment, or his family to sensible deprivation, he should promptly and cheerfully be exonerated. A just feeling of pride may reasonably be expected to preclude any from availing themselves of this exemption, unless under the pressure of absolute Whenever any party to an appeal shall be desirous of appealing to the Superintendent of Common Schools from the decision of any Coun ty Superintendent, such party shall, within fifteen days after service of a copy of such decision,serve a written notice upon such County Superintendent either personally or by leaving the same at his residence, of his or their intention to appeal from such decision. Such County Superinten. dent shall, within ten days thereafter, transmit to the Superintendent of Common Schools, a statement, setting forth all the allegations and proofs of the respective parties before him, or the originals or certified copies of such papers as were presented on such appeal, together with a copy of his decision thereon, for which he shall be entitled to receive the sum of one dollar, to be paid by the party appealing, on service of notice of his intention to bring said appeal. The respective County Superintendents shall annually render a correct account of the money so received by them, verified by their oath, to the boards of supervisors of their counties; who, in their discretion may deduct the said amount from the postage account of such Superintendent. The final decision of thesuperintendent in the premises shall be communicated by the County Superintendent to the respective parties, on appli cation by them, or either of them. The bringing of such appeal from the decision of the County Superintendent, shall not operate as a stay of proceedings, unless such stay shall be specially di rected by such County Superintendent; in which case a copy of the order staying such proceedings shall be served upon the opposite party. Commissioners of Common Schools, whose offices are abolished on the first day of June next, are hereby directed on or within fifteen days after that day, to deliver over to the Town Superintendent of their respective towns, all school moneys, papers, vouchers, books and re |