i - r - wuf 5t r a Jr w a r - t - - v x - i nrf - -v ffkT jf L - c w atv jTf a it
iPOWER 9P SCHOOL BOARDS
-
- rr r
They MayEfecHTeachers Regard
iless of Incoming- Members Su
perihtendenWiedrbett Talks He
vReyerses HlsRrclecessofs Hold-
A 4B That thetOld l Board Cannot
SBfnd tKe Ievv
w -
f
State Superintehcleiijt - has re-
t8ed the ruling of his predecessor by
Abiding that Doards of jeducationhave a
right to elect and employ teachers for
the ehsuing3ear without waiting until
newlv ejected members have entered
upon the dirties of office This -decision
is important as it reverses the holdings 1
of the department of education during
recent years and the reasons for- the
present opinion will therefore be read
with interest Under -former rulings
teacherscould not be elected until the
second Monday in July but under Su
perintendent Corbetts decision boards
k mayelect immediately
THE ilEW
The new ruling was issued Saturday
and is as follows
Lincoln Neb May id 1895 E H
Hinshaw Esq ires of Board of Edu
cation FairbuVyNeb Dear Sir in
your favor of recent date you submit for
decision- the question whether school
boards have the authority under our
presentstatutes to employ and- contract
with teachers for the ensuing- school
year beginning in September befurethe
newly elected members of the board
enter upon the duties of office
THERE ATtE NO NEW BOARDS
There are three distinct classes of
schoolboards under the statutes of this
state District boards in primary dis
triciSp district boards of high school dis
tricts and boards of education in city
wffstricts Each of these boards is a con
tinuing body only one third of its mem
bership changing each yeanThereis
in fact no such thing as n omautT a
new bprjLjttis one and the same board
before and after the accession of
new members It is evident that
Jngeneral thej board cau bind the
district by contracts which extend be-
yond the time when new members take
their seats Otherwise contracts for
school furniture and school houses
would come to an end with the
tion of the current school year The
power of the board to contract with
teachers rests upon the same authority
as that to make other contracts ana is
t
printed hv the statutes in the same yen-
eral terms- And a valid andinding
icy contract with a teacher may be made
-9 p for services to be rendered during the
jgL -next school year if made in good faith
anj for a reasonable period The
t tion here involved was fully discussed
and settled in the following cases
- belt vs School Town of Noblesville
Indiana 7 N E Rep 206 Gillis vs
Space 63 Barber 177 and Wait vs-
Ray 67 N Y 36 Other similar
decisions are found in 16 Wis
339 50 N W Rep 283 27 N E Rep
s 303 7 Wend 1S2 4 Jdill iba 53 ArK
468 In two Illinpis cases 87 111 255
and 92 111 293 the opposite view was
taken but here the powers ot tne an
nual meeting were different from ours
including among other things the desig
nation of the studies to be taught In
two other cases 5 Jones N C 98 and
51 Mo 21 the right of the board to
elect before the annual meeting was de
nied but in both of these cases the
board was noUa continuing body all
the members going out at- the annual
meeting and an entirely new board be
ing electedj
NO STATUTORY LIMITATIONS
It is clear therefore that the bprad
lias the power to employ teachers for a
reasonable tinie extending beyond the
current school year unless their power
11 is plainly limited by some other provi
sion of the statutes Whatconstitutes a
treasonable contract is a question of fact
to be determined in each particular case
The Nebraska statutes provide that
at the annual district meetings in the
r primary and high school districts the
voters may determine the number of
mills of tax to be levied for school
poses for the ensuing year the
- length of time school shall be
taught and whether the school shall be
taught in the summer or winter or part
ly in each- The power of the board to
contract with a teacher for a time be
yond the current school year is therefore
subject to these powers expressly granted
to the annual meeting and the district
board inemploying a teacher for the
coming year can only make prior to the
annual meeting a provisional contract
subject to the action of that meeting in
matters expressly intrusted to it by law
This provisional contract will be Aralid
