-5b ^14 THE S$V# ^ CONTROVERSY. A Complete History of the Case, from Decem- ber 16, 18?© to December 1, 1880. it ■ ISSUED BY THE LOCAL BOARD, AND ADDRESSED TO THE LEGISLATURE OF THE STATE OF NEW YORK, session of isei- SYRACUSE, N. Y: C. W. BARDEEN, PUBLISHER. 1880. <\K To the Honorable Members of the Legislature : We ask your earnest attention to the history which we here- with submit to you. The whole Normal School system of the State has been placed in jeopardy by this controversy. The issues involved are not between the Superintendent and the Principal of the Cortland Normal School, but between the Superintendent and the Local Board, regarding the concurrent powers conferred upon each by- the statute. We respectfully ask that your Honorable Body take such measures early in the session of 1881 as shall preserve to our system, to our school, to our village, and to our State, the energy and the prosperity that have characterized the Normal Schools of the State. We have enjoyed prosperity during the past history of our own Institution, and we desire to perpetuate it with increasing usefulness to all who are related to it. BY rmnispp,, JUN 3 >9J0 / 5 ^ V Analytical Table of Contents CHAPTER I. — Statutes Relating to Normal Schools: page 1. General Law of 1866, Chap. 466 9 2. Amendment to Chap. 466,— Laws of 1869, Chap. 18 11 3. Law relating to Possession of Building and Grounds. — Laws of 1880, Chap. 348 12 CHAPTER II. — The Organization and Opening of the School — From Dec. 16, 1868, to March 3, 1869 — Official Interpretation of the Law of 1866 — Care in Selecting a Faculty 13 CHAPTER III. — Changes in the Local Board — The First was Made Sept. 11, 1872— The Second, Sept. 12, 1876— The Third, Oct. 28, 1879 — Difference in the Manner of Appointment of the Superintendent — Consequences of This 17 CHAPTER IV. —Concurrent Authority to Dismiss a Member of the Faculty — The Proceedings were Instituted by the Board, and Approved by the Superintendent 19 CHAPTER V. — Mr, Gilmour's Remarkable Order — He Directs the Board to Renominate tiie Entire Faculty, the day following ing his Confirmation of a Member of it — There were no Va- cancies — No Resignations— Order Made June 12, 1877 — The Board Declines to Comply 21 CHAPTER VI. — Forms of Confirmation of Teachers — Significant Changes Introduced by Mr. Gilmour — First Change Made June 11, 1877; then July 5, 1877 23 CHAPTER VII. — Mr. Gilmour Requests the Local Board to Al- low Dr. J. H. Hoose to Take Charge of The Fredonia Nor- mal School — Done in August 1878— Concurrent Powers Conced- ed — Acceptability of Dr. Hoose's Administration 27 vi Analytical Table of Contents. PAGE. CHAPTER VIII. — Additional Facts Relating to the Attitude op Mr. Gilmour towards the Normal School System — His Adminis- tration op the Affairs of the Cortland Normal School — His Refusal to Meet this Board — His Satisfaction with the School. 31 CHAPTER IX. — Mr. Gilmour's Sudden. Demand of the Principal of the Cortland Normal School for v.is "Peremptory Resigna- tion" — The Principal Refuses to Resign — The Board, by Seven to Two, Request Mr. Gilmour for Charges, if preferred — He WRITES THERE ARE NO CHARGES 33 CHAPTER X.— Mr. Gilmour Phrfor s to Withdraw his Approval of the Employment of Dr Hoose — Not Concurred in by the Local Board — Dr. Hoose Remains 39 CHAPTER XI. — Mr. Gilmour Purports to Appoint Prof. Cassety, Vice President of Fredonia Normal School, as Acting Princi- pal at Cortland — Not Recognized by the Cortland Board — The Board Offers to go to the Supreme Court 43 CHAPTER XII.— Chancellor Erastus C. Benedict of the Board of Regents Declines to Co-operate with Mr. Gilmour to Re- move the Local Board without a Hearing — Mr. Gilmour does not call for this investigation 47 CHAPTER XIII. — Mr. Gilmour Offers to go to the Court, Pro- vided the Board will first give up its Case by Allowing Prof. Cassety to be Principal — He Threatens to Close the School —Prof. Cassety Opens an Office at the Messenger House 48 CHAPTER XIV.— The Cortland Normal School Opened Sept. 1, 1880 — By the Board and Dr. Hoose, as usual — Prof. Cassety and Six Teachers Withdraw from the School — Mr. Gilmour's Order to Teachers to Withdraw 52 CHAPTER XV. — The Board Demands of Prof. Cassety the Ap- pointments of Normal Students — He Declines to Deliver them to the board — the committee on teachers wait upon those Teachers who Refuse to Serve Under the Board ho CHAPTER XVI. — The Mode in Which the School has been Con- tinued Since Sept. 1, 1880 — The Vacancies are Immediately Supplied •_ 57 CHAPTER XVII. — Mr. Gilmour Purports to Withdraw his Ap- proval of the Six Members of the Faculty who remained with the Board — The Board Asks for Charges — Mr. Gilmour Never Answers the Request 58 Analytical Table of Contents. vii PAGE CHAPTER XVIII. — Mr. Gilmour Orders the School to be Closed . — The Board Declines to Close it or Allow it to be Closed by Others — The Legislature Alone can close a Normal School — The Board renews its offer to go to Court, which Mr. Gil- mour does not answer 61 CHAPTER XIX. — Efforts to Disperse the Students — To send them to other Normal Schools — Unsuccessful 64 CHAPTER XX. — Mr. Gilmour Notifles the Board that he well go to the Court — A Committee of the Board meets him at Albany — No Results 65 CHAPTER XXI. — Mr. Gilmour finally Brings the Case into Court — The Issue as Stated ln the Arguments — Mr. Gilmour claims absolute power oyer the normal schools — denied by the Board , 67 CHAPTER XXII. — Statistics of the Cortland Normal School, Read June 28, 18S0 — Showing he Work of the Graduates — Tables of Statistics of Attendance, Including the Present Term, Beginning Sept. 1, 1880 70 CHAPTER XXIII. — Brief Recapitulation of the Attitude of the Department of Public Instruction towards the Cortland Nor- mal School — First, Under Supt. Weayer — Second, Under Supt. Gilmour. (See also Appendix, page 85.) 77 CHAPTER XXIV. — Necessary Consequences Resulting from the Claims Made by Mr. Gilmour — The Entire Normal School System of the State placed in Jeopardy by htm — Antagonistic to the Spirit of American Institutions 80 CHAPTER XXV. — Legislation asked for by the Cortland Local Board — That the Local Board Shall Initiate the Employ- ment and Dismissal of Teachers, Subject to the Appro yal of the Superintendent — That no Normal School shall be Closed except by Action of the Board 82 APPENDIX 85 Members of the Legislature of 1881 89 CHAPTER I. STATUTES RELATING TO NORMAL SCHOOLS.— LAW OF 1866 —OF 1869— OF 1880. Chapter 466. An Act in regard to Normal Schools, passed April 7, 1866; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The Governor, the Lieutenant-Governor, the Secretary of State, the Comptroller, the State Treasurer, the Attorney-General and the Superin- tendent of Public Instruction shall constitute a commission to receive proposals in writing in regard to the establishment of normal and training schools for the education and discipline of teachers for the common schools of this State from the board of supervisors of any county in this State: from the corporate authority of any city or village; from the board of trustees ot any college or academy ; and from one or more individuals. Such commission shall have power to accept or refuse such proposals, but the number accepted shall not exceed four. Such proposals shall contain specifications for the purchase of lands and the erection thereon of suitable buildings for such schools, or for the appropriation of land and buildings to such use, and also the furnishing of such schools with furniture, apparatus, books, and everything necessary to their support and management. Such proposals may have in view, either the grant and conveyance of such land and premises to the State, or the use of the same for a limited time, and for the gift to the State of furniture, apparatus, books and other things necessary to conduct such schools. § 2. If the proposals made by any board of supervisors, or by the corporate authorities of any city or village shall be accepted, said board or corporate authorities shall have power to raise, by tax, and expend, the money necessary to carry the same into effect; and if in their judgment it shall be deemed ex- pedient, they shall have power to borrow money for such purpose, for any time not exceeding ten years, and at a rate of interest not exceeding seven per cent., and issue the corporate bonds of said county, city or village therefor, 2 10 Cortland Normal School Controversy. § 3. When the said commission shall have accepted proposals and deter- mined the location of any one of such schools, and when suitable grounds and buildings have been set apart and appropriated for such schools, and all need- ful preparations made for opening the same in accordance with the proposals accepted, the commission shall certify the same in writing, and then their power under this act in relation to such school shall cease, and thereupon the Superintendent of Public Instruction shall appoint a local board, consisting of not less than three persons, who shall respectively hold their offices until re- moved by the concurrent action of the Chancellor of the University and 1 he Superintendent of the Public Instruction, and who shall have the immediate supervision and management of such school, subject, however, to his general supervision and to his direction in all things pertaining to the school. Such local board shall have power to appoint one of their number chairman, and another secretary, of the board. Two-thirds of each of said boards shall form a quorum for the transaction of business, and in the absence of any officer of the board another member may be appointed pro tempore to fill his place and perform his duties. It shall be the duty of such board to make and establish, and, from time to time, to alter and amend such rules and regulations for the . government of such schools under their charge respectively, as they shall deem best, which shall be subject to the approval of the Superintendent of Public Instruction. They shall also severally transmit through him, and subject to his appoval, a report to the Legislature on the first day of January in each year, showing the condition of the school under their charge during the year next preceding, and which report shall be in such form, and contain such an account of their acts and doings as the Superintendent shall direct, including especially, an account in detail of their receipts and expenditures, which shall be duly verified by the oath or affirmation of their chairman and secretary. § 4. It shall be the duty of the local board, subject to the approval of the Superintendent of Public Instruction, to prescribe the course of study to be pursued in each of said schools. It shall be the duty of the Superintendent of Public Instruction to determine what number of teachers shall be employed in each school, and their wages, whose employment shall also be subject to his approval; to order in his discretion, that one or more of said schools shall be composed exclusively of males, and one or more of females ; to decide upon the number of pupils to be admitted to each of said schools, and to prescribe the time and manner of their selection, but he shall take care in such selection to provide that every part of the State shall have its proportionate representa- tion in such school, as near as may be, according to population ; but if any school commissioner district or any city shall not, for any cause, be fully rep- resented in either of the said schools, then the Superintendent of Public In- struction may cause the maximum number of such pupils to be supplied from any part of the State, giving preference, however, to those living in the county, city or village where such school is situated. § 5. All applicants shall be subject, before admission, to a preliminary ex- I. — Statutes Relating to Normal Schools. 11 animation before such of the teachers of the school as shall be designated by the local board for that purpose, and those who pass such examination shall be admitted to all the privileges of the school, free from all charges for tuition or for the use of books or apparatus, but every pupil shall pay for books lost by him, and for any damage of books in his possession ; any pupil may be dismissed from school by the local board for immoral or disorderly conduct, or for neglect or inability to perform his duties. § 6. The Superintendent of Public Instruction shall prepare suitable diplo- mas to be granted to the students of such school who shall have completed one or more of the courses of study and discipline prescribed ; and a diploma signed by him, the chairman and secretary of the local board, and the principal of the school, shall be of itself a certificate of qualification to teach common schools; but such diploma may be annulled for the immoral conduct of its holder, in like manner as provided for the annulment of a diploma of State normal school, in title two, chapter five hundred and fifty -five of the Laws of eighteen hundred and sixty-four. The provisions of this section shall be ap- plicable to the Oswego normal training school. § 7. The sum of twelve thousand dollars shall be annually, and is hereby appropriated for the support of each of said normal and training schools to be organized under this act, payable out of the income of the common school fund, to be paid by the Treasurer, on the warrant of the Comptroller, upon the cer- tificate of the Superintendent of Public Instruction affixed to the proper ac- counts, verified by the oath or affirmation of the local board of each school; but none of the money hereby appropriated shall be paid for the purchase of any ground, site or buildings, for the use of such schools. Chapter 18. An act to amend an act entitled "An act in regard to Normal Schools," passed April seventh, eighteen hundred and sixty-six. Passed February 16, 1869 ; three-fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The act entitled " An act in regard to Normal Schools," passed April seventh, eighteen hundred and sixty-six, is hereby amended by adding thereto the following section : " § 8. Local Boards appointed under this act shall consist of not more than thirteen persons, and the office of any member of such Local Board, which now consists of more than thirteen members, is hereby declared vacant ; and the said Superintendent of Public Instruction shall appoint a new local board, and may fill, by appointment, all vacancies occuring in said local boards." Until the appointment of such new local board, and until a quorum of such board shall have entered upon the discharge of its duties, and during such time as any local board shall omit to discharge its duties, the said Superinten- 12 Cortland Normal School Controversy. dent is authorized to discharge the duties of such local boards, or any of its officers ; and the acts of said Superintendent in the premises shall be as valid and binding as if done by a competent local board or its officers, or with their co-operation. § 2 . This act shall take effect immediately. Chapter 348. An act concerning the grounds, buildings and property of the State provid- ed for Normal Schools, the custody, protection and preservation of the same, and the powers of local boards in relation thereto. Passed May 20, 1880; three- fifths being present. The people of the State of New York, represented in Senate and Assembly, do enact as follows : Section 1. The Local Boards of Managers of the respective Normal Schools in this State, shall have the custody, keeping and management of the grounds aud buildings provided or used for the purposes of. such schools, respectively, and other property of the State pertaining thereto, with power to protect, preserve and improve the same. § 2. Any willful trespass in or upon any of the buildings or grounds pro- vided or used for the purposes of any of said normal schools or wilful injury to any of said buildings or grounds, or any trees, fences, fixtures or other property thereon pertaining thereto, shall be a misdemeanor, punishable by fine and imprisonment, or either ; and concurrently with the courts of record, justices of the peace, police justices and courts of special sessions, in the towns and cities where said schools are situated, shall have the same jurisdic- tion of said offences as they have in other cases of misdemeanors within their jurisdiction. § 3. For the purpose of protecting and preserving such buildings, grounds and other property, and preventing injuries thereto, and preserving order, and preventing disturbances, and preserving the peace in such buildings, and upon such grounds, the Local Boards of managers of each of said Normal Schools shall have power, by resolution or otherwise, to appoint, from time to time, one or more special policeman, and the same to remove at pleasure, who shall be police officers with the same powers as constables of the town or city where such school is located, whose duty it shall be to preserve order, and prevent disturbances and breaches of the peace in and about the buildings, and on and about the grounds used for said school, or pertaining thereto, and protect and preserve the same from injury, and to arrest any and all persons makiug any loud or unusual roise, causing any disturbance, committing any breach of the peace, or misdemeanor, or any wilful trespass upon such grounds, or in or upon said buildings, or any part thereof, and convey such person or persons so arrested, with a statement of the cause of the arrest, before a proper magis- trate to be dealt with according to law. § 4. This act shall take effect immediately. CHAPTER II. THE ORGANIZATION AND OPENING OF THE CORTLAND NORMAL SCHOOL— FROM DECEMBER 16, 1868, TO MARCH 3, 1869— OFFICIAL INTERPRETATION OF THE LAW OF 1866— CARE IN SELECTING A FACULTY. According to the provisions of Chapter 4:66, Laws of 1866, the village of Cortland, by a vote of 231 to 12, appropriated, in round numbers, $100,000 for the purpose of securing one of the normal schools provided for by the act. The village deeded without reserve the grounds, building and furniture to the State. The expectation of the village is expressed substantially by Hon. H. S. Eandall, writing October 6, 1869 : That Mr. Eice urged the school on our people ; that this was his favorite place ; that the citizens of Cortland were to have their rights and privileges granted. This protective force was to be State authority lodged in a Local Board of management. Accordingly, at the proper time, the citizens carefully can- vassed the names of those whom they desired to be endowed with this State authority, in order to administer the affairs of the school, and placed them before Hon. A. B. Weaver, then State Superintendent. Under date of December 16, 1868, Mr. Weaver made ap- pointments as follows : Now therefore, pursuant to the Statute above mentioned, I do hereby ap- point as a Local Board for the management of said school, the following named persons, residents of the village of Cortland, to-wit : Henry S. Randall, Henry Brewer, R. Holland Duell, Charles Taylor, Frederick Hyde, Norman Chamberlain, Horatio Ballard, Arnold Stafford, William Newktrk. 