The Public Schools of Sf^n Pranclsco; John C. Pelton's Course in Regard to the vSane Unmasked. /f//7^ //v/< THE /^A 'Hdficy //^/i/^' PUBLIC SCHOOLS t SAN FRANCISCO. JOHN C. PELTONS COURSE IN REGARD TO THE SAME UN MA.SKED RESULT OF THE INVESTIGATION OF THE CHARGES AGAINST JOHN C. PELTON BY THE COMMITTEE OF THE BOARD OF EDUCATION, JUNE, 1865. SAN FRANCISCO : 1865. THE PUBLIC SCHOOLS OF SAN FRANCISCO. JOHN C. PELTOFS COURSE IN RBGARD TO THE SAME UN MA.S KED RESULT OF THE INVESTIGATION OF THE CHARGES AGAINST JOHN C. P ELTON BY THE COMMITTEE OF THE BOARD OF EDUCATION, JUNE, 1865. SAN FRANCISCO 1 S65. '' •»"»« »*» "» 51^ ,1 TO THE PUBLIC. This pamphlet is published by those who sincerely desire the advancement of the best interests of our public schools, and for the purpose of directing public attention to the danger to be apprehended from the schemes of a designing man, who, through a mistaken sympathy on the part of the people, was elevated to exercise a certain control therein. The office of Superintendent of Public Schools is at present filled by a man who, as a teacher, was guilty of neglect of duty, unprofessional conduct, systematic insubordination, dis- obedience and falsehood ; and one who has the legal right to the office, but is apparently lacking in those high moral prin- cipals which are generally supposed to form essential elements of qualification for that position. This was clearly proven after a patient and laborious inves- tigation, made at his own request, and after he had been af- forded ample opportunity for defense. The decision and report of the committee having this mat- ter in charge, was made to the Board of Education in June, 1865, and nearly four weeks after the election of John C. Pel- ton to the office he now holds. The report having been adopted, the Board directed their Secretary, Daniel Lunt, to enter the same upon the minutes of their meetings. Four months have now clasped and the order is not obeyed ; Mr. Lunt refuses or neglects to make the re- cord, under the absurd pretext that " he has not yet had time," and himself and principal, with other friends, seem determined tl(|ftt the will of the Board in this matter shall not be carried into effect; and, in order that neither they nor their colleagues shall be allowed to suppress the record in this manner, it is now put in print and given to the public. That a determination exists to prevent it from being record- ed is clearly proven ; first, by the neglect of the Secretary (an appointee of the Superintendent), to make the entry as di- rected ; and second, by the refusal of the present Board to in- struct liim to perform his duty, as appears from the following proceedings: At the meeting of September 26th, 1865, a resolution was introduced as follows: Resolved, That the Secretary of the Board be, and is hereby, instructed to carry out tiie instructions of the Board, in regard to tlie report of the special commit- tee of wliich L. W. Kennedy was chairman; submitted June 13th, 18G5, within four weeks from this date. "Whereupon the President, J. W. Winans, a friend and sup- porter of John C. Pelton, left the chair and offered the follow- ing amendment : After the word " instructed," insert as follows : " And in view of the fact that be has lieretofore been unable to record the report of the Special Committee of wliich L. W. Kennedy was chairman, submitted June 13th, 1865, in the minutes, from the pressure of liis official duties, and because in the present relations of parlies, and in the present condition of things, it is deemed by this Board inex- pedient that such entry should now be made; he is therefore ordered not to make the same." The amendment was adopted by the following vote : Ayes — n. T. Graves, W. A. Grover, A. C. Nichols, George C. nickox, S. C. Bugbee, J. W. Winans ; Noes — L. B. Mastick, M. L^^nch, C. M. Plum ; and the resolution as amended, only failed of passing b}' the want of one vote. As the election of Pelton to his present office, took place some weeks before the report was adopted by the Board and ordered on the minutes, it is not apparent how the "present relation of parties," or the "present condition of things" have changed since that time to make it inexpedient that such en- try should not now be made, nor do we think that the fact of bis election, either before or after such action would be a suffi- cient reason for concealing his offenses or suppressing the record of his misdeeds ; and we do not intend that he shall again, in this instance, reap the reward of setting at defiance the expressed will of the Board. Had the Secretary carried out the instructions given him, and entered the report on the minutes, it is probable that the accompanying document and report, which were prepared in June last, would never have been made public; and that the report has not been recorded, and is now in the custody of John C. Pelton as Superintendent of Public Schools, is of it- self a sufficient reason for this publication. San Francisco, October 11th, 1865. Many Citizens. BEFORE THE BOARDJOP EDUCATION, JTJNE, 1865. During the past year the case of tlie dismissal of J. C. Pelton from the position of Grammar Master of the Kincon School, by the Board of Education, has occupied a large share of the public attention. The matter has been discussed through the columns of the newspapers of the day. The action of the Board in the premises was, previous to the election of Pelton to his present official position, the subject of the most bitter and acrimonious criticism, both in editorial articles and anony- mous communications, written during the interval by parties having no other object than that of bringing this body into disrepute, thereby hoping to weaken, if not destroy, its useful- ness, and cripple the cause of education, sim23ly to advance the interests of selfish and disorganizing spirits, who care not how much the public welfare may suffer, so that they may ad- vance or attain their own sinister ends. With this object in view, a regular and periodical system of warfare upon the Board of Education has been kept up by these parties for months past, and the flame constantly fanned by those who hoped to warm themselves by its blaze in the end. To these persistent and repeated attacks, the Board, in its collective capacity, and as individuals, paid no attention, but have gone on in the discharge of their varied duties, looking to the interests of the educational cause in San Francisco, " without fear or favor." The carpings of newspaper critics, and the snarlings of anonymous correspondents, have had no terrors 6 for them, and they have gone on in the even tenor of their way, uninfluenced by the one, unawed by the other. Deeming that a proper regard for the regulations adopted for the government of the schools of San Francisco, as well as the common school interest, demanded the removal of Mr. Pelton for a flagrant infraction of those rules, and conduct un- becoming the head of one of the principal schools of the city, they saw fit to remove him. That the public may judge fairly and impartially of the matter, and that no charge of a desire to influence public opinion for ulterior purposes might be urged in the premises, the publication of a full and impartial history of this case, with the finding of the Committee of Inves- tigation, its endorsement by the Board, and all matters bearing upon the case, has been delayed until the present. Acting, as they feel assured they have done, conscientiously in the prem- ises, and for the best interests of the charge placed in their hands by the suffrages of the citizens of San Francisco, whatever the verdict of the people may have been in this case, they are willing to stand by the record, and abide its final result. The following statement is accordingly presented, giving the result of the facts and evidence, drawn out by a long and laborious investigation, suppressing nothing that is material to the issue, and giving the defendant the full benefit of all testimony that makes in his favor, giving no one-sided, or ex parte, statements ; but endeavoring, as far as in our power, to give a fair and candid review of all the facts bearing upon the material points of the case. The first evidence upon record of the antagonistic attitude assumed by Mr. Pelton to the Board of Education, and his efforts to detract from and weaken the influence of that body, in his endeavors to make the same an object of censure and public odium, appears in a series of communications and edi- torial articles published in various city papers. In this de- partment the gentleman certainly exhibits a zeal and industry worthy a better cause; and the persistency with which he flooded the papers of this city with his missives directed against the Board, are alike indicative of his peculiar qualities of head and heart. There is scarce a paper published here, from the highest to the lowest, that he did not seek to make the medium of these continued attacks, and the organ of his self-concocted malignity. When interrogated upon this matter, he confessed to the authorship of seven articles of this character, which he pointed out. How many more of a like character he may have written, incited, or been instrumental in the publication of, we are unable to determine — but that he was at the bottom of the various newspaper attacks which have been made upon the Board of Education during the past year, is a fact estab- lished beyond dispute. A large number of these articles were written at u time when Mr. Pelton was in the employ of the party he was so persistently assailing, and whose influence he was endeavoring to injure by this series of covert and insidious attacks, thereby injuring the cause of education, which it was his duty, as an employee of the Board and a principal teacher of one of the public schools of this city, to sustain by all fair and honorable means. His first endeavor is, by a series of direct charges and speciously-worded inuendoes, to create a prejudice against the Board of Education, in getting the idea before the public that they are not men of families, and having no children educating at the public schools, are consequently unfitted for the positions they hold, as directors of the educational system of our city ; and does this at the very time he was sending his own children to a private school. As this matter has been the subject of much discussion, both in the newspapers and upon the outside, and as Mr. Pelton 's counsel, in his unwearied efibrts to make "the worse appear the better reason," has studiously endeavored to gloss this matter over in his remarks before the Committee, and in his address to the public, covering up the specious de- sign of the writer, and concealing the motive by which he was actuated, we give the initial communication, which appeared in the " Daily Morning Call" of April 26, 186i, that an impartial public may judge of the consistency and propriety of the course pursued by the writer in the premises, and the credibility of his statements in point of fact. The discovery of the author- ship of this communication was by the merest accident, but for which the writer might for a long time have remained un- known, and continued to stab his employers in the dark, and direct his missiles unobserved, secure in his conceal- 8 ment. A short time previous to the appearance of the article we copy entire, Dr. Dodge, member of the Board from the Third District, called at the Rincon School, during school hours, and, as was usually the case, found the head of the in- stitution absent, and away from his duties. Upon entering the teacher's room and taking a seat, to await his return, his eyes fell upon a paper, open, and fully exposed to public view, in which, observing at first glance his own name occupying a prominent position, he considered himself fully entitled to read. Upon the appearance of the article in print, a few days after, there could be no question as to its authorship. Upon being taxed with it, Mr, Pelton admitted the fact of having written it, as well as half a dozen others relating to school matters : " The Personnel of the Board of Education. — Nobody will dispute the average respectability and intelligence of the present Board of Education ; but, are many of them just such as citizens interested in the subject would coolly select for the office they fill ? "What peculiar fitness or qualification recom- mends them for their position? Let us, without prejudice, examine the matter a little. It will do no harm. Let us see who now constitute the Board of Education, and observe what their claims may be. From the First District, we have Mr, Mastick, lumber dealer — a successful, energetic business man — we believe a carpen- ter by trade — an honest, good man, at any rate. But here his peculiar fitness ends. He is without children. From the Second District, J. F. Pope, well known as an honest, intelligent gentleman, of fair education, and of aver- age abilities. He has to recommend him, however, to his present connection with our school department, what no other member of the Board of Education can claim, to wit : one child in the public schools of this city ! Is not this a very strange circumstance ? Dr. Dodge, an amiable, kind-hearted man, with no children, represents the Third District. The Fourth District is represented by Mr. Hitchcock, sta- tioner. He is blessed with no children for the public schools. From the Fifth District we have Mr. S. Storey, a gentleman of leisure and means, of capacity and intelligence, but unfor- tunately a bachelor; and so also, unfortunately, the Sixth District has recently been placed in charge of Mr. Giles Gray, an agreeable younfjf man, with all the needful qualifications, except those most desirable — a family. 