and jBMCttter tne oegmmng oit iuc
lncousisicui W1LU
ual meet-
fl -in
ho
Nal1
4V
rL
5vT J
Ei
K
Si
Hd
ItH
- a K
-BASED QN LAW AND SPOLICVr
rests ndt bnly -upon
lawnuthpon public policy as well
Theaelectiori of teachers before the be-
ginning of the pewscliool year tends to
inaKe tneoccupation orteacning moje
desirable JiccauSe less precarjfius and
therefore tends1 to retain in that
sion theservices of the most competent
persons Many excellent 5 teachers
miglit btflost to the school iand t tliti
state if our school boards were not
authorizedjto employ them uhtd after
tne second ivionoay in juiy ine legis
lature has therefore wisely left the mat
ter 10 tne sound discretion ot tne poard
It may be ufajed that in someiirir
Stances tlie authority toi employ tekch y
ers forthemext school year may be
be used to forestalljthe action of the new
ly elected members Vr fojlefeat ihe will-
of tlie people But fsince only one third
of the- members go out at a time the
danger not very great Every ipower
h vested in public officials ris liable to
abuse But the fact that a power may
be abused is not a sufficient reason for
holding that it does not exist Official
integrity of public officers is properly
presumed A desire on their part for
the prosperity of the schools whdse af
fairs they manage and a proper regard
for the rights and opinions of the in
coming members of the board can- in
most casesbe relied upon with confi
dence -
UNSUPPORTED CONCLUSIONS
Our statutes limit to three years the
timeTorvvhich the board maycdntract
with a superintendent section 8 siilwUr
vision XIV In aeformer ruling of this
department it was held that the legis
lature thereby evidenced its intention to
limit the time for which the board
might contract with teachers to thei
current school year -Such a conclusion
is not supported by the lawrqrthe adju
dicated cases and would in my opinion
greatly injure the efficiency of the- pub
lic schools of the state
I am therefore of the opinion after a
careful studypf the questions involved
that boards of education in cities have
the legal right to employ and contract
with teachers for the ensuing school
year without waiting until the newly
elected members have entered upon the
duties of office and that such contracts
made by boards of directors in primary
and school districts will be valid
tif not inconsistent withnany lawful ac
tion 01 the v annual meeting Kespect
fully submitted
Henry R Corbett
State Supt of Public Instruction
Lincoln Journal
Ice cream -5 cents at
Send to S RSmith for perfect ab
stracts of title
Screen doors and wire cloth all sizes
for sale by Cochran Co
Telegraph numbers of land or ldtsto
S R Smith and abstract of title will be
sent same day
r
F Fauss who lives outirTthe Vail
ton section is laid up with a severe at
tack of rheumatism - f
The county commissioners held ashert
session Wednesday of this weekadjourn
ing over till June 10th
Those who have seen1 Marion Plum
mers irrigation plant at Perry siding
declare it to be a typical small plant
cheap and practical and capable of ir
rigating quite a large garden tract Too
much importance cannot beattached to
the subject of irrigation of small tracts
110 matter how small either Garden
truck can thus be produced in abundance
also fruit both large and small While
farmine mav also be done on a small
scale by the means of a windmill pump
and reservoir
Business men who Tjave been- in the
habit of using government stamped
envelopes will note the fact that as
soon as the contractor printing runs
out they can only get envelopes at the
home office asthe government stops
competing with the printer in printing
the address thereon Also by a recent
ruling your letter will be held thirty
days unless you have printed on the
envelope the number of days you want
them held These are two sensible
regulations
The age of consent having been raised
in New York to eighteen Judge Mc Adam
of the sunenor court has issued a warn
ing to all whom it may concern
- - i
anybody assisting at tne marriage
girl under eighteen will be a p
criminal offense He says it wil
solemnize the marriaj
lopking female wi
arents or
that shj
thepOblic SCHOOLS 5 r
ft
t Anrripdrtant peclsiqn
The decision recently deliveredLjpy
State Superintendent Corbett which we
give elsewhere in this issue in full is
one of the most important official- -acts