14 CORTLAND NORMAL SCHOOL CONTROVERSY. The Board organized immediately by appointing Hon. Henry S. Randall president. Measures were taken at once to open the school as soon as practicable. The Board had before it the sug- gestions of Superintendent Weaver, sent December 16, 1868, ac- companying his order appointing the Board. This letter was as follows, and was addressed to Hon. Henry S. Randall : Permit me to suggest that if you intend to open the school early in the month of February next, one of the most imperative, as well as one of the most important duties that will claim the attention of the Board, will be the selection of a Principal, that you may avail yourselves of his advice and ser- vices in preparing and issuing a proper circular, and in making other necessary arrangements. I do not recommend indiscrete haste in this matter, but promptness and the utmost care. On the 21st of December, 1868, Hon. A. B. Weaver wrote again to Hon. H. S. Randall : Your promptness in calling a meeting of the Local Board of the Normal School at Cortland, is commendable. As you ask me to express my views in regard to a Principal, I would advise the Board to " make haste slowly," in the selection, and to obtain the right man if it takes all winter. But such delay will not be necessary. There will be plenty of applicants, but your choice will not be limited to them. ***** In my opinion the principal question to be determined with reference to a Principal is, whether he would be a good manager of the whole school. If by your remark that I said was " head-strong " you mean to express that impression of , you are mistaken. I intended to convey no such idea in reference to him, though I hope that, to a reasonable degree, it may prove to be the fact. ****** Before any appointment is made, the person who is to receive it should show himself, as well as his papers. I would appoint no stranger upon recommen- dation solely. Unless you know the man to whose care you propose to com- mit your school, he should present himself before you that you may exercise your practical judgment in respect to his manhood, his power, his presence, besides having satisfactory evidence of his scholarly attainments and moral fitness for such a responsible and honorable place. * * * * After the Board shall have come to a conclusion, and before a formal appointment shall have been made, I would be glad, if thought proper, to be advised of their contemplated action, that all conflict may, if possible, be avoided. In full accordance with the letter and spirit of Mr. Weaver's suggestions, members of the Local Board proceeded forthwith to secure a Principal. They spared neither time nor pains to ex- II. — Organization and Opening. 15 mine credentials and to interview candidates. In order that no mistakes should arise regarding the relations of authority between the Local Board and the Superintendent of Public Instruction, the President of the Board asked for an interpretation of the Statute in reference to the employment of teachers. Accordingly, Hon. A. B. Weaver, under date of January 19, 1869, wrote to Hon. H. S. Randall as follows : All persons employed and paid by the State to teach in the several departments of the Normal School at Cortland, should be employed in the usual manner, — on the recommendation of the Local Board, subject to the confirmation of the Superin- tendent, — and at fixed rates of salary. This explicit interpretation of the Statute was followed in the employment of the first teachers ; it established the uniform practice of concurrent authority between the Superintendent and the Board ; it is the construction which has always guided the Board in its action. The members of the Board proceeded immediately to select from the candidates those who were found acceptable for the positions to be filled by the Board. As showing the great care which was taken in the selection of the Faculty, especially the Principal, whose services were sought in selecting the remaining teachers, the subjoined extract from a letter by Hon. H. S. Randall, January 26, 1869, is sub- mitted. It is addressed to Supt. Weaver : Your appointment of the Local Board of our Normal School was made on the 17th of December last. The Board was organized on the 19th. I immedi- ately consulted you in regard to the selection of a Principal. In your reply, December 21st, you said: "I would advise the Board to make haste slowly in the selection and to obtain the right man if it takes all winter." * * * Immediately after the organization of the Board, the committee on teachers commenced a vigorous effort to find the proper person. I conducted the cor- respondence on behalf of the committee. Believing that it would be imprudent to rely on the recommendations sent in by applicants, I confidentially wrote to, or personally conferred with, a large number of eminent educators and others in regard to the qualifications of the several candidates. It frequently occurred that the persons so addressed had no personal knowledge of the candidate con- cerning whom the enquiries were made, but referred me to other designated persons. These in turn were communicated with without delay. I can truly say that I never lost an hour unnecessarily in writing or otherwise applying for any available information which promised to be useful, and my colleagues 16 Cortland Normal School Controversy. and other friends of the institution aided in these enquiries. * Two or three weeks had elapsed before some of the most prominent ones (can- didates) were before the committee. With the utmost diligence which could be exercised, facts enough were not ascertained, in the judgment of the teachers' committee, to warrant definite action toward the selection of a Prin- cipal — for obvious reasons our first object — until about three weeks had elapsed. Hon. Henry S. Randall, wrote to Hon. A. B. Weaver, Feb- ruary 19, 1869 : At a regular meeting of the Local Board of the Cortland Normal and Training School, held February 19th inst : the committee on teachers unani- mously recommended the employment of the following teachers for said School, at the salaries placed opposite their several names; and the Board unanimously adopted said report and resolved to employ said teachers at such salaries, subject to the approval of the Superintendent of Public Instruction: JAMES H. HOOSE, Superintendent, and Teacher in Didactics and Moral Philosophy $2,500. Thomas B. Stowell. Teacher of Natural Science, 1,400. F. S. Capen, Teacher of Mathematics, _ . .-. 1,400. Miss Martha Roe, Superintendent of Intermediate and Primary Departments, and Teacher of Methods and their application to objects, 800. Superintendent Weaver, under date of February 23d 1869, approved the list of teachers that was sent to him. (See Ch. YI.) The School opened March 3, 1869. At the close of the term the rolls showed 57 different normal students. CHAPTER III. CHANGES IN THE LOCAL BOARD — THE FIRST WAS MADE SEPTEMBER 11, 1872— THE SECOND, SEPTEMBER 12, 1876— THE THIRD, OCTOBER 28, 1879— DIFFERENCE IN THE MANNER OF APPOINTMENT BY THE SUPERINTENDENT— CONSEQUENCES OF THIS. The school prospered under the management of the Local Board. The first event that occupied the attention of the Board in regard to its membership was the vacancy caused by the death of Mr. Arnold Stafford, which occurred June 27, 1872. Super- intendent Weaver, being desirous of the welfare of the school, requested the Board to recommend to him a gentleman for the vacancy, who should be well qualified for the position. Accord- ingly the Board gave diligent attention to the matter, consulting the representative character of the man, his position in the vil- lage, his integrity, and his disposition to serve the State in a de- voted and unselfish manner. The Board formally recommended Mr. Robert B. Smith, who was thereupon appointed by the Superintendent, the appointment bearing date of September 11, 1872. The second change in the membership of the Board was caused by the death of Hon. Henry S. Randall, August 12, 1876. In due time the Board formally recommended for the vacancy Mr. Henry Hubbard, a representative citizen of Cortland, to the Superintendent, then Hon. Neil Gilmour, who was elected in April, 1874. In this proceeding the Board followed their former practice and the custom which prevails substantially with the other normal schools in the State having Boards seated 18 Cortland Normal School Controversy. by the Statute of 1860. The Board never received any response to their communication. After waiting some weeks, Mr. Gil- monr sent to the Board the appointment of Mr. J. S. Squires as a member thereof. The Board appointed Dr. Frederick Hyde president. Members of the Board sent a joint letter to Mr. Gil- mour explaining the action they had taken in recommending Mr. Hubbard. Mr. Gil m our, September 23, 1870, wrote to the secretary of the Board a letter in which he says : I trust that the appointment may be satisfactory * * and that you will continue to be * * a harmonious body, earnest and anxious, both individually and collectively, for the success and prosperity of the school, whose interests are in your immediate charge. The third change in the Board was upon the death of Hon. Horatio Ballard, who died October 8, 1879. October 28, fol- lowing, Mr. Gilmour appointed Mr. J. C. Carmichael to the vacancy, not having had any consultation with the Board in re- gard to the matter. Up to the advent of Mr. J. S. Squires into its deliberations there never had been a divided vote in the actions of the Board. It had been the pride of the members to act harmoniously and unanimously as a Board upon all questions, however great might be the diversity of opinions among the individuals. Hon. H. S. Randall gave the ideal for this action which the Board never forsook up to this time, 1870. Mr. Randall, upon taking office, December 19, 1808, said : The Normal . School has been founded at great cost. It belongs to the ■people and should be managed equally for the benefit of all. Conducted with harmony, wisdom and energy, it will be productive of incalculable advantages; conducted without these, it will end in failure. The chief prerequisite to suc- cess—that without which all others will prove unavailing — is unity of feeling and action. Differences of opinion may arise, but if they are discussed in a spirit of conciliation and concession, * * * we shall have little difficulty, I apprehend, in ultimately deciding every question with unanimity. * * * * It would be to me the proudest circumstance of my official connection with you, gentlemen, if during the period of that connection, our minutes give proof of this good temper, (unani- mity) good sense, and mutual, manly concession. (See Report of Sup't. Public Instruction, 1877, p. 168.) CHAPTER IV. CONCURRENT AUTHORITY TO DISMISS A MEMBER OF THE FACULTY. THE PROCEEDINGS WERE INITIATED BY THE BOARD AND APPROVED BY THE SUPERINTENDENT. The first and only case (at date) of dismissing a member of the Faculty occurred in January, 1877. The President of the Board, Dr. F. Hyde, instituted a correspondence which is given below. Dr. Hyde wrote to Mr. Gilmour, date of December 11, 1876: For considerable time past there have been complaints made that the duties of the teacher in our school were not discharged with sufficient ability. Our first thought was that the objections to were without weight, and we hoped that continuance in the faculty would contribute to the best interests of the Institution. We have carefully considered the objec- tionable features in teaching, and while perhaps we have been slow in concluding that a change of teachers was necessary, we are now well convinced that the interests of this Department as well as the general good of the School require that place should be filled by one better qualified to meet its requirements. We preferred to consult you early before any measure was proposed. Should you think with us that a change should be made you will so advise us. Mr. Gilmour, under date of December 15, 1876, answered Dr. Hyde : I have carefully considered your letter in regard to . If, in the opinion of the Board, the interests of the school would be furthered by the resignation of and the appointment of a successor I know of no reason why I should not concur in such action. January 6, 1877, the Board formally called for the resigna- tion of the said teacher, and sent a copy of their resolution to Mr. Gilmour. 20 Cortland Normal School Controversy. Under date of January 19, 1877, Mr.' Gilmour wrote the Board : I hereby approve the resolution adopted by the Local Board of the Cortland Normal School, at a meeting held on the 6th inst., calling for the resignation of . Following this letter, January 20, 1877, Mr. Gilmour by letter requested the Board to modify their request calling for the before mentioned resignation. The Board immediately met, discussed the case, and reaffirmed their action of the 6th inst. Notice of this action was sent to Mr. Gilmour, who January 26, 1877, wrote : Inasmuch as the Local Board are unanimously of the opinion that it would be detrimental to the interests of the school to continue , I renew my approval of the resolution adopted January 6th, asking for resignation. Mr. Gilmour, alluding, May 2, 1877, to this dismissal, wrote of it as having been done by the Board. He says : " At the close of last term the Board discharged," etc. CHAPTER V. MR. GILMOUR'S REMARKABLE ORDER— HE DIRECTS THE BOARD TO RENOMINATE THE ENTIRE FACULTY, THE DAY FOLLOWING HIS CONFIRMATION OF A MEMBER OF IT- THERE WERE NO VACANCIES, NO RESIGNATIONS— ORDER MADE JUNE 12, 1877— THE BOARD DECLINE TO COMPLY. Th e only chair in the school that was not permanently filled June 12, 187&, rw&s filled by Mr. Gilmour in his confirmation of the teacher, dated June 11, 1877. This teacher was nominated by the Board April 7, 1877. Mr. Gilmour, having given as a reason that he wished "to straighten up the books in the office" at Albany, sent to the Board, June 12, 1877, a letter directing the Board to renominate all the Faculty. At this time there were no vacancies in the Faculty ; no teacher proposed to resign ; no teacher wished, or expected to resign ; no teacher was ex- pected or was asked to resign either by the Board or by Mr. Gilmour, so far as anything was said or done. The following is from Mr. Gilmour's letter of June 12, 1877 : Please call a meeting of the Local Board of your school at an early day, and have them renominate to me all who are proposed as teachers for the year commencing next September. The list should state the precise nature of the duties to he performed by each teacher, and the salary proposed to be paid. The Board met and sent to Mr. Gilmour a simple statement relating to the Faculty as the Board wished to have them con- tinue ; no renominations were made, because there were no va- cancies, and no teacher was absent from duty except the one just confirmed by Mr. Gilmour. This statement was destroyed by 22 Cortland [Normal School Controversy. fire a few months ago, and hence no copy is inserted here. Mr. G-ilmonr acted upon this statement as if it had been a nomination of a number of teachers, and quite to the surprise of the Board wrote to the Secretary, July 5, 1877, what purported to be his approval. For the change in the form of the approval see the next chap- ter. CHAPTER VI. FORMS OF CONFIRMATION OF TEACHERS— SIGNIFICANT CHANGES INTRODUCED BY MR. GILMOUR— FIRST MADE JUNE 11, 1877; THEN JULY 5, 1877. Below are given the confirmations of the members of the Faculty that belonged to the school September 1, 1880. It will be noticed that the first change in the form of confirmation was introduced by Mr. Gilmour June 11, 1877, and still other changes were made in his purported confirmation of July 5, 1877. These modified forms are not provided for by the Stat- ute, and assume legislative powers. I. — Forms Used by Supt. Weaver. Superintendent Weaver, under date of February 23, 1869, addressing President Randall of the Local Board, wrote : The action of the Local Board of the Cortland Normal and Training School at a meeting held February 19th, 1869, in selecting the following named Professors and Teachers for said school, at the salaries set opposite their names, respectively, is hereby approved and confirmed; to wit: /. JAMES H. HOOSE, Superintendent; Teacher in Didactics and Moral Philosophy — Salary $2,500 per annum. III. F. S. Capen, Teacher of Mathematics, Salary, $1,400 per annum. IV. Thomas B. Stowell, Teacher of Natural Science, Salary, $1,400 per aimum. V. Miss Martha Roe, Superintendent of Intermediate and Pri- mary Departments, and Teacher of Methods and their application to Objects, Salary, $800 per annum. Superintendent Weaver, under date of July 22, 1869, wrote : 24 Cortland Normal School Controversy. The following nominations of teachers, as made by the Local Board at the meeting of July 13th, 1869, are hereby approved and confirmed : j * * * * -x- # * IT. Miss M. F. Hendrick, Teacher of Elocution and Gymnastics, Salary, $600 per annum. j jf # * # # * * * All the above confirmations to date from the begining of the next term of school. Mr. Weaver, date of August 19, 1870, wrote to the Board : In accordance with the recommendations of the Local Board the Salaries of the following named teachers are hereby increased, as follows : Miss Roe's from $800 to$900 per annum. Miss Hendrick 's from $600 to $750 per annum. Under date of November 24, 1.871, Supt. Weaver wrote to the Board : Upon the recommendation of the Local Board, and upon the conditio ns named in my letter to you of June 8th, 1871, the salary of Prof. Stowell, teacher in Natural Sciences, is hereby fixed at the rate of $1,700 per annum, to date from beginning of current term of school (September 6, 1871.) Superintendent Weaver sent the following, bearing date March 12, 1872 : The nomination of Miss Emily E. Cole as Critic in the Primary Depart- ment of the Cortland Normal School, * * * * is hereby con- firmed, to date from the beginning of the present term. Her salary is fixed at the rate of per annum. Mr. Weaver, date of July 12, 1872, wrote to Hon. H. S. Randall : The nominations of the following named persons as teachers in the Cortland Normal School, as made at a meeting of the Local Board held June 22, 1872, are hereby approved, and said persons are hereby confirmed as teachers in said school, at the rate of salary stated opposite their respective names: I. Miss Clara E. Booth. Teacher of Modern Languages, vice resigned, Salary at the rate of $700 per annum. Under date of January 29, 1873, Mr. Weaver wrote : Upon recommendation of the Local Board, the salary of Miss Emily E. Cole is increased to $700 per annum, to date from the beginning of next term. December 2, 1873, Supt. Weaver wrote : Upon the recommendation of the Local Board, the following named per- YI. — Forms of Confirmation of Teachers. 25 sons are hereby confirmed as teachers in said school, to date from the begin- ning of the term: (September, 1873.) I. Sarah A. Saunders, Critic in Primary Department, Salary, . $600 per annum. This Salary was subsequently increased to $700, upon recom- mendation of the Board. January 28, 1874, Supt. Weaver wrote : The nominations of the following named persons as teachers in the Cort- land Normal School are hereby approved and confirmed : 77. E. P. Halbert, Vocal Music and Drawing, vice resigned, Salary, $550 per annum. II. — Forms Used by Supt. Gilmour : November 22, 1876, Mr. Gilmour wrote : The nomination of Miss Elizabeth Rase as Principal of the Intermediate Department, vice , resigned, is hereby confirmed, to take effect from Sep- tember 6, 1876, Salary $700 per annum. Mr. Gilmour wrote, November 22, 1876 : The nomination of Mrs. Lottie T. Corlew, as Critic in the Intermediate Department, vice Miss Rase promoted, is also hereby confirmed, to take effect from September 6. 