Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1848-05-10
school Laws.
Editors Of Reporter:

ueWS'-l nave JUST seen late numDcI
of the Standard, in which there is an edi-
torial article headed "Locofoco Victory
over Common Schools" which would
seem to merit some notice at my hands.
The article to which l allude. labors to
show that it is the fault of the Democracy
of Iowa that our Common School system
is in many respects imperfect. Upon this
matter | happen materially to differ with
the editors Of that journal. ! would rather
ascribe it to the factious course of whig-
gerry in the lower House of the Legisla-
lature, of which, by some unaccountable
circumstance, it accidentally obtained the
control. That the system is as yet very
all seem to admit; but as it is a
well known fact that the democratic Sem
ate, for the last two sessions, have labor
ed strenuously to remedy it, and have as
constantly been thwarted by the wing ma
jority in the House, upon their shoulders
the guilt must rest; not upon the Democ-
racy."
To the following portion Of that article,
l wish to call the attention of the people
Of this county: -... Ee
s'The first duty Of the county treasurer,
under this law, waste lay before the fund
commissioner, On the 18th December, a
statement showing the amount of the school
tax paid, the amount unpaid, and COM
plete list Of the lands and property on
which taxes for schools remained unpaid,
together with the entire amount of money
in his hands, &c. This was not done,
there being no fund commissioner accord
ing to the decision of the democracy.
In the second place, the county treasur-
er was required to pay over to the fund
commissioners the county, Mr.. McCrory,
on the 18th February, allthe money in his
hands, appropriated for school purposes.
This was not done, as the treasurer would
not recognize Mr.. McCrory as legal fund
commissioner. We understand however,
that this officer did his duty, and demand
ed the funds.
Thirdly: the school fund commissioner
was required to make a detailed report on
the lst November to the Superintendent
of Public Instruction, which of course
could not be done.
Fourthly: the fund commissioner and
inspectors were required, on the first day
of March, to apportion the money to the
several townships, and this could not be
done.
And lastly: after the apportionment, the
fund commissioner was required to pay
out the amount apportioned, to the several
inspectors, which was not, and could not
be done because Of the doings of the de-
mocracy."
1t is true that l did not pay Mr.. Nc
Crory any portion of the School funds in
my hands .l.-,- 1I.1,, a.. :...S- vr nv
office as Treasurer of johnson county
Regarding the law as it appeared upon its
face, and further as it has been construed
by the Dist. Court of this Judicial Dist,
which construction has been affirmed by
the Supreme Court of the State, could
not legally or conscientiously pay any
money over to him. suppose it to be my
duty to follow the law, as it is, and ex-
pounded by the proper judicial authority,
and not to alter, amend, or enlarge it. 1t
is fact of judicial record, that the valid
ity of the School Law under which Mr..
McCrory was elected Fund Commission
er, at the time of his election, has been
fully tested by the highest judicial tribu-
nal in the State, and determined not to
have been in force at the time of his cleo
ton. This being the case, Mr.. McCrory's
election was nullity, and had no man
ner of authority or right to pay any por-
ton of the School Fund over to him. If
wing authority is worth any thing, sup
pose that Mr.. Harlan, Mr.. McCrory, and
their friends, have admitted the invalidity
of their elections, both having been elected
at the same time and under the same law,
by soliciting the election of both to the
same offices of Superintendent and Com
before the expiration of the
time for which they pretended to have
been elected. ~.
am not aware what the failure of the
Treasurer to make statement to McCro-
ry had to do with his report to the Super
He might have reported the
fact that there was no money in his hands.
The novelty then would have been afford
ed of a report from one officialto another.
neither Of whom were known to the law
1t is however believed, that Mr.. NEGRO
ry, knowing the invalidity of his election,
did not choose to assume responsibility
unwarranted by law. 49,.
To what "doings of the democracy
the Standard refers, am unable to saw.
Whether it refers to the late election Of
Mr.. Benton, or my refusal to violate the
law, to the public is immaterial. If it be
criminal for me to regard the law and dis
regard the c1a,porS nf faction ,nd fo;tL