9 The Seventh District is represented by Mr. Wm. G. Badger, who needs not an introduction to the readers of the "Call." Our only regret in this connection is, that the public schools do not enjoy his patronage ! Judge Alexander Campbell ably and honestly represents the Eighth District, but we imagine* his children, if he ever had any, long since graduated. The Ninth is vacant, and to this position Mr. Superinten- dent Tait recently nominated Mr. Jacob Deeth, with whose pe- culiar fitness we are not aware. He sends no children to the public schools. Tenth District enjoys the earnest, honest, yet very quiet, ser- vices of Mr. Widber, druggist. When Mr. W. has subjects of liis own for the development of his educational talents — those which will exert a personal and immediate interest in the schools under his care — he will make a good School Director. Such he has not yet, however. Eleventh District sends to the Board Mr. M. Lynch, Secre- tary of the Fire Department and President of the Board of Education. He is a gentleman well qualified for his import- ant position, except in the essential — a family and children. Such he has not yet, however. Twelfth District, Mr. D. Lunt, and unfortunately the same objection holds against the latter as to the former. Now, in re-examining the above list, what do we find? A Board of Education, consisting of twelve gentlemen, elected with special reference to their peculiar fitness for the discharge of the most important duties devolving upon any officers un- der the Government — the proper education of the people's children — about three-fourths of whom are without children or fiimilies — the whole twelve of whom patronize and bless the Public School Department with which they are associated, and for which they are now laboring, with one — just one — pupil? Is this right? A set of bachelors and married men, without families, in charge of the children of the community ?" So far from the charges contained in the foregoing commu- nication being true, in point of fact, nine out of the eleven members of the Board of Education, at the time of its publi- cation, were married men — the bare-faced statements and cun- ningly-worded inuendoes of the Principal of the Rincon School to the contrary notwithstanding. Setting aside the indelicacy of an employee of the Board — a teacher of one of the public schools subject to its government — resorting to the low subter- fuges of an anonymous newspaper scribbler, to covertly attack, 10 villify, ridicule and defame that body, Mr. Pelton is convicted upon his own confession, he having acknowledged the author- ship of this and a half dozen other anonymous newspaper articles — of publishing a wilful and deliberate falsehood, that he might lower that body in the public estimation to subserve his own selfish and sinister ends. If such is the rnan who is to be held up to the youth educating in our public schools as an exemplar in morals and a model of correct deportment, then indeed have we fallen upon evil times. In order to show his own view of the character of his arti- cle above given, and the others written by him, and the mo- tives which induced him to write and publish them, we here present his answer to the chairman of the committee, Mr. Lunt, who hud been directed to ask him for an explanation of his conduct in the matter. His answer is characteristic of the man, and needs only to be placed side by side with the above article in order to show his entire unworthiness of belief on any question in the result of which he is personally interested : D. LcKT, Esq. — Dear Sir: — I am in receipt of your note in behalf of the Ciinvassing Commiltee, requesting me "to inform" said committee "what articles I have published in regard to the Hon. Board of Education: " cilso, requesting me " to furnish a copy of said articles," and " to state the motives which prompted me in writing them." In answer. I beg to say that your requ3sts, prompted, as I am sure they are, by kind intentions and feelings toward myself, are hereby very readily and cheer- fully complied with. Your inquiries I presume, have reference, only, to those articles of recent date. During the past month, I have written for publication, several short and unimpor- tant communications, on various school topics. These have all appeared in the "Morning Call" from which they have t)een clipped, and are hereby placed at your service. I have also designated them in the scrap book kept in ihe Super- intendent's office, and should you so desire, Mr. Tait will point them out to you ; but I think they will scarcely repay your perusal. In all the articles in question I have, as you will perceive, twice alluded to the Hon. Board of Education, and once referred to the gentlemen composing the same. I beg you to carefully note the language of these references, and obtain correct ideas as to the spirit which prompted each and all of them. If you wonld cor- rectly understand the spirit and intent of them, please consider them as a whole. When you have done this, gentlemen, I feel assured that you will at once acquit me of, at least, all intentional wrong toward any one; of anything approaching hostility, disrespect, or discourtesy toward the Hon. Board of Educaiijn or any member thereof; all such motives and feelings I can, and do hereby, most sin- cerely and truly disclaim, not only in relation to the matter in question, but in re- gard to all my acts and intercourse with and motives toward said Board and its members, since it has been my privilege and pleasure to be connected with the School Department. Nothing but feelings of the utmost kindness and respect have ever, or do now, or as I trust, will ever actuate me. Xo man can instance an act or word of mine not in accordance herewith. 11 * As to the particular motive or inteution of each of the several articles submitted to j'Oii, I can Hcarcely suppose you intend to in([uire ; I have, however, spol^en of the whole matter to several members of your committee, as well as to yourself, with entire frankness. I doubt not you or other gentlemen of your committee will, if necessary, be kind euougli to more particularly explain anj'thing I may have herein omitted. I ask no apology from you or from any other friend in your committee, but a full and fair exposition of circumstances and facts regarding any of my acta. I certainly feel that I need nothing more with the gentlemen com- posing your committee, or with the Hon. Board of Education. I remain, Mr. Chairman and gentlemen of Canvassing Committtee, with due re- spect, your obedient servant, J. C. Pelton. May IGth, 1864. Mr. Pelton's next move exhibits his utter disregard of the rules adopted by the Board for the government of the schools, and of that strict line of discipline and conduct which it is so essential that a teacher in the public schools, of all others, should observe to the letter, that he may, by his example, im- press its importance upon the pupils under his charge. Being made fully and painfully aware of the evil results attending the holding of public festivals by the School Department, in which outside parties were allowed to participate without dis- crimination, and from which it is impossible to exclude im- proper characters, a regulation was adopted, peremptorily pro- hibiting the holding of any festival or exhibition^ except upon permission obtained from the Board for such purpose. No more cogent reason for the adoption of this stringent rule would be given than that enunciated by the counsel for the defense in this case, in his special pleading to his "jury of the people," assembled to hear his harangue on the eve of the late municipal election. In the course of his remarks, exhibiting his desire to earn the five hundred dollar fee, contingent upon the election of his client, speaking of some of these prohibi- ted festivals, he stated that at some of them "the most noto- rious libertines of the town were seen whirling with school girls in the giddy mazes of the dance." The necessity for the adoption of such a rule, and the importance of its strict ob- servance and stringent enforcement, must be fully apparent to every one at all conversant with the circumstances, and from his long years of experience, claiming as he does to be the pioyieer (?) teacher of San Francisco, no one could have been more fully aware of this fact than Mr. Pelton. Without com- pliance with the provisions of this rule, and in direct opposi- % 12 tioD to its plain prohibition, he advertises in the newspapers of the day a public excursion of schools, appending to the notice of invitation the names of other teachers, not one of whom ever authorized or sanctioned the use of their names in such connection. The appearance of this public notice on the 28th of May, 1864, was the first intimation had by the Board of Mr. Pelton's extraordinary procedure in this matter. At the instance of Mr. Badger, the Director from the Seventh Dis- trict and Chairman of the Committee on Rules and Regulations, a special meeting was called April 29th, 1864, to take the affair into consideration. All the members were present, ex- cept those from the Tenth and Twelfth Districts, the vacancy in the Ninth District not having been filled. At this meeting the following resolution, which, with the notice appended thereto, was published in the papers of the next day, was unanimously adopted: Resolved^ That the following notice shall be published in the morning papers, and in the " Evening Bulletin " of Satur- day, Sunday and Monday next: Notice. — The Board of Education have not, in any manner, authorized the excursion of the Public Schools, advertised to take place on Monday, May 2d, 1864, to Redwood City. At the same meeting the Chairman, Mr. Badger, the Super- intendent of Schools, and President of the Board, were ap- pointed a Committee of Investigation. This Committee accord- ingly reported at a subsequent meeting, held the ensuing week, presenting communications from all the other Grammar Mas- ters, whose names had been appended to the notice of this excursion, stating that they had nothing whatever to do with the affair, and that their names, as well as those of their schools, had been used by Mr. Pelton without their knowledge and consent ; which statements they afterward, upon examination, verified in open Board, upon which they were exonerated from all blame in this connection. As Mr. Pelton, after the publica- tion of the foregoing notice by the Board, disapproving his action in the premises, persisted in carrying out his original design, thus publicly setting the authority of his superiors at defiance ; they considered it alike due to their own self-respect, and the vindication of the rules adopted by them for the gov- 13 ernmcnt of the schools, that their infraction in this case de- served a public rebuke, and the following resolution of cen- sure was accordingly passed. Whereas, Mr. J. C. Pelton, at present a Grammar Master, has been charged with violating Section 12, of miscellaneous rules, by holding, or causing to be held at Redwood City, on the 2d of May, 1864, a pic nic and festival, and has been called upon to show cause why he should not be considered guilty as charged, and has rendered his answer in writing, which answer having been read in open Board, and considered insufficient, therefore : Resolved^ That the said J. C. Pelton, is hereby adjudged guilty of violation of said Section 12, of Rules, and is hereby publicly censured by the Board for violating the rules. In his answer referred to in the foregoing preamble, among other things Mr. Pelton says : " I then did have some commu- nication with the Chairman of the Committee on Rules and Regulations ; also, with the Director of my District^ and one or two other members of the Board of Education. From all these gentlemen I thought I received a cordial endorsement of my proposed excursion, and certainly, neither of them intima- ted the necessity of the formal action of the Board of Educa- tion, and hence, if from no other reason, I presumed there was none ; I, with other teachers, enjoyed an excursion and pic nic with my pupils, last year, just as I have this, except as to ex- tent, and without any previous action of the Board of Educa- tion." So far as the implied consent of the Chairman of the Com- mittee on Rules and Regulations conveyed in the loregoing statement is concerned, we have shown that that gentleman took the initiative in calling the Board together to repudiate Mr. Pelton's action, in every particular ; and as for obtaining the consent of the Director of his district, there was no such personage at that time in existence, there being a vacancy in the Ninth District, which was not filled until the appointment of Mr. Thompson, on May 18th, 186-4, some weeks after (see Mr. Pelton's "Personnel.") The excursion or pic nic, which Mr. Pelton says, he with other teachers enjoyed with his pupils the year previous, was a widely different affair from his public excursion to Redwood City. Had the grammar master of 14 Rincon school, or any other teacher simply desired to go quietly and without a public parade, upon an excursion or pic nic with the members of his school, no possible objection could or would have been made by the Board; but when, without consultation with, or authority from them, he gets up, and advertises with a grand flourish in flaming terms in the newspapers, an excursion of the Public Schools to which all creation is invited, making an unauthorized use of the names of other grammar masters, and other schools, and by impli- cation the name of the Public School Department to give char- acter to his ovation, they considered it due alike to the author- ity vested in them, and the interests of the Department under their direction and control, to publicly censure such glaring and flagrant insubordination. Mr. Pelton, in the concluding portion of his answer, lays considerable stress upon the fact, that there is nothing in the Manuel prohibiting in direct words, an "excursion" or "picnic." In the same writer's letter to the Examining Committee, which will be found in another portion of this exjyose, he frankly admits that he ^^ failed in Algebra, and did Utile better in Arith- metic.