1876, Salary, $700 per annum. June 11, 1877, Mr. Gilmour introduced the first of his changes in the form of appointment, by adding" the clause "to continue daring the pleasure of the Local Board and the Super- intendent of Public Instruction." Upon the recommendation of the Local Board of the Cortland Normal School I hereby confirm Mr. James M. Milne as teacher in said school * * * * , This appointment to take effect at thu beginning of the fall term, 1877, and to continue during the pleasure of the Local Board and the Su- perintent of Public Instruction. The salary of Mr. Milne is hereby fixed at the rate of per annum. July 5, 1877, Mr. Gilmour introduced still other clauses in his purported confirmation — that relating to dismissal — and the elaborate specification about the duties of the Principal : Upon the recommendation of the Local Board of the Normal and Training School at Cortland, made at a meeting held on the 23rd ult., I hereby approve of the following nominations, and confirm the persons named as teachers in said school, to take effect at the beginning of the fall term in 1877. Said ap- pointments to continue in force during the pleasure of the Local Board and tfte 26 Cortland Normal School Controversy. Superintendent of Public Instruction, but no teacher to be discharged or compelled to resign, except with the approval of the Superintendent. Salaries to be paid at the rates stated opposite the names of the respective teachers. The work of the teachers to be subject to change by the Local Board, subject to the approval of the Superintendent : I. JAMES H. HOOSE, Principal, with such work as may be assign- ed him by the Board, subject to the approval of the Superinten- dent of Publie Instruction. Salary, $2, 500 per annum. 77. Thos. B. Stowell, Natural Sciences; Salary,. 1,700 per annum. 777. Frank S. Capen, Mathematics; Salary, 1,600 per annum. IV. James M. Milne, Latin and Greek; Salary, ._. 1,400 per annum VI Martha M. Roe, Methods and Superintendent of School of Practice; Salary, $ 900 per anu urn. F77. Mary F. Hendrick, Rhetoric, Elocution, Composition, and Eng- lish Literature ; Salary, $ . 750 per annum. F777. Clara E. Booth, French and German ; Salary. 700 per annum. IX. Emily P. H albert. Vocal Music and Drav ing; Salary, ,. . % 550 per annum. X. Elizabeth Rase, Principal and Critic of Intermediate Depart- ment ; Salary, $ 700 per annum. XL Lottie T. Corlew, Methods and Critic in Intermediate Depart- ment ; Salary, $ 700 per annum. XII Emily E. Cole, Principal and Critic in Primary Department; Salary, % 700 per annum. XIII Sarah A. Saunders, Methods and Critic in Primary Depart- ment ; Salary, $ 700 per annum. In view of the long and faithful services of Professor Capen, I have in- creased his salary to $1,600 per annum, as recommended by the Board. The Board recommended at the same time that the Salary of Miss Koe should be increased to $1,000, but Mr. Gilmour has never alluded to it in writing to the Board. Professor S. J. Sornberger was last employed in August, 1878, beginning his work September 2, 1878, with the opening of the term. The letter containing his confirmation was destroyed by fire, hence the form is not included. Mr. Gilmour introduced still another form of confirmation, not provided for by the Statute, in his purported appointment of Professor Cassety to Cortland, August 4, 1880. It is : This appointment to remain in force during the pleasure of the Superinten- dent of Public Instruction. (See Ch. XI, No. 9.) CHAPTER VII. MR. GILMOUR REQUESTS THE LOCAL BOARD TO ALLOW DR. J. H. HOOSE TO TAKE CHARGE OF THE FREDONIA NORMAL SCHOOL— DONE IN AUGUST, 1878— CONCURRENT POWERS- CONCEDED ACCEPTABILITY OF DR. HOOSE'S ADMINISTRA- TION. Dr. J. W. Armstrong, Principal of the Fredonia Normal School, died in August, 1878. The Local Board of that School nominated a successor, whom Mr. Gilmour, desiring* another candidate, did not wish to approve. In this state of the case Mr. Gilmour summoned the Principals to meet him at Utica, August 24, for counsel. At this meetiug it was arranged that he should go directly to Fredonia and see if that Board was willing that he should detail Dr. Hoose from Cortland to that school until permanent arrangements could be made. At this time, and during the previous years of the history of the Fredo- nia School, under Dr. Armstrong, J. M. Cassety was Vice-Prin- cipal of the Normal School at Fredonia. Mr. Gilmour proceeded to Fredonia, returned to Albany, and wrote to the Cortland Local Board, requesting that Dr. Hoose be allowed to go to Fredonia. The Board formally granted the request. The Cortland Board nominated Professor T. B. S to well, of the faculty, to be acting Principal at Cortland during the absence of Dr. Hoose at Fredonia, and the nomination was confirmed by Mr. Gilmour. The following correspondence explains more minutely the further history of the case. 28 Cortland Kormal School Controversy. (telegram.) Fredonia, N. Y., Aug. 26, 1878. Keceived at Cortland, 2-30 P. M. To Dr. James H Hoose. Go to Fredonia. Will write to-morrow from Albany. Neil Gilmour, Superintendent. State op New York, Department of Public Instruction, ) Superintendent's Office. Albany, August 27, 1878. ) Dr. Jas. H, Hoose, Cortland, N. Y. Sir: — It has been arranged entirety satisfactorily and unanimously that you take charge of the Fredonia Normal School from its opening, one week from to-morrow, until arrangements can be made for a permanent principal. You will receive a cordial welcome. This is decided^ the best thing that can be done under the circumstances, and I thank you for consenting to go. You may go as soon as you wish, but it seems to me you had better reach Fredonia not later than Monday evening. I enclose a letter of introduction to Louis McKinstry, Secretary of the Board. If you wish to see me personally before you go, I will appoint a time ; it does not seem to me, however, to be necessary. You are to go there with full powers as principal. I have writ- ten to the Secretary of jour Local Board. • Your obedient servant, Neil Gilmour, Superintendent. Office of The Fredonia Censor, [ W. McKinstry and Son, Proprietors. Fredonia, N. Y., August 30, 1878. ) Dr. J. H. Hoose, Dear Sir: — The more our community learns of you and from those who know you, the greater is the general satisfaction that you are to have charge of the Normal School. You will be cordially welcomed and heartily sustained. We shall look for you next Monday. Very respectfully, Your obedient servant, L McKinstry, Sec. Local Board. State Normal and Training School at Fredonia, "j Chautauqua County, N. Y. ( J. H. Hoose, Ph. I)., Principal; Hon. L. Moeris, President f Local Board; L McKinstry, Secretary. * October 24, 1878. J Hon. Neil Gilmour, Superintendent of Public Instruction, Albany, N. Y. : Dear Sir: I wish to congratulate you upon the happy termination of the interregnum here. At 10 a. m. to-day the Board met, your telegram having come to hand last evening. After a free, full and pleasant canvass, Professor- Palmer was unanimously elected. The best of harmony prevails and all feel pleasant. Expectation was all important — and immediate success has ap- proved it. I feel that a very profitable and pleasant career awaits Professor VII. — Dr. Hoose at Fredonia. 29 Palmer's efforts here. The people will give him a cordial welcome, I am sure. I shall give him all needed assistance before going away, and hope to leave next Tuesda} r evening or Wednesday morning. I have had a delightful time here in all that the citizens, Faculty and Board could do for me, although my labors have been very delicate, intricate, diffi- cult, and literally endless. I have tried to serve the cause with all my power, and have devoted my whole energies to the school. If I have succeeded in my work, count it all for the State and nothing for myself personally. You will always consider my services at prompt response when called for by the Department of Public Instruction for the cause of our common educa- tional labors in any field where I can do work. Most truly yours, J. H. HOOSE. Extract from the Twenty-fifth Annual Report of the Super- tendent of Public Instruction, 1879 : Page 26.] Dr. John W. Armstrong, for many years Principal of the Fredonia Normal School, died on the 12th d-a.y of August, 1878. He had obtained an enviable reputation as a scholar and teacher. Dr. James H. Hoose," Principal of the Cortland Normal School, was detailed to fill the position temporarily, until a permanent Principal could be secured. The Local Board and the Superinten dent of Public Instruction have secured the services of Professor Francis B. Palmer, recently vice-principal of the Brockport Normal School, for this position. Regarding the work of the Principal while at Fredonia, the following testimonial is submitted : Pages 116-7.] At a meeting of the Local Board of the State Normal and Training School at Fredonia, held October 26, 1878, the following was unanimously adopted: In view of the notice from Dr. J. H. Hoose, that he must soon retire from the charge of the Fredonia Normal School, to which he has been temporarily detailed, and resume his duties as Principal of the Normal School at Cortland, the Local Board at Fredonia desire to express their appreciation of Dr. Hoose and his services here. We have found him remarkably able in school manage- ment— severe and strict, but always pleasant and kind, governing his pupils on principle, and guided by a sound philosoph} 7 " of discipline and culture — never by caprice. These principles tend to bring the school to a high degree of that true discipline which maintains the self-control and self-respect of the pupils, and also their invariable respect for authority. Dr. Hoose is also highly successful in inspiring his students with ambition for thorough scholarship, and more than all to cherish those solid elements of personal character which 30 Cortland Normal School Controversy. constitute and adorn true men and noble women. For these reasons, and also on account of our very pleasant personal and official relations, we sincerely regret the departure of Dr. Hoose, and he bears with him on his return to Cortland our official commendation, and our personal good wishes for his prosperity and happiness, in which sentiments we believe this entire com- munity concurs. Resolved, That a copy of the foregoing testiminial, officially signed, be pre- sented to Dr. Hoose, and that duplicates be sent to the Local Board of Cort- land Normal School, and to the State Superintendent of Public Instruction. CHAPTER VIII. ADDITIONAL FACTS RELATING TO THE ATTITUDE OF MR. GILMOUR TOWARDS THE NORMAL SCHOOL SYSTEM— HIS ADMINISTRATION OF THE AFFAIRS OF THE CORTLAND NORMAL SCHOOL— HIS REFUSAL TO MEET THE BOARD— HIS SATISFACTION WITH THE SCHOOL. The attitude of Mr. Gilmour towards the Normal School System, when it was under adverse criticism, as he presented his views in his annual report, gave the friends of the Normal Schools much anxiety. In 1877, the system was attacked in the Legislature ; but the friends of the schools, led by Hon. J. I. Gilbert, sustained their claims to public support. Mr. Gilmour was re-elected in April, 1877. He called a special meeting of the Principals of the Normal Schools in December 1877, follow- ing. The meeting was held December 6 — 7, in the Albany High School building, Mr. Gilmour presiding. Among the mat- ters brought before the meeting was that Mr. Gilmour's report had given occasion for misconceptions in the minds of the people , regarding the actual history and work of the Normal Schools, their functions, and their principle of organization. The Prin- cipals regretted the statements referred to. Mr. Gilmour alluded by name to two of the Principals who, he alleged in substance, had manifested a lack of sympathy for him in his late canvass ; he characterized Dr. Hoose as chief aggressor in this matter ; he continued, in effect, that whatever opinions the Principals might entertain in regard to supporting him for Superintendent in his 32 Cortlajsd Normal School Controversy. canvass, they must obey him, although wherein there had been disobedience was not made clear. This assumption of Mr. Gil- mour to take the control of the Principals entirely out of the hands of the Boards, Dr. Hoose and the Cortland Local Board have never approved nor conceded. Mr. Gilmour was first elected State Superintendent in April, 1874. During his entire administration he has met the Cortland Local Board but once. The President urged him frequently to meet the Board and counsel with it, but he declined. He has very seldom met any of the officers of the Board when visiting Cortland ; still fewer times has he counselled or advised with them about the affairs. of the school. He has never intimated to the Principal that the school was declining in aught, or that the Principal should modify his course with reference to it. He haSjinstead, spoken of the school as being one of the very best in the state. Mr. Gilmour visited the village and school May 24 — 5, 1880, but said no word to the Principal or to any officer of the Board that there was any failure or lack anywhere in the condition of the School. On the contrary, he found it in the en- joyment of its highest prosperity, as the Principal placed before him the facts of attendance, and other matters relating to the state of the school. In the canvass for State Superintendent, session of 1880, Dr. Hoose gave his support to another candidate, Mr. Gilmour also being a candidate as his own successor. (See Cli. IX, letter No. 5.) CHAPTER IX. MR. GILMOUR'S SUDDEN DEMAND OF THE PRINCIPAL OF THE CORTLAND NORMAL SCHOOL FOR HIS "PEREMPTORY RES- IGNATION "—THE PRINCIPAL REFUSES TO RESIGN-THE- BOARD, BY SEVEN TO TWO, ASK MR. GILMOUR FOR ANY CHARGES, IF PREFERRED— HE WRITES THAT THERE ARE NO CHARGES. June 28, 1880, Mr. Gilmour wrote to Dr. Hoose, demanding his resignation. The letter reached Cortland on the 29th, com- mencement day. The Board met, June 30, and asked Mr. Gilmour for charges against the Principal. This was done by a vote of seven to two ; Mr. Gilmour s two appointees, Messrs. Squires and Carmichael, voting in the negative in this, and also in all the subsequent actions related in this history. Dr. Hoose refused to resign, July 8. The following is the letter referred to, and subsequent corre- spondence. No. 1. Mr. Gilmour to Dr. Hoose. Albany, June 28, 1880. Dr. James H. Hoose, Principal, &c, Cortland Village, N. Y.\ Sir: — You will oblige me by transmitting your peremptory resignation as Principal of the Cortland Normal School, to take effect at the end of the cur- rent school year. I have notified the Local Board of my request for your resignation, which, if made and accepted before the sixth of July next, will obviate the necessity of taking other means which might otherwise become necessary. Your obedient servant, Neil Gilmour, Superintendent, 34: CORTLAND NORMAL SCHOOL CONTROVERSY. No. 2. Mr. Gilmour to the Local Board. State of New York, Department op Public Instruction, ) Superintendent's Office. Albany, June 28, 1880. f Norman Chamberlain, Esq., Secretary Local Board of tJie Cortland Normal School, Cortland Vdlage, N. T. : Sir: — Please communicate to the Local Board of the Cortland Normal School the fact that I have requested Dr. James H. Hoose, Principal of the School, to send in his peremptory resignation, to take effect at the end of the current school year. Be kind enough to notify me, as early as the sbJh daj r of July next, what action, if any, the Board may have taken in the matter. Your obedient servant, Neil Gilmour, Superintendent. No. 3. Local Board to Mr. Gilmour. At a meeting of the Local Board of the Cortland Normal School, held on Wednesday, June 30, the following resolution was introduced by Hon. K. H. Duel!, and adopted by the Board : Whereas, The Honorable Superintendent of Public Instruction has notified this Board that Dr. James H. Hoose has been requested to resign his position as Principal ; and Whereas, An earnest desire is manifested by our citizens that Dr.- Hoose should remain in charge of the school ; and Whereas, This Board, before taking action upon the communication of the Superintenent, are desirous of knowing whether charges have been preferr- ed against Dr. Hoose ; therefore, Resolved, That the Honorable Superintendent of Public Instruction be respectfully requested to inform this Board whether any, and if so, what charges have been so preferred. No. 4,. Mr. Gilmour to the Local Board. State of New York, Department of Public Instbuction, ) Superintendent's Office, Albany, July 6, 1880. ) Norman Chamberlain, Esq., Secretary, &c, Cortland Village, N. Y. : Sir: Your communication of the 1st instant, acknowledging mine of the 28th, and enclosing a resolution adopted by the Local Board of the Cortland Normal School, requesting me to inform them, before taking any further action jn the matter, if aoy charges had been preferred against Dr. House, principal of the school, and if so, their nature, was received during my ab- sence from the city. I embrace the earliest opportunity to reply, and respectfully state that no formal charges against Dr. Hoose have been presented to me. My request for Dr. Hoose's resignation is in a large measure the result of personal observa- tions extending over a series of years, and a firmly settled conviction that the XI. — Dr. Hoose's Record as a Teacher. 35 best interests of the cause of Education, and especially of the Normal schools in this State. mUl be advanced by the retirement of Dr. Hoose from the princi- palship of the school. Should 1 be mistaken in this — and I do not believe I am — 1 propose to bear the blame myself. I neither ask nor desire the Local Board to share the responsibility with me. With all due respect to the Board, and to the distinguished gentlemen com- prising it, I submit that in my official acts as Superintendent of Public In- struction. 