that have em mated from the depart-
ment of educationnyears reverStnV as
itdoes thef decision of the department
which Hadjepome untenable perforce of
certaTnchajiiggs in our school laws effect
inglSetiniewben the old bparU steps
iQuUahd the new hoard assumed author-
sl t Jl t
laty Under tliis deciston of the State-
rwf -- -
Superintendentit becomes the- duty of
jibe old school board to hire teachers for
- - rJ
tneensuing sctijogi yeajc tnus settling a
bothersomeandmuch mooted question
with theboafd and the community fit
lariie The decision is based oh law and
public policy -
I
Prof Esterbroofc of Orleans was acity
visitor Saturday -
I A fewsuspensions from school ttiis
week- caused by chronic truancy and
tatdiness - -
The grade picnics Saturday were a
success notwithstanding thecool
er and threatened rain
j The high school base lall club will
play the Culbertson high school team at
the Culbertson fair groundstomorrowT
The vociferous vocalization of Era
Cole in the Culberson Ira last week
would indicate that the Culbertson con
tingent cannot stand defeat gracefully
Play ball Ira Not the wind instru
ment
The board 01 education will meet 111
adjourned session next- Monday even
ing when the matter of hiring super
intendent of schools artd a corps of
teachers forthe ensuing year will likely
be discussed
Messrs Fowler and Whittaker of the
corps attended the association meeting
at Danbury last Saturday riding down
on their bicycles and returning home
by way of Arapahoe and Cambridge
Supt Valentine conducted an unusu
ally interesting sessiojLjof Itant ern class
last FridajeVemng A number o new
slides were exhibited- besides thcroper
intendent delivered a very interesting
address on the subject of War which
was keenly enjoyed and appreciated
McConnells Sarsaparilla
Ice cream soda 5 cents at
There are a few cases of scarlet fever
in the city again
Judge eHew went down to Lincoln
again first of the week
Lawn Sprinklers and hose and hose
couplings Cochran Coi
A number of McCooks legal- conting
ent attended court at Trenton Tuesday
Take a bottle of Sarsapa
rilla for a spring medicine
Conductor and Mrs V H Solliday
leave today for Atlanta Georgia on a
visit J
TheTribunE will with its next issue
enter the fourteenth year of its publica
tion J
V B WOLEE of the Bank of Benkel
man was a Sunday visitor of the metrop
olis f
Cochran Co handle the best Re
frigerators in the market A large stock
now on hand e
A F Moore and Rosa Catt were niar
ried before the Probate Judge at- At
wood Kansas last Monday
Some handsome new bcx writing pa
per just received at our stationery de
partment Prices very reasonable
Refrigerators gasoline stoves screen
doors and wire cloth
Cochran Co
Mr and Mrs Ed Beyrer and Mrs
S E Callen left foe Michigan yesterday
ntnp y to witness the mijMHfcot
obert
A
PEOPLE YOU KNOW V
2 5- i
Hi WtCpLE is in Omaha this weeEj1
on business - vS
-
- v - - --
c PERRYIi Hole the Arapahoe bank
er spent Sunday in thecity
X Judge Benson was up at HaiglerJ
nrsfc oi me weeK on uusiness
- i
C W Knights went flown to Hastings
on No 2 Wednesday morning
Miss Clara BonnoT returned home
Wednesday eveningjon No 3
-
Mrs A SJCamebell has been visit-
ing her parents in Hastings this week
Mrs M Noble went up to -Denver
Tuesday night on a sljort visit torelr
atives -
FH Spearman was out from
the week looking to his bus
iness affairs - -
Patrick Walsh- and John Bennett
contemplate going up Sheridan
ing soon on a prospecting trip
Mrs Josepjh Menard Miss Aimee
jMenard Mr arid Mrsc Rufinot departed
lasteveningj r California on a long
yisit
Mrs A W CANPBELL of Box Elder
been visiting at her old home in
Tennessee arrived -home Wednesday
night -
- jJ
F M Richey a prominent lumber
man of Plattsmputh was up looking
terhis property interestsin this section
on Sunday 1
Robert Rogers who has been occu
pying the Frank Everist place on the
Driftwood departed on Tuesday morn
ing for Illinois
Al Benjamin and Haskell Tirrill
two of our young South Side men have
gone to the Black Hill country in search
of employment
J C Harlan of the Cambridge Ka
leidoscope sojourned in the metropolis
a few hours Saturday evening Ditto
Wednesday evening
A N NaTTLETON and family who
arrived homerecently from spending
the winterin Coiprado left for
hmajJednesday ohis week
Mrs E E COLEMAiVwho has been