^^ In his endeavors to make it appear that an " excur- sion" or " pic nic " is not n festival, he exhibits an equal want of knowledge in the department of Philology; the youngest pupiljthat attended on this occasion, might well have taught him that the terms are synonomous, and their strict meaning identi- cally one and the same. That the very objections which called into existence this vitally important rule, prohibiting festivals and excursions except with permission of the Board, and which were portrayed in such glowing colors by Mr. Pelton's counsel on the occasion referred to, existed in all their force on the oc- casion of this pic nic; we need but quote the following ex- tract from a description of the affair which appeared in the columns of a city paper the morning after, giving in italics, those portions which more fully define its character : " Getting out of the dry and dust}' city, and seeing the old oaks, green fields, and timber covered mountains, one feels al- most enthusiastic over the country. It is charming, it is mag- nificent. The spot chosen on this occasion, the shady old oaks with their gnarled boughs, here hung with moss, and there 15 with mistletoe ; the elder trees in bloom, and the fragrant bay trees; the green sward underfoot; the hillsides on one side, covered with stately redwood trees, and on the other, the Con- tra Costa mountains, with Mount Diablo looming up in the. far distance behind them, all was grand. It was just the place to spend a warm sunny day stretched at ease " under the greenwood tree^"* or lunching in a merry company, or strolling off into more retired portions of the grove^ or romping with the children in their games, or dancing on the well prepared floor, each one fol- lowed his or her inclination, and each one found pleasure at hand. "There were family circles, here were lovers^ rambles^ ihere were children's frolics. In a word everything was as well ar- ranged, and passed off with as much satisfaction as possible." In view of this description of the affair, need it excite sur- prise in the community that so much was said about the im- morality existing in the Rincon School, of which the public were apprised about two months thereafter ; and, as is it not probable that the origin of it, could be traced in part if not wholly in this very violation of the rules and regulations of the department, by the Principal of that school? We leave the matter in the hands of the thoughtful, to pon- der over at their leisure. Before dismissing this subject we would state, that although May parties and social gatherings had been held in times past, by the various schools, none such was ever held without per- mission having first been obtained from the Board by the teacher having charge of the same. Next, and for the sake of historical succession, we review the charges in this case, not in the order in which they stand, as they are preferred, but according to their chronological dates, we come to the Rincon School examination, in May, 1864, which has occupied no small degree of attention from the press and the public. In this matter, the Grammar Mas- ter and Principal of the School plays a part, alike disgraceful to a man holding his position, detrimental to his pupils, and the interests of public education, resorting as he does to sub- terfuge to cover up his delinquency, and prevarication to pal- liate his offense. In order to judge by comparison of the pro- gress of the Public Schools of San Francisco, by contrast with the most prominent and successful in the Atlantic cities, the Examining Committee of the Board, after having prepared questions for the examination, determined to adopt tha questions contained in the report of the Cincinnati Common Schools, their reputation being among the highest in this de- partment of popular education in the East. Mr. Pel ton, through his former superintendency, was in the receipt of a copy of this report, and it appears from his own admissions, as well as the testimony of the pupils, that he dictated the ques- tions contained in it to his school to copy, which copies they retained, and that a number were allowed to take the book home with them. To verify this more fully we give the tes- timony of some of Mr. Pelton's pupils in relation to this essen- tially important matter : Testimony taken at the State Normal School Building hy George 2aitj at the request of the Committee, at which tuo members were present at the Investigation. Statement of Miss Barnard, one of the pupils of the Rincon School: My number Id the last examination (of Rincon Grammar ^chcol), was 35. I obtained 49 per cent, of correct answers at the examination. Quesiiou. — What was the reason of your faihire in the examination? Answer. — I know as much as many who passed the examination; but you know a great many cheated; they talked to each other; as soon as one would find out the answers they would communicate. I saw ihe questions (printed for the examination), before the examination took place. I can bring the copy I made of these questions when at school, and also a copy of t e answers to these questions. I have the questions on Ariihmetia G.ammar and 11 story." Q. — Did Mr. Pelton say anylliing to your class in regard to the questions alter the class had discovered that they were the same that you had had, before the examination? A.— He said, " 1 told you it might be to your benefit to study." Miss Sophie Cadt. — I have been a member of the first class one year. I got 42^ per cent, in tiie examination. Q. — Was any injustice done you in the examination? A. — Yes; some girls studied the " Cincinnati Report ; " several scholars com- municated; I copied tiie questions used in the examination, took them home, and have not looked at them since examination. Miss A. Sawyeb (No. 55 in the examination ) — I got fifty-one credits in exam- ination ; have been one year in the class ; I saw several of the class whispering ; the Examiner and Teacher could have seen them ; I had the questions out of the " Cincinnati Report,' which I copied from the dictation of Mr. Pelton; I found out the answers to them at home. Q. — Did any of the class say anything when the questions were first given out and recognized ? A. — Yes; they said, " Oh, we've had them before!" I recollect having seen the Grammar and History questions before they were given out at the High School Examination; one of the girls took the 'Cincinnati Report" home and studied the questions ; after we found out that (hat look was going to be used, other girls asked Mr. Pelton if they, too, might not have the use of the book? Mr. Pelton re- plied, "Wait until she (Carrie Hook) is through with it J" 17 With this proof before the committee as to the questions from the " Cincinnati Keport" having been used in the Rin. con School, and in order to allow Mr. Pelton to explain the matter, a communication was addressed to him by Mr. Gray, chairman of the Committee on High Schools, asking him to inform the committee if any unfair means were used by his pupils at the late examination, so far as his knowledge ex- tended ; and also, whether he was aware of any reason why the examination was less severe to his scholars than to those of either of the other Grammar Schools. To this plain and direct inquiry, and with the full know- ledge before him of the use made by his scholars of these questions, but apparently not supposing that the members of the Board had been informed of this fact, he replied in a lengthy letter, saying that no unfoir means had been used by them so far as he was aware, and that no reason existed why the examination was less severe to them than to the scholars of the other Grammar Schools, except their previous drilling^ and wound up by complaining that he thought his pupils had not had as fair a chance at the examination as those of some of the other schools! Afterward, when the matter was brought before the Board for investigation, and the proof there adduced to show the un- fairness of the examination in his school, and the great advan- tage thereby obtained by his pupils, was so full, direct, and overwhelming that it was useless for him longer to deny it; he then admitted that he had dictated some of the questions to his pupils to copy previous to the examination, which they had done, yet he protested against a re-examination of his class, and with that nice and accurate sense of justice for which he is noted, contended that they had only received the infini- tesimal benefit of one eighth of one per cent/ "While Mr. Pelton may have been at the outset unaware of the selection of these questions by the Committee, after the fact was made known to him, he failed to communicate the knowledge of the use which he had made of this report, and during the progress of the examination allowed the book to remain on his desk, for consultation by his pupils, to refresh 18 their memories, thus giving them an unfair advantage over those of the other schools. The consequences of the advan- tage thus surreptitiously obtained were, that Mr. Pelton's school came through the examination with flying colors, bearing away the palm from the others — the Rincon School presenting by far the largest number of candidates for High School honors, was, of course, trumpeted forth as the model of the depart- ment, and its principal the most successful of teachers. It coming to the knowledge of the Board, through the complaints of the pupils attending the other schools, that Mr. Pelton's scholars had had the advantage over them, and they had not been fairly dealt with in the premises, the Board, as an act of justice to all concerned — to the pupils deprived of this advan- tage, to themselves, and the public at large interested in the matter — proceeded promptly to investigate the affair, and the foregoing facts being elicited upon examination of both pupils and teachers, they decided that the only reparation that could be made in the premises, was to order a re-examination of Mr. Pelton's class, which that gentleman most vehemently opposed, claiming that the benefit derived by his pupils from this pre- vious drilling in the questions that were used on the final ex- amination, did not amount to more than one eighth of one per cent. In order to cover up his own tergiversation and petty little fraud, so innocently perpetrated in allowing this game to be practised, winking the while at the advantage taken of pupils not similarly favored, he, with that want of candor and fair-dealing which has characterised his entire connection with the Public Schools from first to last, endeavored to palliate this fragrant outrage upon the rights of the pupils of the other schools, as well as the good name and standing of the entire department, by the base and unfounded charge that other teachers had had copies of the "Cincinnati Report," and that their pupils had had like access to, and availed themselves of the information contained in its pages. This charge, like all simi- lar ones emanating from the same source, was proved upon in- vestigation to be the coinage of its author's brain, so fertile in expedient, and apt in excuse, when detected in practices alike unbecoming a man of truth and candor, and a teacher, and 19 head of a scbool, who is presumed to present to the pupils un- der his charge, in his daily walks and conversation, a model of correct deportment and fair dealing for their study and in- formation. While upon this subject, we would state that the charge against the Principal of the Rincon School of encouraging by his own daily example the practice of falsehood, hypocrisy and deceit, were fully sustained by the evidence. In order to render the ordeal less trying and avoid any mortification to either scholars or their parents, that might arise from a failure to stand the test, the questions used upon this second exami- nation were about of the same tenor and grade as those pre- viously used. Notwithstanding this, certain city papers in the interest oi tho, persecuted patriot Pelton, and for whose columns he devoted that time to writing lampoons and concocting com- munications bespattering his employers, that was due to his contract with them as a teacher, abused the Board roundly for practising this act of simple justice to all parties concerned. This would-he victim of tyranny and oppression, has been ^alike successful in his employment of that mightier weapon "in the hands of men entirely great" — than the sword — " the gray goose quill ;" and the oily tongue of the counsel allowed by the courtesy of the committee, to conduct his defense be- fore them, and who, to render the payment of his fee secure beyond peradventure, bj^ the election of his client to the office of Superintendent of Schools, adjourned the argument of the case from before the committee to what he was pleased to term "a jury of the public," assembled at Piatt's Hall the night preceding the late municipal election. In this solemn farce, in which, so far as both clitnt and counsel were concerned, and which might, in common parlance, be truly styled a '^free blow,^^ the latter, with a substantial background of " platform statuary" — the stage being set with a special eye to scenic, if not moral, effect — " the victim of systematic persecution," whose fancied wrongs were portrayed in such glowing colors on the occasion, forming the key -stone to the human arch, was intensely edified, doubtless, at his advocates' lucid explanation of his answer to the question concerning the angle of the axis 20 of the earth with the plane of its orbit, and the recital of the imaginary injuries he had received from those whose forbear- ance he had abused, and at whom, with the cowardice of the midnight assassin, and lacking the boldness of the bravo, he had aimed his malignant missive, and hurled his pointless shafts, secure, as he supposed, until detected in his nefarious practices, in his hiding place behind the teacher's desk. Until these wrongs were depicted in such glowing colors on this oc- casion, their victim was doubtless unaware of the extent of the injury that had been done him — like the suitor, who, upon hearing the eloquent harangue of his paid counsel, reciting his grievances, burst into tears in open court, exclaiming that he really " had not known how much he had suffered until he had heard his lawyer plead his cause." As was the case with his defense of the Southern Confederacy pirates, the counsel labored most assiduously to torture facts and distort evidence, that he might, with his usual adaptability to any case, make "the worse appear the better reason." He waxed eloquent over the ruthless oppression of his client by the tyrannical Board of Education, and their dismissal of him for his ungentlemanly' deportment, unmanly conduct, incompetency, and, above all, practices grossly outraging morality, and in the highest degree unbecoming a teacher of the youth of our schools. We will here state that, unwilling to damage his professional reputa- tion and jeopardize his chances for employment elsewhere, the Board forbore the public expose which j ustice alike to themselves and the public, compels us now to make of the facts called out by this investigation, demanded by Mr. Pelton himself. His counsel, in his Bombastes Furioso effort at Piatt's Hall, charged that, like "sleuth-hounds," the Board of Education had hunted his client down, and sought his ruin, when his little family were suffering, and the wolf was at his door. Now, although not brought out directly in this investigation, but since this side issue has been opened up by counsel, we are prepared to show, from the records of the Department, that Mr. Pelton has drawn, in times gone by, some thousands of dollars from the public school fund, surreptitiously obtain- ing, in one instance, a large amount in coin, which was in re»'' 21 ity due only in scriij) and so far from the gaunt wolf being at his door, the loolf in sheep's clothing was really inside, licking his chaps over a mutton chop, and laughing at the success of the numerous little artful dodges he had played off. In the course of his remarks before the Committee of Investigation, Mr. Pixley, on more than one occasion, spoke of the corrections administered to himself in his school-boy days by the knight of the birch and ferrule. Ilis course throughout this whole matter shows his need o^ further corrections^ and we accordingly administer a corrective in the following extract from the report of the Superintendent of Schools of February 28th, 1852, as verified by the records of the Department : " I find also that divers warrants have been paid out of these tax moneys for purposes not recognized by the charter, nor by tjhe ordinance creating the Free Common Schools; for old debts due only in city scrip, and for the payment whereof in scrijy provision had been made. "August 12th, 1851, Warrant issued to J. C. Pel- ton, and paid October 20th $500 00 " September 5th, 1851, Warrant issued to J. C. Pel- ton, and paid January 5th, 1852 877 42 "October 1st, 1851, Warrant issued to J. C. Pelton, and paid January 27th, 1852 500 00 "December 8th, 1851,^^ Warrant issued to J. C. Pel- ton, and paid January 27th, 1852 500 00 " Total, $2, 177 42 " All this amount has been improperly paid out of the moneys paid into the ' Free Common School Fund,' from the collec- tion of the Free School Taxes, for services rendered long be- fore that tax was ordered, and in open violation of the provi- sions of the Free School Ordinance." In addition to his long service as the Pioneer Teacher of San Francisco, Mr. Pelton has also been Superintendent of the State Reform School, and has more recently declined the ofl'er of temporary Superintendent of the Industrial School of this city; without being exactly aware of the institution at which he received his early training, if it was one of the same char- acter of either of these, his conduct reflects but little credit upon the system pursued. 