1 am amenable neither to it nor them, and I do not propose to have this case tried before the Local Board. Your obedient servant, Neil Gilmour, ^uuperintendent. No. 5. Br. Hoose to Mr. Gilmour. State Normal and Training School, / Cortland. Cortland County, N. Y.. July 8, 1880. J" Hon. Neil Gilmour, Superintendent PubUc Instruction, Albany, N. Y. : Dear Sir: The Superintendent's letter of June 28th, asking for my "per- emptory resignation" as principal of this school, was received on the 20th of June. By advice of counsel, I delayed the answer, awaiting the result of the request of our Local Board that the Superintendent furnish the charges, if any. that are preferred against me. Returning from the American Institute of Instruction, held at Saratoga, I found the Superintendent's answer to the Board, bearing the date of July 6th. Herewith is my answer to the request for my resignation. My appointment to my present position was made concurrently by the Local Board and Superintendent Weaver, February 23, 1869, and has never been reconsidered and disapproved. Acting under the wishes and advice of our citizens; of the alumni and undergraduates of our school; of the Local Board of our school ; of counsel; of prominent educators and legislators of the State; and because no charges are preferred against me; and in the consciousness that I have devoted honest and faithful labor to the tasks assigned to me by the State; and also conscious that I have acted only as becomes an educator and a citizen of the common- wealth — acting under these considerations, I must respectfully decline to com- ply with the request to submit my resignation. Under the circumstances, it may be pardonable if this letter be extended further. The Superintendent's letter of July 6th, to the Local Board, says: "My request for Dr. Hoose's resignation is in a large measure the result of personal observations extending over a series of } r ears." The present State Superintendent was elected in 1874, re-elected in 1877, and again in 1880. I have been in public life in educational affairs in this State nearly twenty-five years. Soon after the Oswego Normal School was organized as a State School, I was appointed to the chair of Assistant in Science in the Faculty of that school; but ill-health prevented any active labors there. Soon after the Brock- port Normal School was opened I was appointed to the chairs of Theory and Practice of Teaching, and Assistant in Science in that school, which position 36 Cortland Normal School Controversy. I held until I was appointed Principal of this school, in February, 1869, this institution opening its first term March 3, 1869. I have been engaged in insti- tute work quite constantly since 1857, becoming a regularly employed Con- ductor of Institutes in 1866, under Superintendent Victor M. Rice. 1 served as Conductor down to the summer vacation of 1877, when at my own request I was released from my engagement to conduct Institutes during that summer, because of my visit that season to Europe, to study educational affairs abroad. The Superintendent has not asked me to conduct any insti- tutes since that time. But in accordance with the wish of the Superintendent repeatedly expressed to the principals of the Normal Schools, that we should lecture at Institutes so far as was consistent with our duties towards our respec- tive schools. I have continued to deliver lectures frequently down to the present time. The Superintendent expressed himself to us that the influence of the Normal Schools could be extended for great good by this means widely over the State. He also preferred that the Principals themselves, when prac- ticable, should represent their respective schools before the teachers of the State assembled in Institutes. The Conductors of Institutes, without exception, have always welcomed us at their sessions. I have been faithful in carrying out this policy, for it has been wise. In August, 1878, Dr. J. W. Armstrong died, leaving the Normal School at Fredonia without a Principal, late in the summer vacation. The Local Board of that school consulted with the Superintendent in regard to filling the vacan- cy. It was deemed imperative by both the Local Board and the Superintend- ent that there be a Principal there to open the term, owing to the condition of the school. The Local Board and the Superintendent failed to agree upon the man whom they should place in charge, neither party being satisfied with the candidate of the other party. In this emergency the Superintendent summon- ed by telegraph the Principals to meet at Utica, August 24. At that meeting the Superintendent asked advice of the Principals. It was suggested that some Principal go to Fredonia and open the school September 4, and remain until a permanent Principal could be appointed . I placed myself at the disposal of the emergency. All approved heartily and commended my devotion to the cause. JThe Superintendent went immediately to Fredonia, consulted with that Local Board, und he invited me to assume temporary charge of that Normal School with their consent. The Superintendent wrote me of the arrangement, thanking me for my offer to open the school. He also wrote our Local Board to ask for leave of absence for me. The Board with characteristic courtesy, granted the request at once, out of regard for the Superintendent, and devotion to the cause of education. Our faculty cheerfully took the added responsibilities of w ork made necessary b) 7 my absence. I remained at Fredonia from Septem- ber 4, until the last of October, two months, when the school was placed under the charge of its present efficient Principal, Dr. F. B. Palmer. My adminis- tration there was warmly approved in resolutions passed by the Local board, and in words spoken to me personally by the Superintendent. My labors there IX. — Dr. Hoose's Record as a Teacher. 37 are matters of public record. (Superintendent's Report, 1879, pp. 26 — 7, and pp. 116—17.) Our school at Cortland has been remarkably prosperous, nev^- more so than during the past year, last fall term numbering 275 normal students, and the spring term numbering 270. During the year we have graduated thirty-eight teachers. In my administration of the affairs of this school, I have always been loyal to the directions of the Superintendent and Local Board; indeed my practice has been to confer always about the affairs of our school 'with the President of the Local Board, as well as other members of it. One high pur- pose has controlled us, which is, to serve the State interests first of all, and at all hazards. When the Superintendent, by his order of June 11, 1877, (see his report for 1878, pp.51 — 2) discontinued the academic departments of .the Nor- mal Schools at Geneseo, Brockport, Oswego, Potsdam, Buffalo and Cortland, and wrote to the Local Board of the Fredonia school, requesting that this de- partment be dropped from that school, the Local Board and myself carried out faithfully the order. The same order limited the number of sittings in schools of practice of all these schools to two hundred and fifty each This order has been observed. On the 4th of June,1878, the Superintendent revoked his or- der of June 11, 1877, so far as is related to the academic departments. (Super- intendent's Report, 1879, p. 27.) This order has likewise been honestly observed by our Local Board and myself since its promulgation. In short, it has been my first effort to administer faithfully the affairs of the school ac- cording to whatever regulations were set, under approval, for me to follow. I have attended all the regular semi-annual and special meetings of the Principals, with the exception of that held at Buffalo, October 14-16, 1879, at which time sickness in our Faculty forbade my absence from the school. Our Principals' meeting was begun under Superintendent Weaver, in 1869, and in- cludes the Principals of the following schools, viz. ; Oswego, Potsdam, Buffalo, Fredonia, Geneseo, Brockport and Cortland. We have labored together most harmoniously, and with pure devotion to the welfare of the Normal Schools, inorcler to enable tliem to do more effectual work for the public schools of the State. The Principals have always been eager to unite with the Superintend- ent to promote the welfare of our normal and public schools. The Principals unitedly endeavored to secure the appointment of a Legislative committee to investigate the Normal Schools when they were under severe criticism. This committee was finally raised, with Hon. John I. Gilbert as chairman. The re- port of that committee has done much to set the schools right before the people of the State ; it is the first and only exhaustive exposition of the real condition and value of the Normal Schools of the State towards its public schools. Nothing ever reached either the Local Board or myself from these exam- inations, or from any other source, that led us to suspect even that the cause of education in the. State, and the welfare of the Normal Schools were in such a condition that their best interests demanded my retirement from the princi- palship of this school. On the contrary, we had every reason to believe that 38 Cortland Normal School Controversy. we were enjoying the honor of contributing our due share to the general effort put forth for the weal of the people. In addition to the foregoing labors, I have been among the advocates for consolidating all State school interests under one State Board of Education. My historical and comparative studies of our school system leave me no other alternative, if our public schools would attain their highest possibilities. I have gathered statistics, facts and opinions from official reports and sources, patiently collated them, and let them (tarry their own weight. " Measures, not men," has been my constant motto. These studies and addresses have been published and speak their own story, whatever their weight That I have been only one among many for a State Board will be evident in this. In 1874, the Principals advocated consolidation of school affairs un- der one State Board of Education. They appointed a committee of their num- ber to present the case before the Legislature, urging proper legislation. In 1877, the Principals again brought up and advocated the measure, when by resolution the Chairman of our meeting, the lamented Dr. Armstrong, brought before the Superintendent the measure, advocating his approval of the effort. The Superintendent intimated to us that he might not oppose the movement if it were the best thing to be done, although he saw grave objections to it, by which it was evident that he did not commit himself to the notion. The meet- ing was held in the office of the Normal School at Fredonia, May 22, 1877. In all these discussions and actions we exercised only those privileges and dis- charged those duties which rest within the province of every educator in Amer- ica who desires the welfare of his land. Again, and finally, during the legislative session of 1880, I advocated in an honorable way the election of Hon. John I. Gilbert to the position of Superin- tendent of Public Instruction. He had striven most bravely and successfully against strong opposition in the Legislature in order to shield the Normal Schools from suffering harm at the hands of their opponents; his committee had made an unanswerable report in support of the value to the State of our system of Normal Schools. These distinguished services in behalf of public education, added to his personal abilities and accomplishments, his devotion to our cause, and his moral integrity, were sufficient reasons for my preference and consequent course of exercising the rights of an American citizen. I am sure that this extended communication will be pardoned. The [superintendent's letter of July 6, to the Local Board, calls out this recital. Let the circumstances plead my excuse. With much respect, I remain, Yours, most truly, J. H. Hoose, Principal. CHAPTER X. MR. GILMOUR PURPORTS TO WITHDRAW HIS APPROVAL OF THE EMPLOYMENT OF DR. HOOSE—NOT CONCURRED IN BY THE LOCAL BOARD. Following this correspondence, Mr. Gilmonr purported to withdraw his approval of the employment of Dr. Hoose as Principal, thus claiming to terminate his connection with the school. The Board immediately met, declined to concur with the attempted removal, and sent a communication to Mr. Gil- mour expressing their position on the case. No. 6. Mr. Gilmour to Dr. Hoose. State of New York, Department of Public Instruction, ) Superintendent's Office, Albany, July 12, 1880. f Dr. James H. Hoose, Cortland Village, N. T. : Sir: Your resignation as Principal of the Normal and Training School at Cortland not having been tendered in accordance with the terras of my re- quest of the 28th ultimo, I have this day notified the Local Board of the with- drawal of my approval of your employment as Principal of said school, thus terminating your connection with said school. Your obedient servant, Neil Gilmodr, Superintendent. No. 7. Mr. Gilmonr to the Local Board. State of New York, Department of Public Instruction, ) Supkrintendent's Office, Albany July 12, 1880. f Norman Chamberlain, Esq., Secretary, etc., Cortland Village, N. T. : Sir: The resignation of Dr, James H. Hoose, as Principal of the Normal and Training School at Cortland, not having been tendered as requested in my communication of the 28th ultimo, I hereby withdraw my approval of his em- ployment in said school, and direct that he be no longer employed therein, and that the Local Board at their earliest convenience recommend some competent 4:0 Cortland Normal School Controversy. person as Principal in his place. I enclose copy of an opinion which I have this day received from the Attorney-General in answer to a communication which I addressed to him on the 10th inst. , and referred to in the Attorney- General's letter, which I submit for the information of the Board. • Your obedient servant. Neil Gilmoub, Superintendent. PROCEEDINGS OF THE BOARD. The Local Board of the Cortland Normal School, held a meeting at the office of the school building at 8 p. m., Friday, July 16, 1880. Upon presentation of the letter of the Superintendent of Public Instruction, dated July 12th, purporting to remove Dr. J. H. Hoose from the principalship of the school, Hon. R. H. Duell submitted the following resolution, which was adopted : Resolved, That this Board do not concur with the Superintendent of Pub- lic Instruction in the removal of Dr. J. H. Hoose as Principal of this Normal School. Hon. R. H. Duell then presented the subjoining communica- tion to the Superintendent of Public Instruction. After it was read, Mr. Duell • offered the following resolution which was adopted : Resolved, That this communication be adopted as the views of this Board, signed by the Secretary, and forwarded to the Superintendent of Public Instruction. No. 8. The Local Board to Mr. Oilmovr. Sir : We have received your communication of July 12th, informing this Board that you have removed Dr. James H. Hoose from the position of Prin- cipal of this Normal School, and directing said Board "at their earliest con- venience to recommend some competent person as Principal in his place." This Board does not concur with the Superintendent in the attempted removal of Dr. Hoose, and believes that his removal cannot be effected without such concurrence. There being no vacancy, we deem it our obvious duty to respect- fully decline to make a new appointment It may not be improper to add that if there were a vacancy in the principalship of this school, and the services of Dr. Hoose could be obtained, we should regard it our plain duty to the State, which has devolved upon us something more than merely clerical duties, to re-appoint the present able, tried and successful Principal. In your communication of the 28th ultimo to the Secretary of this Board, informing us that you had requested Dr. Hoose "to send in his peremptory resignation," you request the Board to notify you "as early as the 6th day of X. — Attempted Removal of Dr. Hoose. 41 July next, what action, if any, the Board may have taken in the matter. " There were two ways in which the Board might have taken action : 1. The Board might have concurred with you in the removal of Dr. Hoose. 2. The Board might have non-concurred in the same. Although the Board had had long and ample opportunity of acquainting itself with the work of Dr. Hoose and its results, which opportunity, coupled with a sacred duty imposed upon us by the State, we are not conscious of hav- ing neglected, we nevertheless deemed it our duty to avail ourselves of every means whereby we might be enabled to arrive at a correct conclusion in the matter. We therefore respectfully requested the Superintendent of Public Instruction "to inform this Board whether any, and if so, what charges have been so preferred" against Dr. Hoose. To this communication you reply, under date of July 6th, ' ' that no formal charges against Dr. Hoose have been presented," and that your request for his resignation " is in a large measure the result of personal observations extending over a series of years." We were entirely unable to find in this reply any ground for reversing our firmly settled convictions " that the best interests of the cause of education," and especially of this Normal School, require the retention of Dr. Hoose in the principalship of the school. We, too, have had "personal observations extending over a series of years " in respect to the work of Dr. Hoose as Principal of this school. Six out of the nine original members of this Local Board have been such members from its organization, covering a period of eleven and one-half years. They all reside within the limits of the corporation of the village. They have had a deep interest in the success of the school, both as citizens and as public officers. They have, in a variety of ways, acquainted themselves with the work of the Principal. Under his supervision the school has had a continued and increasing prosperity. The prospects of the school were never better than at present, unless injuriously affected by this attempt to remove the Principal. To avert this threatened calamity to our school and the cause of popular education throughout the State, seems to us a plain and imperative duty. In respect to your personal observations " extending over a series of years,'' we must express our surprise in the view r of the fact that within less than two years you requested our Board to grant Dr. Hoose a leave of temporary absence for the very important and difficult task of reorganizing the Fredonia Normal School, then in a somewhat critical condition. This surprise is still further increased by yet more recent expressions made by you, while visiting this school, to the effect that you had that day — referring to this Normal School — visited the best school you had ever seen. In the communication of the sixth inst., above referred to, you are pleased to make use of the following words, namely: " In my official acts as Superin- tendent of Public Instruction, I am amenable neither to it (meaning the Board) ^ nor to them, (the members of the Board), and I do not propose to have this 6 42 Cortland Normal School Controversy. case tried before the Local Board. " It will be borne in mind that the only occasion for the above remark arose from a respectful request on our part to learn "what, if any, charges had been preferred" against Dr. Hoose. This Board has believed itself appointed for the purpose of discharging a very important trust, and has been in the habit of considering that great care is necessary in order to perform the duties involved in that trust intelligently and faithfully. We regret that there should be reason for saying that the portion of your reply last above quoted seems to spring solely from a consciousness of inability to assign any valid reason why we should concur with you in your attempt to remove Dr, Hoose. In conclusion, we need only repeat that in view of the great usefulness and growing success of the school under the principalship of Dr. Hoose, we most respectfully decline to concur with you in the matter of his removal. CHAPTER XI. MR. GILMOUR PURPORTS TO APPOINT PROF. J. M. CASSETY, VICE PRINCIPAL OF THE FREDONIA NORMAL SCHOOL, AS ACTING PRINCIPAL AT CORTLAND— NOT RECOGNIZED BY THE CORTLAND BOARD— THE BOARD OFFERS TO GO TO THE SUPREME COURT. The controversy was continued August -I, when the Board was notified by Mr. Gilmour that he had appointed Prof. Cas- sety, of Fredonia, acting Principal at Cortland. It should be re- marked in passing, that Prof. T. B. Stowell assumed the acting Principalship of the Cortland Normal School, in 1878, only up- on concurrent action of the Board and the Superintendent. (See Ch. VII.) But Prof. Cassety demanded of the Cortland Local Board that he be recognized as acting Principal of the school upon the approval of Mr. Gilmour, when the Fredonia Board had u taken no action whatever in regard to him," and he knew that the Cortland Board held that no vacancy existed in the Principalship. On the 7th of August Prof. Cassety came to Cortland and applied for permission to enter upon the discharge of the Principalship. The Board declined to recognize him, and submitted a proposition to Mr. Gilmour to agree upon a case and go to the Supreme Court for an interpretation of the Statute. Mr. Gilmour notified each member of the Faculty, as well as the Janitor, to report to Prof. Cassety as Principal. Prof. Cassety returned to Albany on the evening of August 7, having with him the resolutions adopted by the Board. 