making McCook relativesSmite a pro
lojged visit left on Satuday everttgftr
her home in Norfolk this state
Frank Forman departed for Council
Bluffs Iowa Wednesday morning on a
visit to his grandmother and will prob
ably remain during the summer
George Hocknell and J w Hupp
left on last Saturday night for New
Mexico where the former is interested
in some valuable placer mining property
Mrs ELiZAiG Nettleton who ar
rived home a few weeks since from Cal
ifornia has built a little cottage near
M H Johnstons dwelling and is occu
pying the same
Will S Jay of the State Journal Co
dropped in upon us last evening and
swapped a few crop report lies with us
H went up the Frenchman branch this
morning to cast his editorial eye over
that fair valley
Dr LJ SpiCKELMiERleft on No 2
yesterday morning for Indiana where
he will devote his time to the organiza
tion of subordinate lodges of the order
of the Star of Jupiter He expects to be
absent several months
J K Patton of Laurel Iowa and
L L Patton of Newton Iowa spent the
latter part of last week aud the early
part of this here visiting their mother
sister and family They left for home
on the morning train Tuesday
Mrs W K Forsby of Coleman pre
cinct left on Sunday night for Kearney
where she was summoned by a telegram
announcing the serious illness of her
mother As the delivery of the telegram
had been delayed two days she despair
ed of seeing her mother alive
Dr A P Welles is out of town this
reek attending the grand lodge meeting
A OLU W at Kearney
le Doctor will also visit
sst of the old soldiers
L 1
oeiore ms rem
THE CHUR0HES - -
Underthls head we Invitetthe pjinlstorj 61 the
clty to contr jbirfe ireely o any and all church news
h
Wprk on tfie hewrEpfscopaiV chapel is
prbgressiiigrapidly A x i
v
a
Slinday school afthe Methddistchurch
at ioa m No preaching atriiV
Rev Forman will preach attBe Boat
man school houseat 11 a in and admin
ister the sacraments of baptism and
holy communion
The Ep worth League social at tife
Methodist churchy Wednesday evening
- - 2 --
was a grand success in every way i here
was a large attendance and everybody
had a good time The book characters
afforded a very important part of
tractidn much to the entertainment and
-
-
amusement of the company j
f -
The sermon Sunday morning at the
-is i I
vongregauonai cuurcn win nave lor us
theme Children of the AlmightV
The evening service will be a UnianJ
meeting of the Epworth League and tile
Endeavor society taking the place of
usual service The topic will be The
Relationbf the Church and Young Peo
plesiSocieties Prof Spaan will leid
There will be special music and all are
invited The hour is 730 oclock
Consult Holmes Bros the carpenters
Ice cream soda 5 cents atfMcCori
nelPs -
A nice variety of ink and pencil tab
lets at this office
Buy a paterit lever hose coupler from
Cochran Co -
Fresh milch cow for sale Inquire of
J S- McBrayer
TryMcMillens Damask Rose Lotion
for face and hands
S R Smith Indianola bonded ab
stracter furnishes abstracts same day or
dered
A private communication conveys the
intelligence that the Troxel party have
arrived at their destination in Wyoming
Mr Tiller has moved his billiard
tables and hall furnishings into the
Lewis saloon building on lower Main
ayenue
Three more cars of aid were shipped
in by James Harris we are informed
last week two to this point and one to
Culbertson
In the matter of publishing legal
notices in unlawful newspapers McCook
has some people who act as though they
felt superior to the law
If you want to buy a first class high
grade new bicycle at way below the
Wholesale price call at this office at
once There is a great bargain for a man
with the ready money almost half price
The frost king held full sway close of
last week The northern states are all
visited Fruits and gardens are nipped
from Minnesota to New York and from
Michigan to Tennessee Snow fell in
some northern states and violent storms
occurred on the great lakes
An inventive genius out in Iowa con
ceived the idea of utilizing barbed wire
fences for a telephone Hue With a few
connecting wires he built his telephone
that way from Webster City to Dun
combe a distance of twenty miles at
tached the instruments and it worked
like a charm This is good news for the
farmers of the west They can have
telephone communication with each
