By the spring of 1880, the political battle lines were formed. The Superintendent of Public Instruction, Neil Gilmour, and his loyal political allies, established defensive positions at the New York State legislature.
Reformers, led by Dr. James Harmon Hoose of Cortland and other educators, established an aggressive counter-position with a new candidate for superintendent, John Gilbert, who was introduced to the legislature with high hopes for confirmation.
The reformers demanded a superintendent chosen by the state board of education. They wanted to abolish the procedure whereby the state legislature chooses the superintendent. Their expectations were higher than political reality would allow. Gilbert lost, and Gilmour was re-confirmed with no change in the process.
On June 28, 1880, Superintendent Gilmour wrote to Dr. Hoose and demanded his resignation from the position of principal of the Cortland Normal School. It shocked Dr. Hoose, and electrified his supporters. Gilmour's letter was unusual, as it did not state any charge or cause. Dr. Hoose replied to the superintendent. He refused to resign. The subsequent actions of the superintendent were going to be nasty.
The local school board wrote to Gilmour and requested an explanation, with a specific request for detailed charges. Educators across New York State followed the controversy.
On July 12, 1880, Gilmour wrote to the local board and to Dr. Hoose that, in effect, Hoose had been fired. The board wrote back and stated that it did not concur with the superintendent, and gave its opinion that Dr. Hoose was eminently fit for the office he held. The battle was joined.
The issue between the superintendent and the local board became a question of who had the authority to fire Dr. Hoose. The state superintendent and the state attorney general held the opinion that the authority rested in the state superintendent. The local board claimed that the authority must be shared between the local board and the state superintendent, that both had to concur.
Gilmour appointed a replacement principal and ordered the teachers at Cortland Normal School to report to the new principal. Six of the twelve teachers complied with the summons. The local board ignored the summons, filled six vacancies, and the autumn term opened with Dr. Hoose as principal.
Gilmour began to interfere with the appointment of students by withholding certificates, and by sending students to other Normal Schools. He also withdrew teaching authority from six teachers. On September 7, 1880, he ordered the school closed.
The local school board refused to close the school. There were five hundred students in the school. What would happen to them if the school closed? On the advice of counsel, the local school board requested that Superintendent Gilmour submit the question of authority to the state Supreme Court. Initially, this suggestion was rejected, then accepted with conditions, reconsidered again, and ultimately rejected.
On February 7, 1881, Gilmour obtained a writ of mandamus from the Supreme Court to compel the local board to terminate Dr. Hoose and recognize the new principal.
Dr. Hoose left the school but did not resign. A series of appeals on his behalf were initiated in the courts.
On April 18, 1882, the Court of Appeals set aside the writ of mandamus of the lower court and stated that Dr. Hoose was the legal principal of Cortland Normal School.
In April 1883, Superintendent Gilmour was removed from office by the state legislature and Hon.W.B. Ruggles was appointed superintendent.
Dr. Hoose resumed his duties at the school. Educators throughout the state applauded the outcome. A claim was filed against the state for lost wages on behalf of the dismissed teachers and Dr. Hoose. On May 3, 1884, the Board of Claims awarded back salaries to each of the plaintiffs. Gov. Grover Cleveland signed the bill on May 24, 1884.
This ended a bitter political battle that had been fought over several years. The decision gave greater security to educators, and established conditions for more comprehensive reforms. The initial skirmish was lost, but a principle of far greater value was won.
To view early photo of Dr. Hoose, click: http://dspace.sunyconnect.suny.edu/bitstream/handle/1951/50887/13-%20Dr.%20Hoose.jpg?sequence=1
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