44 Cortland Normal School Controversy. No. 9. Mr. Gilmour to Prof. J. M. Cassety. State of Iew York, Department op Public Instruction, ) Superintendent's Office, Albany, August 4th, 1880 $" Prof. J. M. Cassety, Fredonia, N. T.: Sir — The Local Board of the State Normal and Training School at Cort- land having neglected their diUyunder the law, by refusing to recommend some suitable person as Principal of the school in place of Dr. James H. Hoose, whose connection with the school has been severed by the withdrawal of my approval of his employment, I have this day, exercising the authority vested in me under chapter 18, laws of 1869, appointed you acting Principal of said school, at a salary of $2,500 per annum, this appointment to remain in force during the pleasure of the Superintendent of Public Instruction. You will assume your duties as Principal of the school at once, and, at such time as you may deem necessary make a demand on the Local Board, or upon the late Principal, for such books, papers and documents as have been, or should be, in the possession of the, Principal of the school. Should your demand for such books, papers and documents be refused, you will notify me of the fact at once. I have notified each member of the Faculty of your appointment as acting Principal, and directed them to obey all your lawful instructions as such Principal. Your obedient servant, Niel Gilmour, Superintendent. No. 10. Mr. Gilmour to the Local Board. State of New York, Department of Public Instruction. ) Superintendent's Office, Albany, August 4th, 1880. [ Norman Chamberlain, Esq., Secretary, etc., Cortland Village, N. Y. Sir — Your communication of the 15th ultimo, in which you state that the Local Board of the State Normal and Training School at Cortland decline to comply with my instructions given under date of the 12th ultimo, to recom- mend some competent person for Principal of the school in place of Dr. James H. Hoose, was duly received. Inasmuch as I have withdrawn my approval of the employment of Dr. Hoose, thus, in my own judgment, and in the opin- ion of the Attorney-General, severing his connection with the school, it became the plain duty of the Board to recommend some person to fill the vacancy. I beg to call your attention to the provisions of Chap. 18, Laws of 1869, and to the opinion of the Attorney General thereon, a cop} 7 of which opinion is enclosed herewith. In pursuance of the authority vested in me by the provisions of the act above cited, I have appointed Professor J. M. Cassety, of Fredonia, acting Principal of the State Normal and Training School at Cortiand, and have fixed his salary at the rate of $2,500 per annum; this appointment to remain in force during the pleasure of the Superintendent of Public Instruction. I have noti- XI. — Appointment of Prop. Cassety. 45 fled Prof, J. M. Cassety and the members of the Faculty of the Cortland Nor- mal School of this appointment. Your obedient servant, Neil Gilmour, Superintendent. No. 11. Mr. Oilmmir to Each of the Teacliers and to the Janitor of the Cortland Normal School. State op New York, Department op Public Instruction, \ Superintendent's Office, Albany, August 4th, 1880. \ * * The Local Board of the State Normal and Training School at Cortland, having refused, as directed by me, to recommend any person as Principal of the school in place of Dr. James H. Hoose, whose connection with the school has been severed by the withdrawal of my approval of his em- ployment, I have this day, in pursuance of the authority vested in me by Chapter 18, Laws of 1869, appointed Professor J. M. Cassety acting principal of said school. You will report to him as principal at the proper time, and obey such lawful instructions as he may give you. Neil Gilmour, Superintendent. No. 12. Resolutions of the Local Board, adopted August 7. Whereas; The Superintendent of Public Instruction in his letter of August 4, 1880, has notified this Board that he has appointed Professor J. M. Cassety, of Fredonia, acting principal of the Cortland Normal School ; and Whereas; Dr. James H. Hoose was heretofore appointed principal of this school by the Local Board with the concurrence of the Superintendent of Public Instruction, to hold his place during the pleasure of the Local Board and said Superintendent; and ' Whereas; Dr. Hoose has never resigned his position, nor been removed therefrom, and is now filling the position of principal ; therefore Resolved, That this Board does not concur with the Superintendent in his attempted removal of Dr. Hoose, and respectfully declines to recognize Pro- fessor J. M. Cassety as acting principal of this school for the reasons set forth in this preamble. At the same meeting, the Board resolved to make the follow- ing proposition : No. 13. Proposition of the Local Board to Mr. Gilmour. Whereas; The Superintendent of Public Instruction, in his official letters to this Board, claims the right to remove Dr. James H. Hoose, from his posi- tion as principal of the Cortland Normal School, without the concurrence of said Board; and Whereas ; The members of the Board acting upon their understanding of the law, and under the advice of eminent counsel in other parts of the State, deny the power and authority of said Superintendent to make such removal without their concurrence; and 46 Cortland Normal School Controversy. Whereas: This Board is desirious that the question in difference should be decided at the earliest moment possible by a court of competent jurisdiction, to the end that the school may continue in the same line of prosperity and usefulness which has hitherto distinguished its progress; therefore Resolved, That the secretary of this Board notify the Honorable Superin- tendent of Public Instruction that the Local Board will, with his concurrence, agree upon a case containing a statement of the facts upon which this con- troversy depends, in pursuance of Section 1,579 of the Code, and submit the same to the General Term of the Supreme Court, for the Third Department. CHAPTER XII. CHANCELLOR ERASTUS C. BENEDICT, OF THE BOARD OF REGENTS, DECLINES TO CO-OPERATE WITH MR, GILMOUR TO REMOVE THE LOCAL BOARD WITHOUT A HEARING- MR. GILMOUR DOES NOT CALL FOR THIS INVESTIGATION. Rumors were afloat that Mr. Gilmour would apply to Chan- cellor Benedict to remove the majority of the Board. The Board had never taken any official action which it was not willing to have examined. If Mr. Gilmour should formally cite the members of the Board before the Chancellor, they would cheerfully accept the investigation which might be instituted to arrive at the merits in the case. Hon. R. H. Duell wrote to the Chancellor to this effect. In due time the following letter was received, which revealed the fact that Mr. Gilmour had made application to remove the Board. It may be further remarked that Mr. Gilmour never informed the Board of any attempt to remove the members, nor of any desire to give them a hearing before the Chancellor. Letter from Chancellor Benedict to Judge Duell. Cooperstown, N. Y. , August 14, 1880. Dear Sir: — Yours of August 9th I received yesterday afternoon. I had already informed Mr. Gilmour that I could not co-operate in removing either the Principal of the school or the Local Board without giving them a hearing if desired. Dr. Hyde sent me a printed copy of the proceedings of the Board. I am so entirely ignorant of the merits of the question, both as a question of law and one of expediency, that I cannot form any opinion on any of its points, and I do not see that there is likely to be any call for any opinion or intervention. I may be permitted, however, to express the wish that all the parties, and especially the school, may come out of it without injury. Respectfully, your obedient servant, Hon. R. H. Duell. Erastus C. Benedict. CHAPTER XIII. MR. GILMOUR OFFERS TO GO TO THE COURT, PROVIDED THE BOARD WILL FIRST GIVE UP ITS CASE BY ALLOWING PROFESSOR CASSETY TO BE PRINCIPAL— HE THREATENS TO CLOSE THE SCHOOL.— PROFESSOR CASSETY OPENS AN OFFICE AT THE MESSENGER HOUSE. Mr. Gilmour finally answered the proposition of the Board to go to the Courts, but insisted upon conditions that the Board declined to accept, because it held that there was no vacancy. Mr. G-ilmour threatened to close the school if his orders were disre- garded. The Board immediately circulated notices in the village that school would open as usual. Later, the Board was inform- ed by Mr. Grilmour, that Professor Gassety was on his way again to Cortland to open the school. He arrived, presented his credentials, was respectfully but firmly refused possession of the school. According to instructions from Mr. Gilmour, Professor Cassety opened an office in the Messenger House, at which he ordered the teachers to report to him. The Board authorized Dr. Hoose to notify the Faculty to report to him for duty, as usual, wdiich he did accordingly. No. 14. Mr. Gilmour to the Local Board. State of New York, Department of Public Instruction, ) Superintendent's Office, Albany, August 19. 1880 \ Norman Chamberlain, Esq. , Sec. , etc. , Cortland village, N. Y. : Sir: — I am in receipt of copies of the proceedings of a meeting of the Local Board of the State Normal and Training School at Cortland, held August 7, 1880, from which it appears that the Local Board refuse to recognize Pro- fessor J. M. Cassety, whom I have, under the provisions of Chapter 18 of the laws of 1869, appointed Acting Principal. I am also in receipt of the preamble and resolutions adopted at the same meeting of the Board, proposing to submit XIII. — Direct Conflict of Authority. 49 to the general term of the Supreme Court, Third Department, a case contain- ing a statement of the facts upon which controversy has arisen between the Local Board and this Department. I Avill agree with the Board in submitting such a statement provided that without prejudice to the rights of the Board, or of Dr. Hoose, the late Princi- pal, pending a decision of the case, Professor Cassety shall be recognized as the Acting Principal of the School, and be permitted to discharge the legitimate duties of the position without opposition or hinderance on the part of the Local Board. If this proposition shall not be accepted, and Professor Cassety shall be obstructed in the performance of his duties as Acting Principal by the Local Board, or by persons acting or assuming to act under their authority, I shall direct the closing of the school until such time as the lawful orders of the department are obeyed and respected. Your obedient servant, Neil Gilmour, Superintendent. -# No. 15. Advertisement of the Local Board. NORMAL SCHOOL. In order to correct any misapprehension that may exist in the community concerning our school, we take this occasion to announce that the Normal School will open its next term on Wednesday, September 1st, at 8:45 a. m. The committee on building and grounds are placing additional seats in the rooms of the Primary and Intermediate Departments in order to accommodate the children. Feederick Hyde, President Local Board. N. Chamberlain, Secretary Local Board. Chas. C. Taylor, Treasurer Local Board. Cortland, N. Y., August 21, 1880. No, 16. Mr. Gilmour to the Local Board. (Telegram). Albany N. Y., 2:30 p. m., August 23, 1880. Norman Chamberlain, Secretary, Cortland, N. T. Professor Cassety will reach Cortland this evening about nine o'clock, to begin his duties as Acting Principal of the Cortland Normal School. Neil Gilmour, Superintendent. No. 17. Mr. GKlmoar to Professor Cassety. State of New York, Department of Public Instruction, / Superintendent's Office, Albany, August 23, 1880. ) Professor J. M. Cassety: Dear Sir: You will proceed at once to Cortland village and enter upon the discharge of your duties as Acting Principal of the State Normal and Training School at that place. Should you be unable owing to the hostility of the Local Board, or from any other cause, to obtain access to the building, 7 50 Cortland Normal School Controversy. or possession of such books, papers and documents as should be in the hands of the Principal, you will establish a temporary office at some convenient place in the village, and cause public notice of the location of such office to be given. See at once as many members of the faculty as possible, explain the situa- tion to them fully, and cause it to be distinctly understood that my approval of the employment of any teacher who resists lawful authority and refuses to report to you will be promptl} r withdrawn. Present yourself at the school at the time of opening, show or explain your appointment, and thereafter govern your conduct by your own judgment, reporting to me at once all facts of importance. Your obedient servant, Neil Gilmour, Superintendent, No. 18. The Local Board to Dr. Hoose. Office of the State Normal and Training School, ) Cortland, N.' Y., August 24, 1880. \ Dr. J. II. Hoose, Principal, &c. , Cortland, N. Y. : Dear Sir: In order to correct misapprehensions, we notify you that you are hereby commanded to continue your duties as Principal of the Cortland Normal and Training School in this place, and you will open the school September 1, 1880. You are hereby directed to notify at once each member of the Faculty to report to you in time for duty for beginning the term, or at such time before September 1 as you shall name to them. You will be at special pains to explain to them that under the statute no salaries can be lawfully paid to teachers except the} r be first audited by the Local Board, as the statute says, of accounts, Chapter 466, Laws of 1866, Section 7, that they must be " verified by the oath of affimation of the local board of each school." You will further say that they will be paid their salaries provided they report to you for duty, and that in case any should re- fuse to do so, other teachers will be immediately appointed to said positions. Respectfully yours, P. Hvde, President of the Local Board. N. Chamberlain, Secretary of the Local Board, Chas. C. Taylor, Treasurer of the Local Board, R. H. Duell, Chairman of Teacher's Com. Thursday evening, August 26th, the Board met and made a formal answer to Mr. Gilmour's letter of August 19. No. 19. The Local Board to Mr. Gilmour. Whereas; Professor J. M. Cassety, of Predonia, claiming to be Acting Principal of the State Normal and Training School at Cortland, under in- structions from the Superintendent of Public Instruction, dated August 19, 1880, applies a second time to this Board for possession of the office, books, etc. , of said school ; and XIII. — Direct Conflict of Authority. 51 Whekeas; Dr. J. H. Hoose was duly appointed Principal of said school and has never resigned his position, nor been removed therefrom, and is now in the full and active discharge of all the duties of his office: therefore Resolved, That this Local Board does not concur with the Superintendent of Public Instruction in his attempted removal of Dr. J. H. Hoose, and respectfully declines to recognize Professor J. M. Cassety as Acting Principal of this school. Resolved, That the Secretary be instructed to transmit a copy of the above preamble and resolution to Professor Cassety and to the Superintendent of Public Instruction. On August 28, two petitions were put in the hands of messen- gers to circulate in the village. The first was directed to Chancellor Benedict, of the Regents of the University. This petition urged the Chancellor to unite with Mr. Gilmour in removing the Local Board, hut it got no signatures. The second begged the Board to accept Mr. Gilmour's propo- sition to allow the school to open under Professor Cassety, and carry the case to the courts. By Monday night the number of names obtained was about twenty-seven, and both petitions were suppressed. CHAPTER XIV. THE CORTLAND NORMAL SCHOOL OPENED SEPTEMBER 1, 1880, BY THE BOARD AND DR. HOOSE, AS USUAL— PROFESSOR CASSETY AND SIX TEACHERS WITHDRAW FROM SCHOOL —MR. GILMOUR'S ORDER TO TEACHERS TO WITHDRAW. Before the day of opening school, Professor Cassety informed those teachers whom he met, that Mr. Gilmour had instructed him to report to them that their salaries would not be jeopardized, even though the school should be closed — provided they should obey the order of Mr. Gilmour to withdraw from the school upon the day of opening, ixi case the Board should open the session under Dr. Hoose. How Mr. Gilmour alone can do this under § 7, Ch. 466, Laws of 1866, Professor Cassety failed to make clear to all the teachers. The school was opened September 1, at the usual hour, under Dr. Hoose as Principal. Each student entering the building was handed the following : No. 20. Announcement by the Local Board. NOTICE TO STUDENTS. 1. Former students will proceed immediately to fill out the "office mem- orandum," and go to the office and obtain a " permit to classes." 2. New students will go at once to room No. 85, west hall, aud enter upon their examinations. , 3. The text-book library will be open at 3:30 p. M v in order to give out books to all students who have secured " permits to classes," by that hour. 4. Office hours : A. m.— 8 : 30 to 11 : 30. P. M.— 1 : 30 to 3 : 30. Wednesday, September 1, 1880. J. H. HOOSE, Principal. F. Hyde, President, ) N. Chamberlain, Secretary. ) XIY. — Opening- of the Fall Term. 53 Prof. Cassety entered the building, applied to the Board for possession of the office, and was refused. " Then I must follow my instructions further," said Prof. Cassety, " and before doing so I wish to say that I am simply acting under orders, and that I have no personal feeling what- ever. From this Board I have received courteous treatment' and I believe they are acting as they consider- themselves bound by their official relations. But according to instructions given me, I must read the following telegram, dated at Albany at five o'clock last evening." Accordingly he read the following : No. 21. Mr. Gilmoitr to Prof. Cassety. Albany.K Y. August 31, 1880. To Prof. J. M. Cassety, Acting Principnl, Cortland, New York. If you are not permitted to act as Principal, direct all teachers to withdraw until further instructions. I will cause the removal of every teacher who re- ports to anybody but you as Principal, or who acts under any other person as Principal. Send me their names. Neil Gilmour, Superintendent. Prof. Cassety then ordered all the teachers to leave the build- ing, and withdrew to his office at the Messenger House. He was followed by these six teachers, to wit : Prof. F. S. Capen, employed February 23, 1869 ; Miss Martha Roe, employed Feb- ruary 23, 1869 ; Miss M. F. Hendrick, employed July 22,1869 ; Miss Clara E Booth, employed July 12, 1872 ; Mrs. Lottie T. Corlew, employed November 22, 1876 ; and Prof. J. M. Milne, employed the last time June 11, 1877. The following six teachers and Dr. Hoose remained under the instructions of the Board: Prof. T. B. Stowell, employed Feb- ruary 23, 1869 . Miss Emily E. Cole, employed March 12, 1872 ; Miss Sarah A. Saunders, employed December 2, 1873 ; Mrs. E. P. Halbert, employed January 28, 1874; Miss Elizabeth Rase, employed November 22, 1876 ; Prof. S. J. Sornberger, employed the last time September 2, 1878. 