23 The following letter from Mr. Pelton to the Superintendent of Public Schools, in relation to the employment of Mr. Lit- tlefield by the Board as Sub-Master of the Rincon School, in order to allow its Principal more time to parade himself on the streets, to electioneer^ and r/e^ up his papers^ will explain itself, and needs no further introduction or comment: San Fraxcisco, August 2d, 1864. To Vie Superintendent of Public Schools, and Committee on Rules and Regulations of the Hon. the Board of Education : Dear Sir: I deem it but a duty which I owe myself as well as my school, its patrons and pupils, to state to you that I feel it to be simply impossible for one man to effi- ciently and successfully perform the duties now required by the Manual of the Principal of a school, such as that under my charge has now become. To faithfully teach a class of from forl}'-five to fifty young gentlemen and ladies, such as compose our first grammar clusses, is enough to tax tbo energies, of any one, however steady his nerves or sound iiis constitution. To attend to the suitable classification of pupils entering, and the proper in- struction of a grammnr school numbering five hundred or more children and youth ; to see that the instruction given in all the various classes, and in the sev- eral grades has unity, and is in concert and harmony with the general system of advancement, promotion, and graduation adopted by the Hon. Board of Education, and required bj- them to bo properly carried out; to become familiar with the circumstances of pupHs at home by visiting them there, and by such "frequent" visits, securing the co-operation of parents and guardians in behalf of their chil- dren and wards; to listen to the greivances, complaints, and requests of parents, teachers, and pupils; to attend to the daily, and almost liourly wants of teachers, and decide and act upon their appeals in matters of discipline, etc., constantly arising in a school so large as that uuder my care ; to keep tlie necessary records and make the required reports, and finally, to do and attend to the one thousand duties which cannot be easily stated, but of which you can conceive, as indispen- sable in a large grammar school in this city is also, without teaching much, enough to full.v occupy one man's time and thoughts, and employ his unflagging energies; but to faithful!}' and with good success to teach the Principal's class of fifty pupils, and ill addition perform these other important and indispensable imperfectl}' enu- merated above, (not one of which should be omitted) I repeat is an impossibility, in my opinion. Wherefore, I most respectfully beg through you, the appointment in my school, of a special assistant (gentleman preferred) or lady. Respectfully, your obedient servant, J. C. Peltox. Dismissing this subject, we come next to the examination of teachers, about which considerable has been said, both in the papers and by Mr. Pelton's counsel. In his letter to the Ex- amining Committee, which will be found in the report of the Committee of Investigation, under the specious plea of illness, that person admits that he '^failed in algebra, and did hut little better in arithmetic^ His disease was really a mental and moral, rather than physical illnes.s, caused by the fear of failure and consequent rejection at this examination. His plea forcibly reminds us of that of the writer of a letter, who, by way of 23 • excusing its errors of orthography, remarked that he "had such a cold in his head, he couldn't spell at all, at all !" as well as another of a Senator from one of the rural districts, in the early days of California legislation, who, when ridiculed by a colleague for his wholesale murder of " the King's English," excused the fault by saying that '^ owing to the loss of some of his front teeth, there were a great many words he could not pro- nounce correctly ! " After the examination, Mr. Pelton, feeling very naturally nervous over the answer he had made to a question in physi- cal geography, inquired of two of his fellow candidates, Messrs. Marks and McGlynn, how they answered the follow- ing interrogatory : " What angle does .the axis of the earth make with the plane of its orbit ?" Learning from this con- versation that he had given an erroneous answer to this ques- tion, with his accustomed adroitness and adaptability in extri- cating himself from every dilemma in which he is placed, he forthwith addresses a note to Professor Minns, stating that, upon reflection, he was satisfied his answer was incorrect, ren- dering at the same time the true solution, giving his solemn assurance that he had, since the examination, consulted neither looks or individuals in relation to the matter — upon the strength of which he was credited with the correct answer, and his per- centage accordingly raised, making a very material advance in his aggregate credits. This is but another evidence of the many instances of the persistent prevarication and studied sub- terfuge resorted to on all occasions by this persecuted, pure and immaculate model, who claims to be the pioneer in the cause of education here, and is held up by a common lawyer as the head and front of the San Francisco common schools. The proof being clear and conclusive that the certificate awarded him under these circumstances was in part obtained by fraud, what unprejudiced mind will deny the right and justice of its revocation by the Board? At the time of the discovery of certain immoral practices among the pupils of the Kincon School, Mr. Pelton signifying to the Board his desire to ferret out and bring to punishment the vendors of obscene publications, leave of absence was 24 given him for a short time, during which he, with commenda- ble zeal and industry, aided by an efficient police detailed to assist him, succeeded m capturing and confiscating a quantity of those contraband articles, which had been so instrumental in poisoning the youthful mind, and corrupting a prurient im- agination, clandestinely permitted to feed on such unwhole- some mental aliment. The time required for this service was a little less than three weeks, for which term Mr. Littlefield was employed and paid by the Board, to supply Mr. Pelton's place. Judge Shepherd, and the policemen who assisted Mr. Pelton in this laudable undertaking, being called for the defense, testi- fied that the time really occupied in the business was but about eight days — notwithstanding which Mr. Pelton took advantage of the three weeks of absence allowed him. At the expira- tion of this leave, finding it much pleasanter to range around the town, stand on the streets to button-hole passers-by — no matter whom — to sign his "pioneer" documents, Mr. Pelton continues Mr. Littlefield — whom he wished to place in the po- sition of sub-master of the Rincon School — for three weeks longer, with the assurance that if the Board of Education did not sanction the authorized employment, he would himself pay the salary due for this time. The Board, not being bound either in law or equity to pay this bill, and unwilling to set so dangerous and unwarranted a precedent, refused to allow Mr. Littlefield for any longer time than that they had authorized. During this time Mr. Pelton absented himself from his school on his own private business, entirely distinct from his vocation as a teacher, or that of the Department of Public Schools. Upon the refusal of the Board to audit and allow Mr. Little- field's bill for this unauthorized time — he having been notified by the Superintendent of Schools that if he continued he must look to Mr. Pelton for his pay — that gentleman refuses to give him the amount due, and at the time of this investigation Mr. Littlefield testified that the bill for this extra three weeks still remained due and unpaid. As the municipal election has since intervened, it is possible that the matter may have been ami- cably adjusted. In canvassing this affair, it was proven by the testimony of numerous witnesses — teachers, pupils and 25 visitors — that Mr. Pclton was absent at times when he should have been attending to his duties as a teacher. His particuhar business at such times appears to have been getting signers to his certificate, that he, and he only, was the pioneer pedagogue of the city of San Francisco, State of California, and perhaps of the entire Pacific coast. This certificate, with nu- merous letters from our first men, which he " doctored " up to his own standard, he publishes in pamphlet form, under the title of " Origin of the Public Schools of San Francisco," which was at first advertised for sale at the bookstores, but which for a few days before the election was distributed gratuitously on the streets, in hotels, bar rooms and railroad cars, with this ticket on the title page — ^^ From J. C. Pelton" — "Origin OP THE Public Schools of San Francisco." In order that the public may understand this matter cor- rectly, we here present Mr. Littlefield's statement as made to- the Investigating Committee, to wit : San Francisco, May 13th, 1865. To Committee on Pelion Investigation : Gentlemen: — I was seut by Mr. Tait, July 13th, 1864, to take charge of a class (fourth grade) iu the basemept of Rincon School, two and one half (2i) days, to which class Miss Ilobart was afterward appointed. The following Monday, July IStli, I was directed by the Superintendent to take charge of the first class, Mr. Pelton's, and to remain in charge " until fuither or- ders." I remained there three (3) weeks, and at the expiration of that time, was informed by Mr. Tait, that Mr. Pelton would resume the duties of his school, and that I should not be any longer wanted. I went back to Mr. John Swett's office, where I had been working previous to my teaching for Mr. Pelton. I remamed in Mr. Swett's office one or two days and Mr. Pelton came or sent for me to come and teach for him. He said he would like to have me assist him the remainder of the term, and thought we might get the Board to favor my appointment as assistant, and ad- vised me to consult with the Committee on Rules and Regulations, of which Mr. Badger was chairman. Mr. Badger informed me that " so far as he had any au- thority," he was perfectly willing; but advised mo to see the other members of that committee, mentioning Mr. Hitchcock whom I immediately saw and ob- tained his consent. Mr. Thompson, the other member of that committee, I did not see. In the meantime I saw Mr. Tait, and he peremptorily refused to sanction my remaining there. The consent which I obtained from that committee, did not fully satisfy me that I should recover my compensation for my services, and I went after a few days teaching for Mr. Pelton back to Mr. Swett's office. I did this as often as three (3) times, but a day or half day would elapse when Mr. Pelton would come or send for me. I finally consented to remain with him until the close of Che term, by his prom- ising to compensate me if the Board would not. I remained in his school and took almost exclusive charge of his class (one week he not making his appearance at all,) until the close of the term. Yours, very truly, J. D. Littlefield. We have shown that the overwhelming testimony brought to sustain the charges against Mr. Pelton, fully justifies the verdict of the Board in finding him guilty of off'enses alike against good morals and manners, any one of which should dis- qualify him for the posiiion of the teacher of youth, whose duty it is to look up to their principal, not only as a model in their educational, but their moral training. Mr. Pelton is self* convicted upon his own admissions, of covertly attacking the Board and Department as an anonymous scribbler, while in their employ, and under the implied obligation assumed by every teacher to co-operate with, and aid and assist them, by every means in his power to further the interests of the Public Schools ; neglecting no occasion to make a blatant parade of his fifteen years connection with the schools of this city, and to exhibit his hypocritical zeal in the cause of Common School Education, in order to further his own sinister ends, and ad- vance his selfish aims — he covertly spares no pains or exertion to undermine his superiors — neutralize their efforts, and dis- organize the entire system. Under the specious guise of a de* sire to comply with the rules adopted by the Board for the government of the Public Schools, he is guilty of open, glar- ing, and unblushing insubordination. By fraud and falsehood he obtains a certificate of competency to teach, and procures the position of Grammar Master. His own letter to the Examin- ing Committee acknowledges his failure in two of the ordinary* at the same time most essential, branches of the Common School course. Installed in his position as teacher, instead of endeav- oring to make up for these shortcomings and admitted failings, by devoting himself assiduously to the business of fitting him- self for the successful pursuit of the profession he claims to have followed for nineteen years, he neglects the duties for which he is specially employed, and services for which he contracted to render as an equivalent for the