other at a very trifling expense
A newspaper is just what the name
implies the avenue through which the
public gains a knowledge of the events
of the day Every column of a paper is
a news column Even the advertise
ments are business news The shrewd
merchant realizes the fact and lets the
people know through a well worded ad
vertisement what news there is in the
wajj of bargains A clean cut and to the
poitft advertisement has lots ot news to
manv people every day
Jose Menendez the crazy Spanish cook
who caused so much trouble for the crew
of No 2 last Friday morning and who
was taken from the train upon its
xeil was sent on his way to New York
e night train Saturday apparently
nd mind He had jumped from
steps once while th train was
hetween here ana Denver and
through the window glass
e while the tram was at a
oht injury besides giving
ew no end of trouble He
m San Francisco to New
I 1
- Attention OW Soldiers
- -a 7- -
1 AU members oT J K Barnes Post No
207 G A R and all old soldiers and
sailors arerequesteduo meet at thenost M tfV
- - u - rsm
room - Btmin n tt Untni i t9 mmrf
day May 26th 1895 and march to the
Methodist church where the Memorial mmbkiZ
sernton will be preached by Rev Taylor BWpF
of Bartley Nebraska -
WS Fitch Post
Decoration exercises will be held in
MtoVlc ltd II Mou lAtli rOM A- - 1
uu j 0j juui ij ai 1 p ui V V ii
central time snarp Programme will
appear in next weeks issue A cordial
invttalioo is exttendedto all old soldiers
Sons of Veterans Womans Relief Corps
school officials board of- etlu t y
cation affdall civic societies aijd hose
and fire companies Jo- participate with f
us in strewing the graves of our dt par ted
comrades with flowers Committed
The City Courjcli 7 fr
v
tr -
The city coUhciwas in brief regular
seiion Monday- evening all present v
but Alderman vSiittOn J aS iW
1 - A
Bills were allowed as fallows
Howe Stmt li t V 5000 y -
C G Coglizer X - 5000 1 -
Ed Jordjiil - 2530- r
LrPoJsrAurich
JP Coffey
Barnett Lumber Co l WF 7 13-
1 X e
Finance that they
find the annual report of Treasurer Gray
correct 5 - -
Report of Ed Jordan bverseeV of f
streets was approved
Adjourned -
-- J
f
w -A
V- -And Now - We - Are- J
f VV i t
Clothing the multitude thatis whar
weare doing with those elegant spring
suits prices low look atsamples
I
You- want a hat we Aare selling at
cost for two weeks styles aref correct -
Hebron flour best iu towh price on
v
- v
White Bread reduced to 75c per sack
Try it and become a regular cialomer
Another 100 lbs of that ythoice Bone A
less Ham tbarrive this week We can
scarcely supply the demand on this A
trial will prove its superiority and cheap
ness 5
Fruits -Best California canned goods
at 6 cans for one dollar
Call and interview us
McCook Mercantile Co
He Couldnt Tell a Lie
It was in the Bible class of a Sunday
morning They had been considering
the marvelous success which had accom
panied Josephs conduct of Potiphers
business affairs The question naturally
arose as to what was essential to suc
cess in a business undertaking
Only Colonel Easterday and the Col
onol stands out in bold and picturesque
uniqueness among men was equal to
the emergency In clarion notes prompt
ly came theianswer Judicious advertising-
Taken Up
X Two horses and oue mare bays have
been worked Owner can have same by
calling at my farm four miles east of
McCook proving property paying lor
this notice and pasturage
Benj Baker
For Sale or Lease
The butcher shop and tools on West
Dennison street Inquire of S M Coch
ran Co or of Perry Stone
For Sale Cheap
A fine 1150 pound Morgan mare and a
heavy top buggy in good order Apply
at The Tribune ofiice
Dwelling for Rent it
A nice five room residence on north 1 m
Madison for rent Call on
v PAW3LLS
-
-
r -- -
Andrew Anderson nvho lives vjout
ten miles southwest oft here is losing
for a stray sorrel horse two years IdH
half Norman white strip in face A
mal left his place early in April
ward
Fifteen 15 cents will buy a box
nice writing paper at this office c
taining 24 sheets of paper and 24 env
opes
Now is the proper time to begin takr
a spring medicine McConnells Sars
parilla is the bestthingito use t
June rst Carnegie will increase
wages of his 25000 employes
Heres to Andy
Al Sharp had one of
mashed out oh the
terday afternoon
Lawn Sprinklers
couplings
Paraldehydes