54 Cortland Formal School Controversy. Resuming the history of the day, Prof. Cassety informed Mr. Gilmour of the result of his attempt to open the school and re- ceived the following telegram : No 22. Mr. Gilmour to Prof. Cassety. Albany, N. Y., September 1, 1880. Prof. J. M. Cassety, Cortland. Send written report as soon as possible, and remain in Cortland till further instructions. Neil Gilmouk, Superintendent. CHAPTER XV. THE BOARD DEMANDS OF PROF. CASSETY THE APPOINTMENTS OF NORMAL STUDENTS— HE DECLINES TO DELIVER THEM TO THE BOARD— THE COMMITTEE ON TEACHERS WAIT UP- ON THOSE TEACHERS WHO REFUSED^ TO SERVE UNDER THE BOARD. On the 1st of September, after the school opened, a demand was made by the Board upon Prof. Cassety to deliver to the school the appointment of students that Mr. Grilmour had sent to him. He refused to deliver them to the Board. These appoint- ments are made to a given Normal School, signed by a School Commissioner, and approved by the Superintendent of Public Instruction. These appointments, or recommendations, are needed by students once during the entire time of their connec- tion with a Normal School. They are the property of the school to which they are sent, and do not belong to the Principal any more than any other public document ; they' belong to the official correspondence with the Secretary of the Board. The commit- tee on teachers waited upon most of those teachers who had withdrawn from the school in the morning with Prof. Cassety, but they still refused to serve under the Board. 56 Cortland Normal School Controversy. No. 23. Form of Appointment of Normal Students. — (Face.) To NEIL GILMOUR, Supt. of Public Instruction : (Tins will ®evtify t That.... of .in the County of aged years, is recommended as a suitable candidate for appointment as a pupil in the State Normal School at .from the Assembly District in the County of School Commissioner of the County of Dated 188 . The recommendation in each case should be sent to the Supt. of Public Instruction for approval. No. 24. Form of Appointment. — (Back.) Name Dist. County Approved, subject to Preliminary Examination b3 T the Faculty. Supt. of Public Instruction. No. 25 . Prof. Cassety to Local Board. dl, Acting Princ Cortland, September 1, 1880. State Normal School, Acting Principal's Office, ) Norman Chamberlain, Esq., Secretary, Dear Sir : — I hereby acknowledge the receipt of a copy of a resolution adopted by the Local Board of the Cortland Normal and Training School ask- ing if any certificates are in niy hands, etc In reply to the resolution, I will state that I do hold several certificates of that kind but I decline to deliver them to the Local Board. Very respectfully, James M. Cassety, Acting Principal. Up to this date (December 8, 1880,) Dr. Hoose, nor any officer of the Local Board has received a single appointment this term, although the School Commissioners of 18 counties have recommended, in the aggregate, 100 new students to Mr. Gil- mour for appointment to the Cortland Normal School, and some of the Commissioners have sent duplicate recommendations to him. Compare this fact with the Statute of 1866. CHAPTER XVI. THE MODE IN WHICH THE SCHOOL HAS BEEN CONTINUED SINCE SEPTEMBER 1, 1880— THE VACANCIES ARE IMMEDI- ATELY SUPPLIED. There were six vacancies in the Faculty. Neither Mr. G-il- mour, nor the teachers who withdrew, informed the Board when they would return to work. The Board possess the authority to employ teachers temporarily. For Mr. Gilmour, writing to the Board about permanent teachers May 28, 1877, says: •' This will not, of course, apply to those who are employed to fill some place temporarily." In fact, on the 23d of November, 1872, the Local Board was authorized, in its discretion, to employ tempo- rary teachers to supply the places of those unable to perform service. Notwithstanding this authority, the Board deemed it more expedient to supply the vacancies upon the voluntary system, trusting that the* Legislature would compensate the teachers, in case their employment should not be subsequently approved, nor their salaries certified to by Mr. Gilmour. 8 J CHAPTER XVII. MR. GILMOUR WITHDRAWS HIS APPROVAL OF THE SIX MEM- BERS OF THE FACULTY WHO REMAINED WITH THE BOARD— THE BOARD ASKS FOR CHARGES— MR. GILMOUR NEVER ANSWERS THE REQUEST. Six teachers and the Principal remained faithful to the school and the Board. Mr. Gilmour purported to withdraw his appro- val of the employment of these six teachers, thus claiming to terminate their connection with the school. The Board imme- diately met, and requested Mr. Gilmour to state why they were thus treated, but he has never answered the request. Mo. 26. Mr. Gilmour to the Board. State op New York, Department op Public Instruction, { Superintendents' Office, Albany, September 2, 1880. ) Norman Chamberlain Esq., Secretary, &c, Cortland Village, N. T.; Sir — I hereby withdraw my approval of the employment of the following named teachers in the Cortland Normal and Training School ; Thomas B. Stowell, Samuel J. Sornberger, Emily P. Halbert, Elizabeth Rase, Emily E. Cole aDd Sarah A. Saunders. The Local Board are hereby directed to recommend to me, at their earliest convenience, and without unnecessary delay, some suitable persons to take the places of the teachers displaced as above stated. Under no circumstancee will the Local Board recognize any of the above named as teachers in the Cortland Normal School after the date of this order. Your obedient servant, Neil Gilmour, Superintendent. XVII. — Purported Discharge of Teachers. 59 No. 27. Mr. Gilmour to each Teacher under the Board. Albany, September 2, 1880. —Cortland Village, N. ¥.: I hereby withdraw my approval of your employment as a teacher in the State Normal and Training School at Cortland. This order of withdrawal to take effect immediately. Your obedient servant, Neil Gilmour, Superintendent. No. 28. The Board to Mr. Gilmour. At a meeting of the Local Board, held at their office in the Xormal Building, Tuesday evening, September 7, the following resolution was adopted: — Whereas, The honorable Superintendent of Public Instruction has noti- fied this Board that he has withdrawn his approval of the employment of Thomas B. Stowell, S. J. Sornberger, Emily P. Halbert, Elizabeth Rase, Emily E. Cole and Sarah A. Saunders as teachers in the Normal and Training School ; and Whereas, The Superintendent, in his sanctioning the employment of these persons, declared in writing, and in accordance with the Statute, that they would hold their positions during the pleasure of the Local Board and the Superintendent; and Whereas, The members of this Board have known from personal obser- vation that these teachers have ever been earnest, faithful and efficient in the discharge of their duties, and can see no just cause for their attempted dismis- sal; therefore Resolved, That the honorable Superintendent of Public Instruction be re- quested to inform this Board whether any, and if so, what charges have have been preferred against the teachers above named, to the end that this Board may take further action in the matter. Some hints having been dropped as to the serving of an in- junction, the Board issued the following circular : No. 29. Announcement of tlie Local Board. It is rumored upon the streets to-day, that papers are to be served upon Dr. lloose and the Local Board this afternoon or Monday, to close the school. Immediately upon the service of the papers, if served, a large number of handbills, already printed and bearing the signature of Prof. Cassety, will be at once distributed in town, directing students to leave Cortland and go to other Normal Schools, and stating that their expenses will be paid. This is the last card of a desperate and unscrupulous faction to destroy the Normal School, and to injure the town and its inhabitants. The Local 60 Cortland Normal School Controversy. Board desires to say to students, and all others, that if such papers are served measures will be taken to set aside such papers, and the School will be kept open. We hope no students will be frightened at this, nor leave town, for they will be carefd for by the Board. F. Hyde, President Local Board. N. Chamberlain, Sec'y Local Board. C. C. Taylor, Treasurer Local Board. Cortland, September 4, 1880. CHAPTER XVIII. MR. GILMOUR ORDERS THE SCHOOL TO BE CLOSED— THE BOARD DECLINE TO CLOSE IT OR ALLOW IT TO BE CLOS- ED BY OTHERS— THE LEGISLATURE ALONE CAN CLOSE A NORMAL SCHOOL— THE BOARD RENEWS ITS OFFER TO GO TO COURT, WHICH MR. GILMOUR DOES NOT ANSWER, Mr. Gilmour next caused to be served upon the President of the Board an order to close the school. This the Board declined to do, holding that only the Legislature has power to do this; The Board renewed its offer to go to the Courts, but Mr. Gil- mour did not answer the offer. No 30. Mr. Gilmour to the Board. {Order). State of New York, Department of Public Instruction. Whereas, on the 28th day of June, 1880, I, as Superintendent of Public Instruction, requested Dr. James H. Hoo^e to transmit to me his resignation as Principal of the State Normal and Training School at Cortland, which request the said Hoose refused to complj- with; and, whereas, on the 12th day of July, 1880, I, as such Superintendent, withdrew my approval of the appoint- ment of said Hoose as a teacher in said school, notified the Local Board of the fact, and directed them to recommend to me some suitable person as principal in place of the said Dr. Hoose ; and whereas, the Local Board, at a meeting, thereafter held, did adopt a resolution refusing to recommend any person as principal in the place of said Hoose. and stating that they still recognized, and should continue to recognize, the said Hoose as principal of the school, not- withstanding my orders in the matter and the official opinion of the Attorney General sustaining the legality *of such orders ; and whereas, I, as such Superintendent did, on the 4th day of August, 1880. acting under the authority conferred upon me by Chapter 18 of the Laws of the State of New York, pass- ed in 1869, appoint Professor J. M. Cassety Acting Principal of said school, 62 Cortlaotd Normal School Controversy. and did notify the Local Board of the fact, and did further instruct thern to cause to be delivered to Professor Cassety all books, papers and documents that should be in the possession of the principal of the school, and to give him at all times access to the school building and grounds ; and whereas the Local Board have refused, and still do refuse, to obey these instructions, and refuse to recognize Professor Cassety as Acting Principal of the school; and whereas, the said Local Board still recognize the said Hoose as principal of said school, and have put him in possession of the school building, and caused him to open the said school; and whereas, the Local Board continue to recog- nize as teachers in said school the following named persons, from whose employment as teachers I, as such Superintendent, have withdrawn my approval, viz. : Thomas B. Stowell, Samuel J. Sornberger, Emily P Halbeft, Elizabeth Rase, Emily E. Cole, Sarah A. Saunders; and whereas the Local Board have, without the approval of the Superintendent, and in violation of the provisions of Chapter 466 of the Laws of 1866, entitled " An Act in Relation to Normal Schools," assumed that the authority to employ teachers in the places of those teachers who have, pursuant to my orders, reported to Professor Cassety; and whereas, the Local Board of said school have thus set at defiance the duly constituted State authorities, and have refused to be governed by the lawful directions of the Superintendent of Public Instruction in their manage- ment of the school, and have caused said school to become partially disorgan- ized, and a portion of its Faculty to become insubordinate: Now, therefore, by virtue of the authority vested in me as Superintendent of Public Instruction, I hereby order and direct that the State Normal and Training School at Cortland be closed until such time as the lawful orders and directions of the Department of Public Instruction in reference to the management of said school are obeyed by the Local Board of said school, and until said school shall be reorganized and opened in conformity to the laws of this State relating to Normal Schools, Given under my seal and the seal of the Department of Public Instruction, at Albany, this 7th day of September, 1880. [L. S.] Neil Gilmour, Supt. of Public Instruction. To Norman Chamberlain, Secretary of the Local Board of the State Normal and Training School at Cortland. The Local Board met Wednesday evening, September 8, and passed the following resolutions : — No. 31. The Board to Mr. Gilmour. Whereas, The Honorable Superintendent of Public Instruction has served upon the President of this Board an order, under his hand, dated September 7, 1880, in which he assumes to 'close the Cortland Normal and Training School; and Whereas, The said school was opened in due form on the first day of September, 1880, as a Normal and Training School, and is now in successful XVIII. — Mr. Gilmour Attempts to Close the School. 63 operation, with a competent corps of teachers and an attendance of nearly six hundred pupils, many of them from remote parts of the State ; and Whereas, The Hon. Milo Goodrich and the Hon. John I. Gilbert and the Hon. O. U. Kellogg, counsel for the President of this Board, agree in opinion that the laws of the State of New York give to the Superintendent no right or authority to close said school, which opinion is held and entertained by other distinguished counsel to whom the question has been submitted : therefore Resolved, That the Board, relying upon the opinions so given, and upon their own convictions of duty, and in pursuance of the power vested in the several Local Boards of the Normal and Training Schools of the State of New York, by the provisions of Chapter 466 of the laws of 1866, and the provisions of Chapter 348 of the laws of 1880, and believing that to close the doors of this school against uearly six hundred pupils, now receiving instruction therein, would be a wrong and an outrage, they, the said Local Board, must respect- fully but firmly decline to close said school, or allow it to be closed by others. Resolved, That this Board, still anxious for the earliest possible settlement of the question in difference (which it is conceded is for the Courts to decide) hereby renew the offer heretofore made to agree upon a case containing the facts, and obtain at once the judgment of the Supreme Court thereon. CHAPTER XIX. EXTRAORDINARY EFFORTS TO DISPERSE THE STUDENTS — TO SEND THEM TO OTHER NORMAL SCHOOLS-UNSUC- CESSFUL. Professor Cassety, expecting that he would not be permitted to open the school, and anticipating the order to close it, had prepared printed handbills to distribute among the students, explaining to them the mode in which they could obtain trans- fers to other Normal Schools. He, and those teachers who followed him were very active in attempting to disperse the students to other Normal Schools. The} 7 circulated reports among them that what work they did in the school the present term would not count in their advancement towards graduation. The students were advised that if they left Cortland, their ex- penses to other Normal Schools would be met for them. But very few of the students left, and a portion of those returned soon. No. 32. Announcement by Pofessor Cassety. NOTICE TO STUDENTS IN THE NORMAL DEPARTMENT OF CORTLAND NORMAL SCHOOL. By direction of the Superintendent of Public Instruction, notice is hereby given to students in the Normal department of the Cortland Normal and Training School, that during the temporary closing of the school, the} T may, upon application to the Acting Principal, receive certificates of transfers to such other State Normal Schools as they may elect. Such transfers will enable Normal students to continue their regular course of study without interruption. James M. Cassett, September 8, 1880. Acting Prin. Cortland Normal and Training School. No. 33. Transfer to students given by professor Cassety, to leave Cortland to go to another Normal School. State Normal School, Cortland, N. Y. , September 2, 1880. Br. Wm. J. Milne, Principal, Oeneseo, N. Y., Dear Sir : — With your concurrence I transfer the bearer, Mr. , of. — , N. Y., from this Normal School to your School. His rank this term is F classical, minus Rhetoric. His character and record here are good. Truly Yours, James M. Cassety, Acting Principal. CHAPTER XX. MR. GILMOUR NOTIFIES THE BOARD THAT HE WILL GO TO THE COURTS— A COMMITTEE OF THE BOARD MEETS HIM AT ALBANY— NO RESULTS. The school was proceeding quietly when there sprang up a telegraphic correspondence between Mr. Gilmour and the Board, It explains itself. No. 34. Mr. Gilmovr to the Local Board. Albany, N. Y., September 16, 1880. To Dr. F. Hyde, President of the Loral Board. Normal School, Cortland, N. Y. : By advice of the Attorney-General, I will agree with the Local Board upon a statement of the facts in controversy for submission to the General Term. Let some members of the Local Board, with their counsel, come here at once, in order that a statement may be made up with a view to submitting it to the General Term now in session at Saratoga Springs. 1 am informed that if the case can be agreed upon, it can be heard next Aveek. Answer if you arc com- ing at once. Neil Gilmour , Superintendent. N08. 85, 36. The Local Board to Mr. Gilmour. Cortland, N. Y., September 16, 1880. To Hop. Neil Gilmovr, Albany, N. Y. : Our counsel is out of town. Will meet this evening and take action, and inform you promptly. F. Hyde. Cortland, N. Y., September 17, 1880. To Hon. Neil Gilmour, Albany, N. Y. : We accept the proposition to submit. Our counsel caunot go to Albany this week. Will meet you at/Ltica on Monday, and agree on the case. Will this do? Answer. F. Hyde. No. 37. Mr. Gilmour to the Local Board. To Dr. F. Hyde, President of the Local Board, Cortland : It is entirely satisfactory to Attorney-General and myself to meet you and your counsel on Monday. It is, however, difficult for the Attorney-General to leave his office to go to Utica, and you had better when you get started come on to Albany. The records are all here to which it may be necessary to refer. Clerical force sufficient here to do any copying. We can go direct to Saratoga from here, and arrange a day for argument. Answer. Neil Gilmour, Superintendent. 9 66 Cortland Normal School Controversy. Nos. 38, 39 . The Local Board to Mr. Gilmour. Cortland, September 17, 1880. To Hon. Neil Gilmour, Albany, N. T. : Will see our counsel about going to Albany, and inform you in the morning. F. Hyde. Cortland, September 18, 1880. To Hon. Neil Gilmour, Albany, N. Y. : We will meet you at Albany on Monday afternoon. F. Hyde. No. 40. Mr. Keyes to the Local Board. Albany, N. Y.. September 18. 