salary paid him ; or spends the time which he should devote to his pupils, in traversing the streets, practising the low arts of the wire-working politician ; laying the ropes with all the industry and subtle craft of the trickster, who paddles about the purlieus of the " filthy pool of politics," that he may rise on the surface with its scum, and taking advantage of a turn in the tide, float into the safe and 27 secure haven of public favor, making his " calling and election sure," and landing in profitable place. With the craft and cunning of an old political hack, while supposing himself se- cure from observation, in his concealment, he directs his poi- soned shafts against the hands that feed him ; discovered in his hiding place, and his venality exposed, he forthwith raises that most potent of all electioneering cries, that^of persecution. Considerable of the testimony went to show that he was tardy in closing, as well as absent at the opening, thus beget- ting a habit of irregularity that could not but be fatal to that routine so essential to the discipline of a well conducted school- In his begging letter presented to the Board at its meeting of October 12, 1864, Mr. Pelton, with a full knowledge of the causes we have detailed, and which led to the revocation of his certificate and dismissal as Grammar Master, after a recital of his long years of service as a teacher, endeavors to enlist public sympathy and manufacture outside capital by prefer- ing the following request : " May I not hope that those whose special care it is to defend the rights and interests, and regard and enforce the ordinary courtesies due to teachers in the practice of their profession — may I not hope that they (the members of your hon- orable body) will cheerfully and promptly grant that which I again most respect- fully claim, to wit: "First — The return or renewal of my certificate, which was revoked without cause, and, as I am assured, under a misapprehension on the part of your honora- ble Board. " Second — A fair hearing and trial before an impartial tribunal upon the spe- cific charges, if such ever have been, or can be preferred, upon which I was re- moved." We have referred to Mr. Pelton's doctoring his documents in relation to his claims as the Pioneer Teacher of San Fran- cisco, for the purpose of showing that he is capable of taking advantage of any circumstance, no matter how dishonorable, to advance his personal interests. With regard to Mr. Pelton's financial character, we give the following extracts from the report of the committee of the Teachers' Institute, of which he was Treasurer, and turned out a defaulter. This matter was brought out on the trial by the defendant's counsel, trying to show the high appreciation in which his client had always been held by his professional brethren of this city, consequently we have a right to use it here : Jb the San Francisco Normal School : Fellow Members: — We, your committee appointed to investiprate the nature of the diaries preferred against Mr. J. C. Pelton by Mr. J. C. Morrill, \)oth mem- bers of your body, would respectfully represent that we have instituted a diligent and thorough inquiry mto the causes which induced this controversy; have ex- amined many witnesses in regard to the matters in dispute, and carefully com- pared their testimony in relation to the following charges : Of the above general and specific charges, we find the first, second, third, and Beventh sustained, and the fourth, fifth, and sixth not sustained. Your committee are of opinion that no further ground exists for the fifth charge, regarding the sum of SI 24, alleged to have been retained or appropriated by Mr. Pelton, he having declared himself to the committee liable to your association for the said amount. In conclusion, your committee, considering the relations we sustain to the par- ties involved herein, would forbear the expression of any written opinion either as to the facts elicited during our investigation, or the conclusions arrived at. "We beg, therefore, to be discharged from further duty. (Signed) GEORGE TAIT, E. H. HOLMES, T. C. LEONARD. The following letter from Mr. Cook, former Janitor of the Kincon School, fully explains itself It was thought probable by some of the members of the Board, that Mr. Cook had been tampered with by some one previous to the examination of his charges against Pelton, but of this no proof was obtained. San Francisco, July 12th, 1864. Board of Education : Gentlemek : — Allow me to leave before you the circumstances regarding Mr. Pel- ton urging the Board to grant him the privilege of getting another Janitor, and black- mailing me, as being not capable of taking care of his school. I have acted la the capacity of Janitor in Rincon School for the last twelve months, and I have discharged the duties incumbent on me with sobriety and attention. I did not know anything of Mr. Pelton's intention of having me removed till yesterday morning. He sent a Frenchman, who could not speak a word of English, aud demanded the keys of the school. I told him I considered the Board alone had that privilege, and when they would require me to resign. I would cheerfully do it; but imtil then, I would go on with my usual duties. Gentlemen, I hope and trust you have formed your own opinion of Mr. Pelton's mania of changing Jan- itors. He has, or at least tried to have, some of the most efficient and capable men in the Department discharged, and men of his own choice taken in their places. I refer to Mr. Stratton's Janitor; also, "William, of Fourth and Cleary Street School, men who, since they left him, have got on well, and have given the utmost satisfaction to their Principals. The great evil is with Mr. Pelton, he wishes to take all power in his own hands ; he wishes to hire his own men, and pay them what he pleases, and have him work round his own private house between school hours, run all his errands, and do all his chores. Such a man would stand high in his estimation; but I always considered such jobbing incon- flistent with my duties round the school Consequently, this is the cause of hav- ing me removed. As also the next thing I find, he comes down to the office to try to prevent a poor man from earning an honest living, by black-mailing him, getting up petitions, and to have him removed. I am almost confident there is not one gentleman, composing the Board of Education, but knows, or at least has heard, of his unprincipled, ungentlemanly conduct toward his Janitors. For my part, I am willing to submit to a fair and impartial examination into the mat- ter. I have lived for the last seven years in this city, with respectable citizens and tax payers, from all of whom I have, and can produce, the highest recom. 20 mcndations. Knowing: that in yotir hands, aa a body of gentlemen, the power of removing ino lies, I will contimie my daily vocation till you remove mo. I am yours, obediently, H. A. CoOK, Janitor of Rincon School. In a prior communication the writer adds : "If I am allowed the opportunity before a fair and impartial tribunal, and fail to exonerate myself from every charge preferred by your com- mittee, I will concede the justice of my removal and remain silent. And I wish to be understood that I am willing that my professional conduct should be reviewed for any period the Board of Education may choose," In answer to this petition, Mr. Pelton's certificate, as a mat- ter of charity, not of equity or justice, was returned to him, and a fair and impartial trial granted him, the Board setting a precedent unusual in such cases, for as well might any public servant, or even private agent or employee, removed for good and sufficient cause, demand a public investigation of his con- duct. Mr. Pelton was given his fair trial before an impartial tribunal. He was allowed able counsel, a courtesy afforded him although he had no legal right to it ; both counsel and client were permitted the largest liberty in the conduct of the case, and the broadest latitude in the examination of witnesses. The desire of counsel was to give color and make capital through the reports of the smart sayings, artful dodges and sharp practices of a pliant attorney, equally at home in the de- fense of a persecuted Pelton or a Confederate inrate^ through the columns of the newspapers and the unflagging zeal of inter- ested reporters. So far from adhering to the willingness to have his professional conduct overhauled "for any period the Board of Education might choose," the counsel was particular to restrict the investigation to a period of time of limited ex- tent, knowing as he did that the character of his client during the period named would not bear ventilation and stand the test of the scrutiny demanded. A large number of witnesses were examined for_the defense, most of whom never had visited the Eincon School ; but many of them testified to Mr. Pelton's superior qualifications as a public instructor. A majority of these witnesses appeared to have been subpoenaed to prove that they had never heard any- ae thing against Mr. Pelton as a teacher, a species of logic and par- ity of reasoning marvellously akin to the decision of the Dutch Justice in passing upon a petty larceny case. " Dere est von vitness who schwears he seen de brizner schdeal de poots ! De brizner's gounsel prings tree widuesses who schware dey did' nt see him steal de poots. De weight of de teschde- mony being in his favor, he ish discharched I" While Mr. Pelton's counsel complained of what he was pleased to term the unreasonable delays of the committee, he himself occupied the most of the time devoted to this investi- gation in frivolous debates and technical objections, and while charging the committee with delaying matters so as to injure Pelton's chances for success as candidate for School Superin- tendent, on more than one occasion moved to adjourn the case until after the election. When the committee decided upon the summing up of the case with closed doors, this did not suit the desire of client and counsel for electioneering capital and ad captandum argument ; accordingly Piatt's Hall was hired for the night before the election, flaming placards were posted about the town inviting the public without money and with- out price. Pixley sung the wrongs of injured innocence to the tune of a five hundred dollar fee, which we hope he has got, and we trust that the printers who published his electioneering pamphlet have also been remunerated; that Littlefield's just claim will not be forgotten, and that the papers fighting the battles of this suffering martyr, and supporting his slender claims upon the public sympathy, may also reap the reward their zeal deserves. The solemn farce is ended. Mr. Pelton has had his investigation. Every material charge against him has been proven beyond doubt or cavil ; he has been found guilty beyond dispute, doubt, or peradventure, on a fair trial, by a jury of his peers, after every facility has been afforded him to disprove the charges and exonerate himself. The finding of the jury is adopted by the Board, and ordered to be spread upon the minutes, and made part and parcel of the records of the Department of the Public Schools. The suggestion of a lead- ing newspaper — that because the party demanding the investi- gation had, under the specious guise of a persecuted martyr, 31 and by the clap-trap of cunning counsel, been elected Super- intendent of the Public Schools of this city, the Board of Ed- ucation should allow the matter to rest, stultify itself, nullify all its previous action in the premises, virtually acknowledge the falsity of the charges made against Mr. Pelton — was not for a moment to be entertained, and, accordingly, we have given to the world the facts in this case as called out upon the investigation demanded by the party implicated, with such comments as the testimony warranted. We have called things by their right names, and have not minced matters in the least. Having acted conscientiously in the premises throughout, and exercised the utmost lenity and forbearance toward the princi- pal in this investigation, until his final action, and one-sided, unwarranted, and unfair appeals to public prejudice, placed him without the pale of sympathy, removing any implied seal of secrecy from the action of the Board in the premises — it was only when forbearance ceased to be a virtue, that we were induced to go to the same jury, and submit this statement to an impartial public, to be canvassed after the bewildering excitement of a heated municipal election shall have passed away, and the cunningly devised expedients and artfully worded appeals to public prejudice, misleading the minds of the many, shall have recoiled upon their authors, showing their utter insignificance and unworthiness of common cre- dence or public trust. To show the feelings of the members of the Board toward Mr. Pelton in the matter, and their entire willingness to have justice done him, we here present a copy of the preamble and resolution presented by Mr. Lynch, and adopted by the Board at a meeting held March 21st, 1865, under which the investi- tion of the charges against him took place, to wit: " Whereas, Since the dismissal of J. C. Pelton in September last, from the position held by him as Principal of the Rincon Grammar School, he has addressed communications to this Board, asking that his certificate be returned to him and that he be restored to his former charge, at the same time asserting that no reason existed for his removal therefrom, and express- ing not only a desire to hear any charges that might be brought against^him, but a willingness to meet and refute them ; and 83 since charges were furnished by a Committee of this Board, and are now a matter of record on its minutes, (pages 651 and 600, Liber 4), the truth of which he denies, and which charges he has had as yet no opportunity, to disprove, and "Whereas, Said charges were not produced by the voluntary act of this Board or its members, but on the contrary were furnished on his particular request that specific charges should be made ; and as it is not now and never has been our wish or intention to treat Mr. Pelton or any other person in our em- ploy unjustly, as he would have the public believe; and having in view now as heretofore only the interest, prosperity and harmon}^ of the School Department, and in order that any in- justice done him, either from the loss of his position or the ex- istence of said charges, (if groundless), may be repaired, and any error of the Board be corrected, and the facts in the case elicited ; therefore, be it Resolved, That said charges, and such others as may be pre- ferred, as well as all matters affecting the fitness of the said Pelton, to hold a certificate of qualification as a Grammar Master, or position as a teacher in the schools under our charge, be taken up and investigated as soon as the members now ab- sent shall have returned."* With this preliminary introduction, we respectfully submit the report of the Committee of Investigation, which was adopted by the Board of Education of the City and County of San Francisco. It might be well to digress here to take a cursory glance at the outrageous and unfounded charges made against the mem- bers of the Board by Mr. Pelton's particular friend and pliant tool, S. B. Thompson, Director from the Ninth District, as they had a direct bearing on, and more intimate connection with, this case than the public were aware. The first that was heard from Mr. Thompson on this subject, and about which he knew nothing on the trial, was at the meeting of the Board held April 4:th, 1865, just two iveelcs after the Board had adopted the resolution to give his principal a trial. These charges were imaginary, baseless, and as far as investigated, proven false, and were evidently concocted by himself and master in the office of their attorneys, as an offset * Messrs. Pope, Gray, and Doble were absent from the city at this time, but were expected to return soon. 88 to the charges then existing before the Board against the lat- ter. At tlie time he signed them, and presented them to the Board, he knew they were untrue, and also knew the object to be attained by making them public; yet being a man lack- ing in moral principle, he lent himself to this designing and unscrupulous hypocrite to blast the good name and reputation of his fellow-members. Thompson had been persistent in his demands for an investigation of the charges against his ill- used friend, Pel ton, up to March 21st, and then, when he saw a resolution presented, granting what they both had been so long asking for, he, with the usual consistency of this class of men, voted against its adoption. The object of these counter charges soon became apparent. We can assert here, without fear of truthful contradiction, that they were preferred for the sole purpose of intimidating the members of the Board from proceeding with the investigation of the charges against John C. Pelton. It was intimated on a number of occasions to the Board, by Thompson's counsel, that if the Board would withdraw the charges that existed as a matter of record on the books of the department against Pel- ton — or, in other words, whitewash him — the Thompson charges against the members of the Board would be with- drawn. Indeed, so far did they proceed in their efforts to compound this villainy with the members of the Board, and to frighten them into suppressing the investigation they had long been demanding, that a meeting was called at Mr. Badger's store (who favored the proposition), at which Mr. Thompson, with his counsel, G. Frank Smith, and a number of members of the Board were present ; and the above proposition was then and there openly submitted and discussed between them. A few of the members, in order to get rid of the whole disgust- ing subject and its prime cause, at first thought rather favora- bly of the proposition, but on reflection, the majority of them come to the conclusion that they could not lend themselves to any such unjust and dishonorable proceeding. Hence, the in- vestigation of the charges against Pelton took place, with the result given in the report of the committee, and the investiga- 84 tion of Thompson's charges against members was proceeded with until he abandoned their prosecution, and with the result shown by the report of the committee having 'that matter in hand, which was presented to the Board June 13th, 1865, adopted, and ordered to be spread upon the minutes, and will be found on page 41, and following of this book. There is one of Thompson's charges that we deem worth while to notice here, since the counsel for the persecuted pio- neer teacher, (?) in his harangue at Piatt's Hall, laid great stress on it, and manufactured a vast amount of sympathy and capi- tal from it for his irreproachable client. Here it is: " Lynch, Tait and Gray, fearing Pelton's claims to the Su- perintendency, wickedly turned him out of the Kincon School on pretended charges, denied him a hearing, and though the oldest and one of the best teachers in the department, sought to blacken his reputation and consign his family to want," Among the numerous witnesses for the defense, but one was produced who said anything in support of this charge, and he, putting his own construction on some remarks made to him by Mr. Tait, appeared to think that there was at least some foundation for it. He testified that he called on Mr. Tait and asked him if there was anything that should prevent a man from voting for Pelton to take charge of the Industrial School during the ab- sence in the East of Mr, Lynde ; that he had seen a great deal in the newspapers lately about Pelton and his difficulties with the Board, and he would like to knovy" what it meant? To this he swears Mr. Tait replied in these exact words, which he took down as soon as he reached his office : " No, there is not ; I know of nothing ; you know that as election approaches, people consider anything foir which they may do to effect their object; or, in other words, all is fair in politics ; you know at such times certain tilings are done which would not be under other circumstances ; I consider him a suitable person for the position, and know of no reason why a member of your Board should not support him." Now, admitting for the sake of argument, that these are the words of Mr. Tait, the construction put upon them, and the inference drawn therefrom by the witness, is illogical and un- reasonable, and cannot stand the test of examination for a 35 moment, even if we had not the testimony of Mr. Tait him- self on the subject, which will be alluded to hereafter. We would say nothing here to reflect in the slightest on the vera- city or fair intentions of the witness, who appeared to be hon- est in his views and straightforward in his testimony ; yet it is hard to assign a plausible reason why he should so interest himself to learn the private opinions of members of the Board touching J. C. Pelton's fitness and qualifications for the posi- tion of temporary Superintendent of the Industrial School, for it appears that he also called upon Messrs. Gray, Lynch and Pope on that subject. Why this anxiety on his part to sound the members of the Board on this question, since he testified to having been acquainted with Pelton since the early part of 1850, and that he had never heard anything to his disadvantage or discredit. If he had heard nothing to his dis- credit, why did he deem it necessary to call on various mem- bers of the Board to see if he would be justified in voting for him? • It is probable he had read in the newspapers, and likely been told by Pelton himself, that for personal reasons a com- bination had been made against him by Tait, Lynch, Gray and others, who wished to get rid of him as a candidat2 for the office of Superintendent, and probably assured him that there was no truth in the charges given as the cause of his dismissal, and from his subsequent conduct, it is almost certain that he believed the statement, and at once enlisted to advance the cause of the supposed victim of this conspiracy. This being the case, he expected that by calling on these persons, and manifesting considerable anxiety to do Pelton a favor, providing he had their private opinions as to whether he should or should not vote for him, he would also learn their private reasons for having dismissed him, for he evidently cred- ited the storj^, and was apparently on the qui vive for a full confession from each of them, and confirmation of his suspi- cions that he had been dismissed, in order to help the chances of one or the other of them to the office, that Pelton, as now shown, was determined to secure for himself, by fair means or foul, and for which neither one of the alleged conspirators was a candidate. 36 His mind tilled with this belief, no doubt he was disappoint- ed when, on consulting with Pope, Gray and Lynch, he could learn nothing to confirm his too willing, but unfounded, suspi- cions. He then calls on Tait, and makes the same inquiry. Mr. Tait replied as undoubtedly had Lynch, Pope and Gray, jhat Pelton would answer very well for that school for a few months, and that he would like to see him get the appoint- ment, and, continuing the conversation, replied to his allusion to the newspaper articles, alluding to Pelton and the Board, and that they were written for political purposes. For the sake of argument, we will admit that Mr. Tait did say that these articles were Avritten for political purposes ; but could any unbiased or reflecting mind construe that admission into meaning that they were written by, or for, the Board, or intended to benefit the members of the Board in any way, to the injury of J. C. Pelton? Most assuredly not ; for not an article had appeared in the papers for months favorable to the Board, or even calculated to justify their acts before the pub- lic, while week after week, for nronths previous, numerous ar- ticles appeared, emanating from Pelton or those in his interest, alleging that he had been dismissed without the shadow of a cause, and that the members of the Board were only actuated by personal spite and jealousy toward him. The witness pro- bably, without intending to do injustice to any one, but with his mind ready to hear a disclosure, seized on the casual re- marks of Mr. Tait, and examining them from his own inter- ested stand-point, turned them to the benefit of his friend, and to the injury of the Board -and its members. The examina- tion of this point need be carried but little further to show how absurd the idea of dismissing a teacher for any such rea- son would be. It is self-evident that a person out of employ- ment is much better prepared to look after opportunities to get an office, and can and will make greater efforts to secure it, than one constantly employed at a good round salary — for being so employed, the duties of his position would necessa- rily occupy considerable of the time that, under other circum- stances, Avould be given to electioneering. Probably it would make but little difference with Pelton whether he was em- 37 ployed or not, as it was shown by the evidence introduced on the trial, that he generally absented himself from his school- room when it suited his own convenience or pleasure. And again ; was there any objection to Pelton being a can- didate for that office? or have grammar masters, at any time within the last ten years, been removed, or threatened with removal, because they aspired to office ? Certainly not. Such a thing was never attempted, and probably never even thought of, until this would-be martyr and stranger to honesty and fair dealing started the story to accomplish his ov/n ambitious ends. As we said before, the defendant's counsel laid great stress on the evidence of this witness, in his speech at Piatt's Hall, and on the strength of it charged the Board with having turned Pelton out of school for a political trick, saying " that fearing his popularity and claims to the office of Superinten- dent, they attempted to destroy him." Let us here ask why should they fear him more than any other teacher in the de- partment ; and if, when a teacher aspired to office, it was a cause for dismissal, why were not other teachers in the de- partment, who did aspire to that office, dismissed ? Did they fear him because he was the poorest scholar among the entire corps of grammar masters of the department, and received his certificate of qualification on the second examination — having failed on the first — and then, on a margin of only two and one-half per cent, above the standard fixed to get one, and as now proven, a part of that credit was obtained by deception and falsehood? Would his reputation for truthfulness and honesty make him so far superior to any, or all other, male teachers in the department, that he would be feared by any one ? Or could his continual violations of the rules of the Board, for months previous to his dismissal, tend to make him an uncommonly dangerous opponent ? Did his attempt to drag in the gram- mar masters, to aid him in violating the rules of the Board in the matter of his picnic excursion, add so much to his popu- larity with the teachers, that he was their favorite? And if that did not, were they so delighted with the honor he con- 306548 38 ferred on them by using their names, and that of their schools, •without their authority, to get up his excursion, as to give him their unqualified support ? His attempt to make it appear that it was possible, if not quite probable, that other grammar schools, and especially that of Mr. Myrick, had the same questions from the Cincinnati Re- port, previous to the examination of May, 1864, that were then used to examine the schools, cannot yet be forgotten, nor the emphatic denial given the charge by Mr. Myrick and others before the Board. Lid this conduct tend to make him a dangerous candidate ? His letter to Mr. Gray denying that his pupils had any unfair advantage over the pupils of other schools at the examination is yet fresh in mind, as well as the result of the investigation that followed. Did his action in this matter make him more to be feared as a candidate than a dozen of other teachers that could be mentioned ? Or could his statement, published in the " Morning Call," under the head of " The Personnel of the Board of Educa- tion," in which he stated " that about three fourths of the mem- bers of the Board were without children or families," when, in fact as he then well knew, there were only two of the mem- bers unmarried and without families, be deemed as additional proof of his popularity and qualification for office? If these were good and valid reasons for making J. C. Pelton pre-eminent among his fellow teachers as a candidate for tho office of Superintendent of Schools, and a more dangerous competitor for that office than any one of them, then, indeed, •was be fully entitled to the honor of being so considered. "\Ve will now return to the testimony of Mr, Tait, given in rebuttal. He was not present when the last mentioned witness gave his testimony, but on seeing it published in the morning papers, asserted that he had not made use of the language at- tributed to him. Therefore, when the defense got through with their witnesses, Mr. Tait was recalled, and testified as to what he had said on that occasion, and explained what he meant by saying " that as election approaches people consider anything fair which they may do to effect their object" (in case