1880. To Dr. F. Hyde, President of the Local Board : Upon further consideration, it is believed that serious legal difficulties exist as to submitting the Cortland Normal School case to the Supreme Court. If in view of these facts the counsel for the Board conclude to come to Alban} r Monday, the Superintendent will be glad to consult with them at the Attorney- General's office, as to the best manner of relieving your situation. Answer at First street, Albany, to-night or to-morrow. Addison A. Keyes, Deputy Superintendent. No. 41. The Local Board to Mr Keyes : Cortland, September 19, 1880. Hon. Addison A. Keyes, 35 First street, Albany, N. Y. : We regret that you see legal difficulties in the way of proposed submission. Perhaps on consultation we may remove the difficulties. Will meet the Superintendent on Monday afternoon. F. Hyde. Accordingly Dr. Hyde and Judge Duel! went to Albany, only to find that Mr. Gilmour had no new proposition to sub- mit. They therefore returned home, no efforts having been made by Mr. Gilmour to make up a case to submit to the court. CHAPTER XXI. MR. GILMOUR BRINGS THE CASE INTO COURT— THE ISSUE AS STATED IN THE ARGUMENTS— MR. GILMOUR CLAIMS ABSO- LUTE POWER OVER THE NORMAL SCHOOL— DENIED BY THE BOARD. Mr. Gilmour brought the case into the Supreme Court, Special Term, at Bingham ton, October 26, 1880, upon an application " for an order granting a peremptory writ of mandamus — com- manding — the Local Board of the State Normal School at Cort- land, that you immediately terminate the employment by you of James H. Hoose, as principal teacher in the said State Normal School at Cortland, and that you no longer procure or permit him to perform the duties, or otherwise to act in said school as the principal or other teacher therein ; and that you officially recog- nize James M. Cassety as the principal teacher in said school, and permit him, without hindrance or obstruction on your part, to enter upon and perform the duties of such principal teacher in said school. " (Official Doc.) The issue as these joined took substantially this form : Mr. Gilmour raised no questions regarding the prosperity of the school, or the* excellency of its present condition, or the ability, efficiency and ample qualifications of the Principal, Dr. Hoose, and the six teachers who remained with the Board ; he granted all these points ; but they have nothing to do with the case, which is one of law purely, and resides in that portion of the Statute of 1866, which says of the Board, Section 3, " Subject, however, to 6S Cortland Normal School Controversy. his general supervision and to his direction in all things pertaining to the school." Mr. Gilmour claimed to be the Creator, the Board, the Faculty, and the School, being merely creatures of his will ; he is absolute over all. RE-STATED, THE CLAIMS ARE THESE I 1. Mr. Gilmour claims that he has absolute power over the Normal schools in the State; that the schools, their appointees and employees, are only and simply the creatures of his will. 2. Mr. Gilmour claims that he is not responsible to the local- ities which donated to the State the property belonging to the Normal schools, nor to the State as represented in its students in these schools, nor to the Boards which are endowed by State authority to have " the immediate supervision of these schools." The Board claims a history of eleven and one-half years of precedent of concurrent action under the Statute, and claims that it is endowed with discretionary powers ; it also claims that the localities have rights of representation in the administration of these schools ; it claims that these points are intended by the Statute, else why does it provide for a Board of many, and then make provisions for an examination and removal of members of the Board by concurrent action of the Superintendent and Chan- cellor of the Regents \ The whole Normal school system, cre- ated by the Laws of 1866, is dual in its conception. The localities erect the buildings, and are represented by a Board endowed with authority by the State ; the State at large is represented by the Superintendent, and the current expenses of the school are met by the State. In ease of a conflict between the Board and the Superintendent, provisions were made for adjudicating those differences before the Chancellor of the Regents. This dual con- ception appears further in this : The administration of the cur- rent affairs of the school is concurrent between the Board and the Superintendent, as the Statute provides ; matters relating to the Board itself are concurrent between the Superintendent and the Chancellor of the Regents ; nowhere, in the general scope of The Question at Issue. 69 the administration of affairs, does the Statute provide for an ex- ecutive authority that resides in one single person or body ; the auditing of all accounts must begin by the action of the Board ; the prescribing of a course of study ; the adopting of regulations for the school ; these initiatory actions of the Board are subject to approval by the Superintendent ; the diplomas must be signed by the Superintendent, the Principal, the President and the Secretary of the Board. There are but very few special duties of administration that are given alone to either the Superinten- dent or the Board. Nowhere in the statute is authority given to the Superintendent either to employ a teacher in a Normal school, or to dismiss one. All goes to show the duality within the Statute of 1866. CHAPTER XXII. STATISTICS OF THE CORTLAND NORMAL SCHOOL, READ JUNE 28, 1880— SHOWING THE WORK OF THE GRADUATES— TABLES OF STATISTICS OF ATTENDANCE, INCLUDING THE PRES- ENT TERM, BEGINNING SEPTEMBER 1, 1880. The Committee appointed by the Alumni Association to col- lect and collate statistics submitted the following report. It ex- hibits the fidelity of the school to the trusts assigned to it by the State ; and it indicates the ability of its graduates, as shown by the important positions to which they have been called. The tables exhibit the statistics of the school, including the present term. It will be seen that the school has sustained the shock of Mr. Gilmour's attack with but very little apparent harm. FACTS CONCERNING THE CORTLAND SCHOOL. Statistics concerning the Alumni of the Cortland State Nor- mal School. Presented at the public Alumni exercises held June 28th, 1880, by Sarah A. Saunders, committee for the asso- ciation. Statistics of the School. 71 The value and efficiency of a school are measured by the result of its labors as seen in the attainment and rank of its graduates. This is especially true in the case of a professional school, and the intrinsic worth of such a school is only determined by the subsequent work of those who sought preparation within its walls. Perhaps none amoDg the professional schools are so thoroughly criticised and questioned, concerning merit, as are the Normal Schools, which claim as their distinctive field, the preparation of persons for the profession of teaching. The Cortland Normal School has its part to bear in proving that these schools are accomplishing a work that is of great value, if not indispensable, to the best interests of education. * With a a view to answer the question so frequently asked. "What are your graduates doin • ? " and also to inform ourselves as members of the Alumni, the following statistics have been prepared, from blanks, which were sent to all members of the Alumni Association last March, for their answers to cer- tain questions contained in them. The school was organized March 3, 1869. The first class graduated July 1, 1870, and to date, including the class of June 29, 1880, the graduates num- ber 275—56 gentlemen and 219 ladies. During the ten years which have elapsed since the first class went out, 7 members of the Alumni have died, viz., 1 gentleman and 6 ladies, leaving a membership of 268. Taking out the 32 members who form the class of June, 18S0, there re- main 246 graduates. To this number the blanks above mentioned were sent. Fifty-eight of the number did not return their blanks (in time to have the re- ports used), hence the statistics now given pertain to the 188 who did reply. Forty three of this number are gentlemen and 145 are ladies. The statistics in all cases refer to the time since graduation. Of the 43 gentlemen who report, 20 or 46£# have taught all the time since graduation; 20 or 46£# have taught only a portion of the time; 3 or 7% have not taught at all ; 93£ have taught more or less. The highest yearly salary any one of the number has received for a series of years averages $1,500, while the lowest salary averages $400. Of the 40 gentlemen who have taught, 34 or 85# have taught in New York State; 6 or 15£ have not taught in New York State; 8 or 20£ have taught both in New York State and also in other States. The following are the States in which the 14 who have given service to States other than New York have taught : New Jersey, Pennsylania, Iowa, Ohio, Connecticut, Illinois, Michigan, Rhode Island, Virginia, Georgia, North Carolina. 72 Cortland Nokmal School Controversy. The following are the places in New York State where the 34 gentlemen have taught: Binghamton, Medina, Weedsport, Accord. Pompey, ChittenaDgo, Cuyler, Moravia, Washingtonville , Mexico, Lee Center, Chenango Forks, Rockaway, Elmira, Jamaica, L. I., Holland Patent, Marathon, Harpersville, Ilorseheads, Rosendale, Sloatsburg, Theresa, East Pembroke, Fredonia, Carthage, Havana, Lockport, Georgetown, Cortland, Union, Truxton, Lisle. Monroe, Washington Mills, Newfield, Morrisville, Northport, Manlius, Scipio, Booneville. Of the 34 gentlemen mentioned above, 26 have been Principals of Union Graded Schools; 4 have been Principals of City Ward Schools; 4 have served as Superintendents of public schools in cities or in large villages; 2 have been Principals of City High Schools; 4 have been in Faculty of City High Schools; 4 have been members of the Normal School Faculty; 1 has held the office of Count}' School Commissiouer; 1 l^as been Principal of an Academy; 1 has the chair of Music and Modern Languages in a Female College; 1 has had the chair of Mathematics and Natural Scieuces in an Academy; 1 has had the chair of Natural Sciences in a City High School. During the school year ending July, 1880, 27 gentlemen or 63$ have been teaching at an average salary each of $812; .$2,000 being the highest salary, and $500 the lowest. Of the number 27 — 13 arc Principals of Union Graded Schools; 3 are Principals of City Ward Schools; 4 are Principals of City High Schools; 1 is Principal of a department in a High School; 2 are Superinten- dents of public schools; 1 is Principal of a department in a Normal School; 1 holds the chair of English Physics and Latin in a Normal School; 1 has the chair of Mathematics and Natural Science in an Academy; 1 is Director of Music Department and Professor of Modern Languages in a Female College. The following are the statistics pertainiug to the ladies since graduation and refer only to the 145 who returned blanks. 62 ladies, or 43;V have taught all the time since graduation; 74 ladies, or 51% have taught only a portion of the time; 9 ladies or 6$ have not taught at all; 94$ of the ladies taught more or less. The highest yearly salary any one has received for a series of years averages $911 : the lowest averages $150, this latter being in a rural district school. Of the 116 ladies who have taught more or less, 128 or 94$ have taught in Statistics of the School. 73 New York State; 8 or 6# have not taught in New York State; 14 or 10# have taught in New York State and also in other States. The following are the States in which the 22 who have not remained all the time in New York State have taught: — Connecticut, Michigan, Minnesota, New Jersey, Illinois, Vermont, Indiana, Iowa, Wisconsin, Tennesee, California, Pennsylvania, Nebraska. The following are the places in New York State where the 128 ladies have taught: — Summer Hill, Elmira, Binghamton, Dresserville, Glen Haven, Sidney Plains, Georgetown, Green Island, Homer, Oneonta, Speed ville, North Pitcher, New Warwiok, Coventry, McLean, Syracuse, Buffalo, Taylor, Port Jervis, West Eaton, Medina, McGrawville, Poolville, Fabius, Harford, Marathon, Norwich, Lansing, Andes, Greene, Of the 128 ladies mentioned above, 77 have taught in Union Graded Schools; 20 have taught in City Ward Schools; 6 have taught in High Schools; 11 have taught in Normal Schools; 1 has taught in a College; 5 have taught 10 Jordan, Carthage, Niles, Middletown, New York city, Morris ville, Chittenango, Balmville, Scott, Moravia, Lakeport, Kattelville, Harpersville, Kingston, East Homer, Horseheads, Clyde, Deposit, Owego, Auburn, West Monroe, Newark Vallej% Truxton, DeRuyter, Virgil, Groton, Berkshire, Triangle, Free ville, Peruville, Cortland, Onondaga Valley, Canaudaigua, Glen Head, L. I., Ithaca. South Cortland, Clark's Ferry, Vassar College, Cincinnatus, Windsor, South Orange, Washingtonville. Lincklaen, Bethlehem, Newark, Cazenovia, Geneseo, Cuyler, Nyack, Lisle, Unadilla, Newfield, Dry den, Hamilton, East Watertown, Scipio, Fulton, Lapeer, Killawog, Etna. 74 Cortland Normal School Controversy. id Private Schools; 7 have taught in Academies; 49 have taught m district schools. During the school year ending July, 1880, 81 ladies or 56$ have been teaching at an average salary of $380; the highest salary being $1,000 and the lowest $150. Of the 81 ladies who have taught during the year, 40 have been in Union Graded Schools; 19 have been in City Ward Schools; 10 have been in District Schools; 6 have been in Normal Schools; 3 have been in High Schools; 1 has been in a College; 1 has been in an Academy; 1 has been in a Private School. A summary of items pertaining to the 188 persons who returned blanks gives the following: One hundred and seventy-six persons or 94$ have taught since graduation ; 12 persons, or 6$ have not taught since graduation ; 82 per- sons or 44$ have taught all the time since graduation; 94 persons or 50$ have not taught all the time since graduation ; 162 persons or 86$ have returned service to New York State; 14 persons, or 8$ have given their services entirely to States other than New York; 103 persons have taught in Union Graded Schools; 24 persons have taught in City Ward Schools; 10 persons have taught in High Schools; 15 persons have taught in Normal Schools; 50 persons have taught in District Schools; 8 persons have taught in an Academy; 2 persons have taught in a College; 5 persons have taught in Pri. vate Schools. Of the 58 persons who did not send in reports, the following is correct as far as known: All but 6 have taught more or less; 18 have taught in Union Graded Schools; 13 have taught in City Ward Schools; 15 have taught in District Schools ; 2 have taught in Normal Schools ; 1 has taught in an Acade- my; 1 has taught in a Private School; 36 persons have taught in New York State; 10 persons have taught in States other than New York. The following table exhibits the history of the Cortland Normal School from its beginning, March 3, 1869, down to October 1, 1880, the close of the 12th, or last, school year. The exhibit shows the total number of normal students enrolled each year, the average attendance, the average age, the percent of of attendance of the whole number registered, and the percent of students who dropped out of school during the year, thus indicating approximately the proportion of students of the school who teach annually in the public schools. The school graduated 38 normal students during the year ending October 1, 1880. Statistics of the School. 75 < i Av. Ape. -3 u % * * s i d *5 a si 53 19 19 46 54 123 19 19 39 61 162 20 19 41 59 161 19 19 44 56 163 20 19 42 58 177 20 19 45 55 179 20 22 49 51 157 20 20 42 58 177 20 19 45 55 197 21 20 55 45 153 21 20 48 52 320 21 20 50 50 YEAR. i is 1— March 3, 1869, to October 1, 1869 116 2— October 1. 1869, to October 1, 1870 322 3— October 1, 1870, to October 1, 1871 401 4— October 1, 1871, to October 1, 1872 370 5_October 1, 1872, to October 1, 1873. 390 6— October 1, 1873, to October 1, 1874 399 7_Octobcr 1, 1874. to October 1, 1875 370 8— October 1, 1885, to October 1, 1876 377 9_October 1, 1876, to October 1, 1877 398 10— October 1, 1877, to October 1, 1878 361 H_October 1, 1878, to October 1, 1879 324 1 2_October 1, 1879. to October 1, 1880 449 An examination of the above table shows that the last year was the most largely attended in the history of the school, some fifty different students having been enrolled over and above that of any previous year, and an advance of one hundred and twenty- five over the preceding year, with an increase of sixty-seven in the average attendance. Up to the date of this writing, December 1, 1880, the rolls of the school have registered a total of 267 students who are pur- suing the normal courses of study. Deducting 10 who are to be normal students but are under 16 years of age, or are selecting special studies, the remainder gives 257 normal students, of full age, who are pursuing the courses on towards graduation. Of these 257 students, 88 are gentlemen, and 169 are ladies; 101 of them are new students this term, 64 ladies and 37 gentlemen. The total number of students and pupils enrolled by the school at this date (December 1,) is 622 in all the departments. During the present term, beginning September 1, 1880, the 24th in the history of the school, eighteen counties are repre- sented by- new students in attendance ; nineteen counties are rep- resented by students who have attended previous terms. The 76 Cortland Normal School Controversy. following counties are represented by students the present term ; 25 in all, Or nearly half the counties' of the State. Allegany, Broome, Herkimer, Jefferson, Orange, Oswego, Cortland, Lewis, Otsego, Cayuga, Chemung, Chenango, Delaware, Madison. Montgomery, Oneida, . Onondaga, Schuyler, Tioga, 'Tompkins, Ulster, Greene, Ontario, Yates. Wayne, CHAPTER XXIII. BRIEF RECAPITULATION OF THE ATTITUDE OF THE DEPART- MENT OF PUBLIC INSTRUCTION TOWARDS THE CORTLAND NORMAL SCHOOL— FIRST, UNDER SHUT. WEAVER— SECOND, UNDER SUPT. GILMOUR A brief recapitulation of the attitude of the State Superin- tendents, as shown by their official acts towards the Cortland Normal School, gives the following- points : I. — Administration of Supt. Weaver: 1. Mr. Weaver, under whose administration the school opened March 3, 1869, and continued until April, 1874, always recognized the concurrent authority of the Local Board. He so interpreted the Statute for the Board. 2. He used but one form, substantially, when consenting to the employment of all teachers. It was as follows: " hereby ap- proved and continued. " He first acknowledged the pre- ceding action of the Local Board in nominating the names to him. (See Ch. VI.) 3. He never visited the school or the village without consult- ing with some officer of the Board about the welfare of the school ; or practically, with the Board itself. II. — Administration of Supt. Gilmour : 1. Mr. Gilmour uniformly respected the recommendation of the Board down to September 12, 1876, when he set it aside without explanation. He continued this in October, 1879. He has never respected it in the matter of filling vacancies in the Board as he has with other Normal Schools in the State. (See Ch. III.) 2. Mr. Gilmour conceded in practice, January, 1877, that dis- missals of teachers were initiated and carried out by the Board, subject to his approval ; in this he granted concur- rent authority to the Board. (See Ch. IV.) 78 Cortland Normal School Controversy. 3. Mr. Gilmour suddenly assumed to direct the Board to renom- inate all the Faculty, when there were no vacancies, and none were created. The Board declined to comply with this order. (See Ch. V.) 5. The form of confirmation in the employment of teachers used by Mr. Weaver was adopted substantially by Mr. G-ilmour from his entrance into office, April, 1874, to June 11,1877. (See Ch. VI, p. 25. ) 6. Mr. Grilmour recognized the concurrent authority of the Cortland and the Fredonia Local Boards when Dr. Hoose was detailed to the Principalship of the Fredonia Normal School, August,1878. (See Ch. VII, p. 27.) 7. Mr. G-ilmour has met the Local Board of Cortland Normal School but once during his entire administration ; from April, 1874, to date of this writing ; he has rarely con- sulted the officers of the Board ; he has never expressed to them any opinions or hints that the school or the Princi- pal was failing in any respect ; he has expressed entire satisfaction with them. (See Ch. VIII, p. 32.) 