he used that expression), was that the cry of persecution, raised by Pelton and his friends through the columns of the 39 newspapers against the Board, was a political dodge on their part to help Pelton ; and, further, that he had not said or inti- mated to any one that he had been removed without sufficient cause, or for the purpose of benefitting the prospects of any person for office, and that no one was justified in putting that construction on his language. Now, as Mr. Tait swears posi- tively as to what he did mean, and the former witness only puts his own construction on what he thinks was said, and then siqyposes that he knew what was meant, it can take but little reflection on the part of any one to determine which of the statements is to be taken as correct. Nor do we stand on the testimony of Mr. Tait alone on this point, for in support of him we have the testimony, direct and positive, of Messrs. Gray, Widber, and Ayer, to the effect that Pelton was dismissed for repeated violations of the rules of the Board, for writing and publishing newspaper articles that were untrue and reflecting on the members of the Board, and for a gen- eral want of co-operation with them in carrying out the estab- lished rules and regulations of the Department, and also a want of confidence in him as a man ; and, further, that the following charges against him were presented at a meeting of a commit- tee of the Board, were discussed, and conceded by the mem- bers present — viz : Messrs. Mastick, Pope, Ayer, Hitchcock, Gray, Shepard, Widber, Lynch, and Doble — from facts within their own knowledge to be true : "charges against j. c. pelton. " Systematic and studied attempt on his part to prevent the carrying out the rules of the Board on three occasions : 1st, Excursion to Eedwood City; 2d, Examination of Eincon School ; 3d, Refusal to sign the teacher's contract after having been asked so to do by a Director. "Employment of Mr. Littlefield without authority. "Discharge of pupils without notifying the Superintendent as required by the rules. "Teaching deceit by example. " Absence from his class without permission. " A general desire to attend to everything except such mat- ters as wholly pertain to the duties of his position. "Writing and publishing newspaper articles tending to bring the Board into ridicule and destroy their influence." 10 These are the charges made at that time, and that they were true and could have been proven — and in fact some of them had been proven before the. Board — was admitted by all ; yet with this array of transgressions, and the proof to sustain them at the command of his accusers, that would damn any man (except Pelton) and consign him to the depths of oblivion, they determined in committee, through a regard for his family, and in order to avoid doing anything that might work to his injury outside of the department, that they should not be made public. This is testified to by the same witnesses, and is fully corroborated by the minutes of the Board, showing that no charges were made public, or entered of record, until after a demand was made for them by the accused himself in writing, backed up by frantic appeals through the columns of the press. And even after they were furnished, the Board forsome time refused an investigation, and because they knew the truth of them, and that he alone would be the suflferer. Now with all these facts before us, it is unaccountable how any one could be found with the hardihood to come forward and assert, on the mere distorted and absurd view of Mr. Tait's remarks, that the Board dismissed Pelton without suffi- cient cause, and hope to convince any sane man that the infer- ence was either reasonable, correct, or even probable. This charge however, served well the purpose for which it was originated, and enabled defendant's counsel in his speech, to appeal to the sympathies of the community, and not their sense of justice, in behalf of his client, who he alleged was the innocent victim of persecution and conspiracy at the hands of Tait, Gray and Lynch, who "feared his popularity and deter- termined to destroy him ! " This assertion is ridiculous even to mendacity, and is made for the sole purpose of diverting public attention from the overwhelming proof of the infamous conduct of his client, to those whom he surmised might, by some possibilit}^, stand in the way of their schemes; and there- fore it was necessary to defile them, rob them of their good names, blast their characters and make them odious to the community, by bringing them down to their own dirty level. A sufficient proof of the falsity of this charge is found in 41 the additional fact that neither one of the alleged conspirators, or other members of the Board, allowed their names to be placed before either of the nominating conventions for nomi- nation to the office of Superintendent; nor were they or either of them candidates for that position. Were anything more than what we have already said, re- quired to illustrate the character of this man, it would be found in his base ingratitude to the Superintendent and mem- bers of the Board who had befriended him, gave him a lucrative position, and retained him in it notwithstanding the objections even then raised against him. Writers of ancient and modern times both unite in con- demning ingratitude, and one of them goes so far as to say that, " If there be a crime Of deeper dye than all the guilt v train Of human vicbs, 'tis ingratitude." While another says, •' The wretch whom gratitude once fails to bind, To truth or honor let him lay no claim ; But staud confess'd the brute disguis'd in man." Report of the Committee appointed to investigate the charges made by iS. B. Thompson against m.embers of the Board of Education, To THE Hon. Board of Education: Gentlemen: — Your committee upon the "Thompson Charges," would respectfully present the following report, viz : After much delay an arrangement was made with Mr. Thompson, through his counsel to assist this committee in their •investigation ; and a meeting accordingly was called April 14th, when the prosecution asked for time to correct and pre- sent the charsres in legal form. On the 24th of April, another meeting was called, and the charges against Giles H. Gray, Esq., were taken up, and the testimony fiiiled to show any moral obliquity or corruption on the part of the accused. At the next meeting, April 26th, the charges against L. B. 43 Mastick were presented, but not sustained by the testimony. Decision was given April 27th. Another meeting was called on the 28th of April, when the prosecution withdrew and refused to assist in the further in- vestigation of the charges, leaving the committee to infer that their " Hope thus early became forlorn ; " and that the charges were not made with a special reference to benefit the School Department. A meeting was then called on the 9th of May, when most of the remaining charges were inquired into, and we were un- able to fiud that any of the members had been guilty of the least corruption or wrong dealing toward the Board or the School Department. Failing thus far to find any cause for the extraordinary course of the prosecution, in bringing charges against certain members of the Board, we did not deem the remaining charges to be of sufficient importance to give more time for their in- vestigation, as they had been abandoned by the party making them. In concluding this report, we desire to express our great re- gret that any member of our body should thus, without cause, invite and encourage the public censure to fall upon his col- leagues, and destroy their reputation as gentlemen of honor and honesty, and make them unworthy to be called good citi- zens. Swift opinions, like the swift lightning from the heated summer sky, that withers the branches and destroy the trunk of the stoutest oak, are liable to destroy the peace of the un- obtrusive, and leave a withering blight upon the fair name and good intentions of others. The office of life is not exclusively an individual right ; life has claims of relationship, of reputation and of dependence upon one another that must be observed ; and honor, self-re- spect, and dignity demand their observance, or we shall fall far short of the higher purposes of our being, and shall also fail to acknowledge the right and importance of any social or organic law to govern us. It should be remembered that our schools are not merely 43 adapted to individual circum stances, nor should tbey be con- sidered as separate and individual forms of some civil or mun- icipal regulation with no view to the future ; but they should be viewed in that spirit of candor and wisdom which contem- plates things in their own relations, and with a wise reference to their ultimate results. We would therefore, take this occasion to remind the mem- bers of this Board that a lack of mutual correspondence, and an opposition to one another, will always increase our labors and make the efficiency of our efforts less. Respectfully submitted, Washington Ayer, ] ^ .,, W. A. Grover, [ Committee. San Francisco, June 13th, 1865. After the above report was presented and adopted, a resolu- tion was passed requesting S. B. Thompson to resign his seat as a member of the Board ; but in keeping with his previous disgraceful action in bringing the charges, he still persists in retaining it, thus exhibiting still further his unmanly conduct and lack of spirit. REPORT OF THE COMMITTEE OF INVESTIGATION. To THE Hon. Board of Education: Gentlemen: Your committee appointed in April last, to investigate the charges preferred against J. C. Pelton bj a committee of the Board, September 20th, 1864, and recorded on pages 654 and 655 of Minutes, Book 4, and such others as might be preferred under the resolution authorizing the inves- tigation passed March 21st, 1865, have performed the duty as- signed them and report as follows: After two ineffectual attempts at meeting, the committee was again called together on Tuesday evening, April 25th, at 7 o'clock, to take the preliminary steps to go on with the inves- tigation. A quorum being present, and also Mr. Pelton and his coun- sel, on motion, Mr. L. "W. Kennedy was elected permanent chairman of the committee, and without transacting any fur- ther business, the committee adjourned until the next evening at 7 o'clock. At the meeting on the following evening, it was resolved that Mr. Pelton be allowed to appear by his counsel, Mr. F. M. Pixle3^ The charges were then read, and both parties being ready to proceed, the taking of testimony was commenced, Mr. J. D. Littlefield being the first witness called. During the investi- tigation the committee had about eighteen sessions, and twenty (20) witnesses were examined for the plaintiflf, and forty-five for the defendant, as follows: For plaintifi"— Messrs. J. D. Littlefield, D. H. Whittemore, George Beanston, John 11. Warren, George Tait, Bernhard Marks, Giles H. Gray, Andrew E. McGlynn, George W. Minns, 46 T, C. Leonard, Daniel Lunt, M. Lynch, James Stratton, Edwin R Campbell, Washington Elliott, J. H. Widber, William G. Badger, James Den man, Dr. Washington Ayer, and Ira Q-. Hoitt. For defendant — Messrs. J. S. Loop, Rev. J. T. Peck, J. M. Buffington, W. O. Andrews, J. R. Hasten, T. W. Dickens, M. J. Burke, John Coffy, Mrs. B. Cohn, Mrs. M. Hamilton, Wm. II. Evans, Frank Spiller, C. F. Craddock, A. Campe, Patrick McCormick, Delos J. Howe, Mrs. Galloway, George H. Cros- sette, Wm. B. Cooke, Henry B. Janes, Frank Soule, C. L. Ross, Henry Williams, George Dougherty, F. K. Mitchell, Richard O'Neil, P. W. Sheapheard, Washington Elliott, W. H. Willis, A. D. Hatch, Wm. Bartling, H. S. Kimball, W. H. Allen, Wm. G. Badger, S. D. Baker, Levi Kellogg, George H. Peck, Miss Helen Thompson, Miss M. E. Stowell, Miss Lizzie F. Hitchings, Miss Frances Lynch, Miss C. V. Benjamin, Miss S. L. Hobart, Mrs. M. S. P. Nichols, Mrs. Aurelia Griffith. Many of the witnesses examined for the defense, knew ab- solutely nothing about the case, nor could they answer a single question of their own knowledge as to whether the charges, the only matter at issue, were true or otherwise. They were mostly brought forward to testify to the good reputation and standing of the " Rincon School," while under the charge of the accused ; yet many of them admitted on cross-examina- tion, that they had neither sent their children to that school, nor had they ever visited it. They were brought forward and their testimony evidently taken, not so much to enlighten the committee, or disprove the charges, as to be given to the public through the columns of friendly newspapers, to advance the political aims of John C. Pelton, alike regardless of truth, honor, and fairness. During the first meetmgs of the committee, the counsel for the defense availed himself, apparently, of every quibble and technical objection the law affords to delay the examination of witnesses, and prevent a speedy conclusion of the investi- gation ; and these objections were carried to such an extent, that it was finally found necessary to prefer tlie charges against the defendant in a new and different form, to enable the com- mittee to introduce the testimony of witnesses they deemed 46 essential to a correct understanding of the merits of the case. These additional charges were presented to the Board at a meeting held on the 2nd day of May, and referred to this com- mittee for investigation, and a copy of them was afterward served on defendant's counsel. They will be found in their order, together with the result of the deliberations of the committee, in a subsequent part of this report. As the counsel for defendant, at the very beginning of the case, raised the cry of j^^^secutioji, outrage and injustice on the part of the committee, against the rights of his client — a cry that was kept up with remarkable pertinacity under all cir- cumstances during its progress — the members^of the commit- tee, desirous only of doing justice between the public and defendant, deemed it advisable to do nothing which could be construed either into unnecessary severity or unfairness; con- sequently they oftentimes waived their rights on questions at issue, and generally let the defense have their own way, rather than listen to tirades of abuse and speeches for publication. Still, they found themselves and their actions constantly de- nounced and willfully misrepresented, the object of which is now apparent to the most casual observer. Indeed, it can safely be said, that never within the knowl- edge of your committee did counsel do less for a client before the jury trying him, and more for effect upon the public mind, than in this case ; and that this assertion is beyond dispute, we need only instance the__extraordinary action of counsel in calling a mass meeting of citizens at a public hall on the even- ing previous to the election, and then "summing up " the case, instead of making his argument before the body hearing the evidence ; after which, on his own ex parte and misrepresented statement of facts, to ask a verdict at their hands, to the effect "that said charges were wholly unfounded, and that they were made unjustly and in bad faith." This proceeding of itself, so unusual, unfair, and, under the circumstances, unwarrantable, must be sufficient proof to re- flecting minds of the political trickery of the parties interested, and shows conclusively that the sole object was to enable the counsel to make a political speech in favor of his client, before 47 an audience wliich had not heard the evidence, knew little of the merits of the case, and could not be expected to know whether any regard was being paid to the examination of the charges or the proof adduced to sustain them. Before taking this step, the counsel himself admitted that it would be impos- sible for the committee to go over the testimony taken, and find a verdict on all the charges before the election took place ; but notwithstnnding this, he seizes on a shabby pretext, un- worthy of a honorable and high-minded man, goes before the public, and there misrepresents facts and the evidence, and abuses the individual members of this committee in a most outrageous and unjustifiable manner. Afterward, however, forgetting the indignity he had offered your committee by going before a public assembly and there reviling them in the grossest manner, in order to create sympathy for his client, he came before us, and then, wholly disregarding the evidence, advised the committee, " that as elec- tion loas now over, it would he the better plan on our part to let the matter drop.^'' Your committee, not entertaining the idea that the charges and their investigation had any connection with election, or election anything to do with the charges, concluded to decline the advice, and present the result of their labors, without re- gard to circumstances, accidents or persons, and this we do because we feel it incumbent on us to faithfully perform the duty assigned us, that justice may be done in the premises. Hence we report our findings on each of the charges sepa- rately, for the action of your honorable body. Taking them up, then, in their order, we will number them, and proceed to give, from the evidence before us, the conclu- sions we have arrived at on each. Before doing so, however, we might be allowed to call your attention to one of the important points made by counsel for defendant in his speech at Piatt's Hall, in order to show its utter falsity, viz : That your committee had purposely delayed the investigation so as to prevent the rendering of a decision until after the election ! It will be easily seen from what has already been said, as to the course pursued by counsel from the commencement of the investigation, from his own admission 48 before your committee, "that it would he impossible for them to make a report he/ore election day" and from the fact that he himself moved, at least on two occasions, " that the further inves- tigation of the matter he postponed until after election" which propositions the committee invariably refused to adopt. From this it will plainly appear that he was desirous of keeping the question undetermined until election was over — and that he shaped his course to accomplish that end, and finally succeeded in his efforts, are facts too well established to admit of ques- tion. The charge, therefore, of delay must attach alone to the counsel for defense, and not to 3^our committee. The Committee on Salaries and Judiciary reported the fol- lowing resolutions in Mr. Pel ton's case : Your committtee report, from the facts within the knowledge of the committee, they are satisfied that J. C. Pelton, while holding the position of Prmcipal of the Rincon School, has failed to perform the duties of his position as follows: First Charge. — He has failed to observe and enforce all the regulations of the Board regarding discipline and instruction. There are two counts in this charge, and we find from the evidence that they are both sustained. Second Charge. — He has failed to perform the duties required of his position by Subdivisions 3, 5, 6, 11, 12 and 16 of Sec- tion 3 of Rules and Regulations of the Public Schools, to-wit: Section Three of Rules and Regulations. — Subdivision 3 — To be at respective rooms fifteen minutes before 10 a. m., and if not so present, to report themselves as tardy. There are also two counts in this charge, and we find they are both sustained by the evidence. Tliird Charge. — Subdivision 5 — To punctually observe the hours appointed for opening and dismissing the schools, and during school hours to devote themselves to the duties of their office. There are three counts in this charge, and we find that the first, in regard to the hour for opening the school, is not sus- tained, and that the two remaining counts are sustained. Fourth Charge. — Subdivision 6 — To carefully instruct pupils to avoid idleness and profanity, falsehood and deceit, and every wicked and disgraceful practice, and to conduct them- 40 selves in an orderly and proper manner, and so far as practi- cable, to exercise a general supervision over them in these re- gards, both in and out of school, and also while going to same and returning home, and on all suitable occasions to inculcate the principles of truth, virtue and patriotism. We find that so much of this charge as relates to instructing pupils to avoid falsehood and deceit, and on all suitable occa- sions to inculcate the principles of truth, are fully sustained by the evidence, and that the balance of the charge is not sus- tained. Fifth Charge. — Subdivision 11 — To obtain leave on the day previous, when they find it necessary to be absent from school, and to notify the Superintendent after such absence becomes necessary. We find that this charge is also fully sustained, and indeed that a violation of his duty under this section of the Manual was with him the rule, and a compliance with it the exception. Sbdh Charge. — Subdivision 12 — To first obtain leave from the Superintendent or President of the Board whenever they wish to be absent from school during school hours. Any teacher absent for less than a day shall report to the Superin- tendent within twenty-four hours thereafter, and the excuse therefor. The penalty for a violation of this section shall be a forfeiture of the teacher's position. We find that he frequently violated this rule of the Board, and as the penalty attached is a forfeiture of the teacher's po- sition, the rule should have been enforced against him long before ?^ was. Seventh Charge. — Subdivision 16 — To make]no contracts or incur any debt on account of the public schools. We find this charge fully sustained by the evidence, and that in violation of said rule of the Board, he arrogated to himself the power to employ a teacher, and keep him in his school for about the period of three weeks, then sending in the bill for services to the Board. This is a most unwarranted usurpation of power, and far exceeds the rights and powers of any mem- ber of the Board. Eighth Charge. — He has failed to observe and perform the duties required of him as Principal of the Eincon School by 50 Subdivisions 7 and 12 of Section 4 of said Rules and Regula- tions. Section 4. Subdivision 7 — To suspend any pupil for pointed or violent opposition to authority in any particular in- stance, notifying the parent or guardian and the Superinten- dent on the same or following day. The testimony introduced in support of this charge, in our opinion, is not enough to sustain it. Ninth Charge. — Subdivision 18 — To fill any vacancy in the position of the assistant teachers undsr their charge for the day, and report immediately to the Superintendent. There was no evidence produced in support of this charge, consequently we find it not sustained. Tenth Charge. — He has failed to observe and to perform the duties required of his position by Section 11 of said Rules and Regulations, to-wit : Section 11. No festival or exhibition shall be held by any public school without permission of the Board. The price and quality of pianos, charts, etc , purchased for the public schools from the proceeds of festivals, siiall be under and sub- ject to the approval of the Superintendent and Directors of the respective schools, who shall report the amount of the prices to the Board. All property hereafter purchased for the use of the schools from funds realized from festivals or subscriptions, by authority of this Board, shall remain a per- manent fixture of the schools. We find that this charge is fully sustained by the evidence, and further, that the action of J. C. Pelton, in procee^^ig with his undertaking, after the action had by the Board at a special meeting called for the purpose, and at which a resolution was passed by them and ordered published, disapproving of the same, showed a flagrant disregard of their authority, and is as inexcusable as using the names of the other grammar schools and the names of the grammar masters, without at first ob- taining their consent or authority. And hence the committee recommend the adoption of the following resolutions : Resolved, That J. C. Pelton be, and he is hereby, dismissed from the employ of the Board of Education of the city and county of San Francisco, and also from the charge of the Biucon Grammar School, as Grammar Master, and that the- 51 appointment of J. C. Pelton to tlie position of Grammar Mas- ter is hereby revoked and annulled by the Board ; and the Secretary is directed to notify Mr. Pelton forthwith of the adoption of this resolution. Resolved, That the Rincon Grammar School be opened on Wednesday, the 2lst of September, 1864, at 10 o'clock a. m., under the charge of Ira G. Iloyt, Esq., as Principal ; and the Superintendent is hereby authorized and directed to demand and recover the possession and keys of the said Rincon Sciiool from every party who may have possession thereof, and deliver the same to the said Mr. Hoyt. Resolved, That the communication of J. C. Pelton be re- ceived and placed on file. W. Ayer, G. A. Gray, J. H. WiDBEB. We now come to the new or additional charges before men- tioned, and numbered from one to seven, inclusive : Additional Charges against J. C. Pelton, Grammar Master, pre- sented under the resolution passed March 21st, 1865. Charge 1. — That at the examination of teachers in Decem- ber, 1862, J. C. Pelton, then examined for the position of Grammar Master, was guilty of immoral and unprofessional conduct in this : That contrary to his written declaration that he had not consulted either books or persons, he did consult with other teachers, and procured from them information which enabled him to respond to a question correctly, which, without such information, he had previousl3'- failed to answer; and that consequently the certificate then granted him was fraudulently obtained. The evidence of Messrs. Marks, McGlynn and Minns, in support of this charge, is full, direct and complete, and fully sustains the charge, so far as the answer to one question is con- cerned. The reason why he was so anxious to secure addi- tional credits, and adopted this dishonorable method of accom- plishing it, was shown to be that it was generally understood amongst the members of the Board and the teachers then ex. amined, that he was likely to fail in passing the examination, though the standard of per centage was less by ten than at the examination last preceding it. In addition to the evidence of 52 witnesses on this point, we have his own admission to the same effect in writing, as follows : To the Comm itlee on Examination of the Hon. Board of Education : Gentlemen': — During the recent examination of teachers, especially during the last two days, I was so ill as to render my doing myself justice, particularly in mathematics, a matter of absolute impossibility. No principle was involved in any question proposed, with which, as I believe. I have not for many years been familiar; but, as stated, during most of the examination, I found myself incapable of pursuing any analytical process whatever — could not even add, subtract, mul- tiply and divide simple number3 {as doubtless my papers will readily show). Under the circumstances staled, of course I failed in Algebra, and did little better in Arithmetic. I therefore ask, most respectfully, that at your earliest convenience I be per* mitted a new examination, at least in the former of the two branches named. I remain, respectfully, your most obedient, J. C. Pelton. Cliarge 2. — That since the election in May, 1864, he has been guilty of a systematic and studied attempt to prevent the rules and orders of the Board of Education from being carried into effect. We think that the evidence on this charge is not sufficient to justify us in declaring it sustained, while at the same time we are satisfied that so far as the re-examination of the pupils of the Rincon School last June is concerned, Mr. Pelton, in- stead of co-operating with the Board in carrying out their order requiring such re-examination to take place, tried to prevent the same from being carried into effect. Charge 3. — That on a number of occasions he paid no re- gard to the orders and directions of the executive officer of tbis Board, the Superintendent of Schools, when acting under its rules and authority. This charge we find is fully sustained by the evidence of the Superintendent and Mr. Littlefield, showing that Mr. Pel- ton left his class and school after being told to remain in charge, and kept Mr. Littlefield employed there, after being told not to do so. Charge 4. — That on a number of occasions, in his profes- sional intercourse and dealings with this Board, he has been guilty of prevarication and falsehood, thereby causing the- members of this Board to lose confidence in him as a man, and more especially as a teacher, and forcing on them the con- viction of his unfitness to have the care and teaching of the susceptible minds of the young. We find that the evidence of witnesses on this charge fully 53 sustains it, and in addition, we have the written statements and verbal confessions of the defendant, which were proven to be incorrect. Charge 5. — That through attention to matters not pertaining to the duties of his position as Grammar Master, he has fre- quently neglected those duties, to the injury of the school un- der his care and the general interests of the department. That on one or more occasions, before his class, he has, for selfish motives, exhibited a disregard for honesty and fair dealing, i