8. Mr. Gilmonr, immediately following Dr. Hoose's efforts in behalf of another candidate for the office of Superintend- ent, suddenly demanded the resignation of Dr. Hoose, who refused, being approved by the Board. (See Ch. IX .) 9. Mr. Gilmonr purported to dismiss Dr. Hoose, but his action was not concurred in by the Board. (See Ch. X, p. 33.) 11. Mr. G-ilmour purported to appoint Prof.Cassety acting Prin- cipal at Cortland, but the action was not concurred in by the Board. The Board offered to take the case to the Courts. (See Ch. XI, p. 44.) 12. Mr. Gilmour failed to secure the co-operation of the Chan- cellor to remove the Board without a hearing. Mr. Gil- mour never called for this investigation. (See Ch. XII.) K>. Mr. Gilmour offered to go to the Courts, provided the Board would accept his terms ; otherwise he threatened to close the school. (See Ch. XIII, p. 49.) Recapitulation. 79 15. Mr. Gilmour, through Prof. Cassety and the six teachers who followed him, did not succeed in preventing- the open- ing of the term. September 1. 1880; nor in breaking it up and dispersing the students after it began. (See Ch. X1Y.) 15. Mr. Gilmour purported to dismiss six teachers, without assign- ing any reason for the action. The Board non-concurred, and the teachers remain. i^See Ch. XVII, p. 58.) 16. Mr. Gilmour. just one week after the term had opened, as sumed to order the closing of the school. The Board did not permit this to be done. (See Ch. XVIII, p. 61. ) 17. Mr. Gilmour. September 1G. 1880. suddenly accepted the proposition to go to the Courts, made by the Board August 7, 1880 ; but a conference with him proved of no avail. (See Ch. XX, p. 65. ) Mr. Gilmour finally brought the matter into Court, October 26, 1880, on an application for a mandamus to command the Board to set Dr. Hoose out of the school and to rec- ognize officially his own appointee of July 24. See Ch. XXL p. 67.) 19. Mr. Gilmour has, up to this date, December 1, 1880, refused to certify to any of the bills to pay the financial liabilities of the school which have been incurred by the Board since July 1, 1 SS« >. The bills were sent to him, in the regular process and form, jthe middle of Xovember. These bills are for the ordinary expense.-, as for janitor's services, fuel, gas, repairs, postage, stationery, etc.. etc : no teacher has been paid, yet the money for the teachers and for all these bills, now lies in the State Treasury, awaiting only the signature of the Superintendent. Mr. Gilmour, bv his official acts, has assumed that his inter- petation of the Statute is law for the Board and School, in advance of the construction to be given by the Courts, al- though he has conceded that there is a difference of opinion regarding the meaning of the law. CHAPTER XXIV. NECESSARY CONSEQUENCES RESULTING FROM THE CLAIMS MADE BY MR. GILMOUR— THE ENTIRE NORMAL SCHOOL SYSTEM OF THE STATE PLACED IN JEOPARDY— ANTAG- ONISTIC TO THE SPIRIT OF AMERICAN INSTITUTIONS. 1. Mr. Gilmour's course towards the Cortland Normal School since 1876, has been tending to work the disintegration, and ultimate destruction, of the whole Normal School system of the State. 2. Concede to Mr. GHlmour the absolute powers which he claims, and they can be wielded again by subsequent State Superintendents. Such powers would soon convert the Normal Schools practically from their high educa- tional character into institutions to be filled with partisans of the Superintendent. 3. These partisan Faculties would not be representative educa- tors ; high standing and liberal progressiveness in the teachers would be wanting ; for the uncertainty of the tenure of position would not secure men and women of proper learning and experience ; their necessary subordi- nation to the will of the Superintendent would stifle manly and womanly independence and dignity ; teachers could buy them no homes where they taught, they would be liable to be turned out at any whim or purpose. 4. These Faculties in the Normal Schools would fail to elevate the tone of independent manhood and womanhood of the Necessajjy Consequences. 81 young men and women students, who attend these Schools in order to prepare to teach in the public schools of the State. 5. Then teachers of the common schools, in their turn, would demoralize that sterling tone of moral independence and integrity which are at once the essence and the glory of • American civilization. Thus the demoralizing influence of such absolute powers as are claimed by Mr. Gilmour would extend directly into every family of the State. 7. Mr. Gilmour's assumptions practically advocate "taxation without representation," for the localities have taxed themselves heavily for the schools, expecting a voice through the Local Boards in the administration of the affairs pertaining to the schools, by means of concurrent authority with the Superintendent. Mr. Gilmour resists this claim of the people, and this principle of govern- ment. 8. Mr. Gilmour's course in the Cortland Normal School controversy is calculated to harm the whole public schoool system of the State ; it sets the example to all school officers and trustees of making uncertain to teachers of all grades the tenure of their positions. A crying evil of our schools now is the frequent change of teachers ; Mr. Gilmour's course encourages the evil, already so great, by proposing to dismiss able and faithful teachers for personal reasons alone, and without either a hearing being granted or charges being made. 9. Mr. Gilmour's course strikes dangerously at the great Profession of teaching. If men who devote their lives and energies to the profession, and are eminently success- ful, can be cut down any moment at the pleasure of a single supervising officer, where is there any encourage- ment to enter the profession, or to ennoble it, once being in it I 11 CHAPTER XXV. LEGISLATION ASKED FOR BY THE CORTLAND LOCAL BOARD- THAT THE LOCAL BOARD INITIATE THE EMPLOYMENT AND DISMISSAL OF TEACHERS, SUBJECT TO APPROVAL BY THE SUPERINTENDENT— THE NORMAL SCHOOL SHOULD BE CLOSED ONLY BY THE LEGISLATURE. The Case is now in Court, but not decided, (Dec. 1, 1880), and by appeals is liable to go to the Court of Appeals, unless the Legislature come to the relief, and thus save the school from the embarrassments resulting from delay, which must attend the case should this happen. The Board is desirous of the welfare of the school ; it has an ambition to serve the State ; it asks that the statute relating to Normal Schools be so amended that con- troversies like the present will be made impossible. The Board desires that the school shall be placed where its usefulness will be increased ; where its teachers can not be suddenly stricken down in the midst of their progress and usefulness ; where salaries due teachers and moneys due debtors can not be withheld at the will of one man ; where the students from the many counties of the State shall be undisturbed in their pursuits; where Faculties can not be broken up at the pleasure of a single individual ; and where the Local Board shall be encouraged by respectability to the public, to foster and protect the interests of all who are related to the school. The Cortland Normal School controversy has grown out of a difference in interpreting the law of 1866, Ch. 466. The issue Legislation Asked For. 83 is between the Board and Mr. Gilmour over the statute. The Local Board has taken but one uniform construction, that given by Superintendent Weaver, January 19, 1869 (see Ch. II.), which is this, to wit : that the Board possesses powers that are concurrent with the Superintendent's authority. No Superin- tendent questioned this in practice until June 28, 1880, when Mr. Gilmour began to introduce changes in practice and theory. 1. He claimed that he could withdraw his official approval once given, (see Ch. IX, X, XVII.). 2. Then he claimed to act over the Board, under Ch. 18, Laws of 1869, although the Board had never refused to act, and had always acted promptly, and with a quorum, (see Ch. XL). 3. Then he claimed the authority to order the closing of the school, (see Ch. XYIIL). 4. He finally claims absolute power of direction over the schools, recog- nizing no responsibility to any power as siiperior to or concurrent with his ; the Local Boards are servants, who have no right to ask him, u Why doest thou so ? " To the end that the welfare of the Normal Schools of the State shall be more secure in the future from the introduction of radical measures in the administration of their affairs ; and to the end that these schools shall be removed from the evils of per- sonal and partisan influences, as was the evident design of the Statute creating them; to these ends your petitioners call especial attention to the following points, recommending that they, to- gether with such others as the Legislature shall deem wise, shall be embodied in the laws govering the Normal Schools, namely : 1. The Local Board should be explicitly empowered to employ, and, for cause, dismiss all teachers, subject to the ap- proval of the Superintendent of Public Instruction ; the initiatory movement to be commenced in all cases by the Board. 2. A Board of Appeals should be constituted under some form, to which both the Local Board and the Superintendent^' Public Instruction can directly apply to adjust differences between them. 84 Cortland Normal School Controversy. 3. No Normal School should be ordered closed except by di- rection of the Legislature. We respectfully urge expedition in this matter upon your Honorable Body. The present term of our Normal School will close on Tuesday, January 18, 1881 ; the next term will open on the second Wednesday of February following. It is impera- tive to the continued welfare and prosperity of our school, that the teachers and students, and the public at large, should know definitely the state of our school at the earliest day practicable. Hence the urgency of our request. With great respect , we have the honor to subscribe ourselves, most truly yours. Frederick Hyde, R. Holland Duell, Chas. C. Taylor, Norman Chamberlain, William Newkirk, Henry Brewer, Robert B. Smith. Members of the Local Board. State Normal and Training School, Cortland, December 1, 1880. APPENDIX. (The following was mislaid until too late to be incorporated into the history. It belongs at the close of Chapter XIX, p. 62.) Mr. Gilmour's attitude toward the Cortland Normal School, its students, the Local Board, and the Principal, is further shown by the subjoined letter. It is dated two days after the Cortland school opened. Mr. Gilmour conveys the idea that the students were desiring to leave Cortland ; he ignores and attempts to abrogate the universal and permanent practice which prevails among the Normal schools, to-wit : that students can go from one formal school to any other upon a statement by the principal con- taining the record of studies passed, and the class-rank to which the student is entitled. This has been the law of transfer. Compare these facts, and the statistics of the prosperity of this present term, given elsewhere, with this letter, and the full force of it will appear. Here is the letter of instructions sent to other Normal schools, dated five days before the date of his letter to close this school : Albany, September 3, 1880. Principal, &c, N. T. Sir: — The State Normal and Training School at Cortland is temporarily disorganized, and certain pupils in the Normal department are making appli- cation for transfers to other schools. It is my wish that the young people who have in good faith entered the Cortland School should be permitted to com- plete the course of study upon which they entered. You will, therefore, receive into the School under your charge any pupil from Cortland who presents my certificate of transfer. No pnpil from that school should be admitted who does not present the regular evidence of transfer. Classify such pupils according to your own judgment, giving them as a matter of course every advantage to which they are entitled by reason of previous study in the Cortland School. Your obedient servant, Neil Gilmour, Superintendent. THE LEGISLATURE OF 1881. STATE OF NEW YORK-LEGISLATIVE DEPARTMENT, LIST OF MEMBERS of the Senate of the State of New York for 1880-1. RON. GEORGE G. HOSKINS, Lieutenant-Governor and President of the Senate. HON. WM. H. ROBERTSON, President pro tempore. District Number One John Birdsall, Glen Cove, Queens Co. District Number Two William H. Murtha, Brooklyn. District Number Three Frederick A. Schroeder, Brooklyn. District Number Four John C. Jacobs, Brooklyn. Dietrict Number Five Edward Hogan, New York. District Number Six Jacob Seebacher, New York. District Number Seven Ferdinand Eidman, New York. District Number Eight Robert H. Strahan, New York. District Number Nine Francis M. Bixb} r , New York. District Number Ten William W. Astor, New York. District Number Eleven George H. Forster, New York. District Number Twelve W. H. Robertson, Katonah, West. Co. District Number Thirteen Edward M. Madden, Middletown, Orange Co. District Number Fourteen Charles A. Fowler, Kingston. District Number Fifteen Stephen H. Wendover, Stuyvesant, Col. Co. District Mumber Sixteen I. Y. Baker, Jr., Comstock's Land'g. Wash. Co. District Number Seventeen Waters W Bramam, West Troy, Albany Co. District Number Eighteen Webster Wagner, Palatine Bridge, Mont. Co. District Number Nineteen ...... W. W. Rockwell, Glens Falls, Warren Co. District Number Twenty Dolphus S. Ly r nde, Hermon, St. L. Co. District Number Twenty-one Bradley Winslow, Watertown. District Number Twenty-two James Stevens. Rome. District Number Twenty-three .. Albert M. Mills, Little Falls, Herkimer Co. Distric Number Twenty-four Edwin G. Halbert, Binghamton. District Number Twenty-five Dennis McCarthy, Syracuse. District Number Twenty-six William B. Woodin, Auburn. District Number Twenty-seven. .Ira Davenport, Bath, Steuben Co. District Number Twenty-eight _ .George P. Lord, Dundee, Yates Co. District Number Twenty nine Edmund L. Pitts, Medina, Orleans Co. District Number Thirt3' James H. Loomis, Attica, Wyoming Co. District Number Thirty-one Benjamin H. Williams, Buffalo. District Number Thirty-two Loren B. Sessions, Panama, Chautauqua Co. THE ASSEMBLY. List of Members of the Assembly of the State of New YORK FOE 1881, WITH PoST-OFFICE ADDRESS OF EACH. [Republicans in Roman, Democrats in Italic, Independent Democrats f.] ALBANY. 1 Miner Gallup, Westerlo. 2. Andrew S. Draper, 51 State street, Albany. 3. Aaron B. Pratt, 94 State street, Albanv. 4. George Campbell, Cohoes. ALLEGANY. *Samuel H. Morgan, Cuba. BROOME. L. Coe Young, Ringhamton. CATTARAUGUS. 1 Samuel H. Bradley, Olean. 2. *Joseph M. Congdon, Gowanda. CAYUGA. 1 Thomas Hunter, Sterling. 2. *Hector H. Tuthill, Moravia. CHATAUQUA. 1. Albert B. Sheldon, Sherman. 2. Milton M. Fenner, Fredonia. CHEMUNG. *Henry C. Hoffman, Horseheads. CHENANGO. Solomon K. Bemis, Pitcher. CLINTON. Shepard P. Bowen, Plattsburg. COLUMBIA. *John E. Gillette, Hudson. CORTLAND. Albertus A. Carley, Marathon. DELAWARE. William Lewis, Hamden. DUTCHESS. *Isaac D Carpenter. Shekomeko. James E Dutcher, Poughkeepsie. ERIE. Jeremiah Higgins, 89 Scott, Buffalo. *Frank Sipp. 514 William street, Buffalo. Arthur W. Hickman, 8-10 E. Eagle street, Buffalo. George Bingham, Lancaster. *Harvey J. Hurd, El ma. ESSEX. James W. Sheehy, Port Henry. FRANKLIN. * William D. Brennau. Malone. FULTON AND HAMILTON. *David A. Wells, Johnstown. GENESEE. J. W. Holmes, Wheatville. GREENE. Orlando L. Newton, Westkill. HERKIMER. * William D. Gorsline, Miller's Mills. JEFFERSON. *Charles R. Skinner, Watertown. Henry Binninger, Dexter. KINGS. *John Shanley, 548 Henry street. 2. *John Me Ternan, 93 Washington-st. 3. * Lawrence J. Tormey, 82 Dean-st. 4. *Jo?tn M. Clancy, 165 Sands-st. 5 Thomas J. Sheridan,] 478 Smith-st. 6. *Patrick J. Tully, 333 4th-st. 1. Members of Assembly. 91 7. John Reitz, 113 Graham avenue. 8. Moses Enael, 133 Norman avenue. 9. Charles H. Russell, 239 South 9th-st. 10. ^Richard J. Newman, 591 Vander- bilt avenue. 11. William H. Waring, 215 Green-av. 12. Jacques Stilwell, Gravesend. LEWIS. *Charles A. Checkering, Copenha- gen. LIVINGSTON. Kidder M. Scott, Geneseo. MADISON.. D. A. Jackson, Madison. MONROE. 1. *George L. G. Seely, Fairport. 2. John Cowles. Rochester. 3. ^Frederick P. Root, Brockport. MONTGOMERY. Cornelius Van Buren, Amsterdam. NEW YORK. 1. Michael C. Murphy, 272 West st. 2. Constantine Donohue, 82 Elm st. . 3. Thomas Smith, jr., 178 Hester-st. 4. *John H. McCarthy, 223 Madison st. 5. * Thomas Bogan, 313 W. Houston street. 6. Matthew Patten, 36 Attorney-st. 7. *Isaac I. Hayes. Sinclair House. 8. *John E. Brodsky, 8-10 Center- st. 9. John W. Browning, 57 Grove-st. 10. Charles B. Brelun, 320 Sixth-st. 11. Robert R. Hamilton, 104 Broadway. 12. *Lewis Cohen, 200 Broadway. 13. Arthus D. Williams, 320 Broadway. 14. John Murphy, Marks place. 15. * Michael J. Dougherty, 552 W. 37th street. 16. Francis B. Spinola, 216 E. 18th-st. 17. James Fenning, New York. 18. Joseph D. McDonouyh, 7 1 Second avenue. 19. William F. Finley, 357 W. 53d-st. 20. * Frederick Thilemann, jr., 113 E. 69th-st. 21. William J. Trimble, 878 Lexington avenue. 22. Wm. S. Andrews, 201 E. 71st-st. 23. Charles W. Dayton, 3 Broad-st. 24. William W. Mies, Fordham. NIAGARA. 1. Elijah Adams Holt, Lockport. %, *James Low, Suspension Bridge. ONEIDA. 1. James Armstrong. New Hartford. 2. David G. Evans, Rome. 3. Thomas D. Roberts, Floyd. ONONDAGA 1. *Thomas G. Alvord, Syracuse. 2. *Albert Howland, Jordan. 3. *Henry L. Duguid, Syracuse. ONTARIO. John Raines, Canandaigua. ORANGE. 1. Joseph M. Dickey, Newburg. 2. W. H. Clark, Minnisink. ORLEANS. ^Marcus H. Phillips, Hulberton. OSWEGO. 1. *Patrick W. Cullinan. Oswego. 2. *William H. Steele, Williamstown. OTSEGO. 1. J. Stanley Browne, Sche nevus. 2. David Russell, Fly Creek. PUTNAM. S. H. Everett, 104 Vesey st., New York city. QUEENS. Townsend D. Cock, Locust Valley. George E. Bulmer, Jamacia. RENSSELAER. Charles E. Patterson, Troy. Richard A. Derrick, Center Bruns- wick. *Barnis C. Strait, Greenbush. RICHMOND. Erastus Brooks, W. New Brighton. ROCKLAND. John Cleary, Haverstraw. ST. LAWRENCE. *Daniel Peck, Gouverneur. *Worth Chamberlain, Canton. *Ebenezer S. Grasper, Stockholm Depot. SARATOGA. *Benjamin F. Baker, Ballston Spa. *Delcour S. Potter, Schuylerville. SCHENP;CTADY. George Lasher, Mariaville. SCHOHARIE. John J. Dominie, Gallupville. SCHUYLER. *Lewis Beach, Tyrone. 1. 2. 1. 2. 3. 1. 2. 3. 1. 2. LIBRARY OF CONGRESS •] 022 152 652 1 92 Members of Assembly. SENECA. Samuel R. Wells, Waterloo. STEUBEN. 1. Charles 8. Longwett, Bath. 2. *Russell M. Tuttle Hornellsville. srFFOLfc. *Everett A. Carpenter, Sag Harbor. SULLIVAN. Edward H. Pinney, Jeffersonville. TIOGA. *Edward G. Nowlan, Newark Val- ley. TOMPKINS. Truman Boardman, Trumansburg. ULSTER. 1. *George H. Sharpe, Kingston. 2. Marius Turck. Rondout. 3. *Thomas E. Benedict, Ellenville. WARREN. Benjamin C. Butler, Luzerne. WASHINGTON. 1. *Hiram Sisson, Eagle Bridge. 2. James E. Goodman, Hartford. WAYNE. 1. Rowland Robinson, Sodus. 2. Addison W. Gates, Maeedon. WESTCHESTER 1. William F. Motter, Youkers. 2. * William H CatUn, Rye, 3. "James W. llustcd, Peekskill. WYOMING. George M. Palmer, Pike. YATES. *Asa P. Fish. Dundee. "Members of last Assembly. f Independent Democrats. Republicans - 81 Democrats 46 Independent 1 128 LIBRARY OF CONGRESS 022 152 652 1