The miners' express. (Dubuque, Iowa) 1849-1854, 1850-03-13

We take great pleasure in laying before our
readers the following communication and we do
it the so, because the opinion of our cores
pondent comedies exactly with our own, not
withstanding the apparant difference between
us, caused by little obscurity in the language
used by us. We should have said that "whcre-
ever common school has not been taught in a
district the school fund cannot be apportioncd
directly to the children of the district, nor to a
private school, This position is ap2arant in
the context of our article. We did not mean
that the district treasurer could not draw the
funds. We hold that he can, but he must hold
them over till common school shall have been
established and taught in the district. We are
fully convinced that there is no proprety in dis
tributing, or rather giving away, the funds to
quire the usual tuition fees to be paid by parents.
We are right glad to perceive that Mr.. Briggs
has given some attention to this subject and that
his labors have been rewarded by arriving at
proper concluslon-as we hold his to be. With
these few remarks We submit the communica-
ton to our readers.
For tho Express,
DIR. Holt In your editorial of Feb. 9th,
headed "apportionmcnt of the School Fund"
you say "whcrcvcr a common school has not
been taught in district during the past year the
fund cannot be apportioncd but must be held O.
yer until common school shall have been es
oh oh lin TO- tb,, r;rit
intention of the law Now my object is not to
dar1en counsel upon this subject, but if possible
get at Hght enough for all parties to act under.
standingly. | do not agree at all with the opin
ions advanced some time ago through your col
unns by DR.. Mason, and which appear to have
many advocates in your city. Neither do as
sent to the opinion advanced by yourself in the
above quoted paragraph. | have looked dill
gently through the school law to find any such
restriction as you name to the paying over the
money to the school district treasurer, viz: the
neglect to keep school during the year or any
part thereof The former school law made it OBJ
ligatory on the district to support school three
months of the year, to be entitled to its proper
ton of the public money But the present law
says nothing about the matter, as | can see
Article 10th, section 3, Of the Constitution says,
''any district neglecting to keep up and support
such school may be Not shnN beg deprived of its
proportion of the interest Of the public fund du-
ring such neglect Leaving it optional with
the Legislature to incorporate this penalty into
any school law which they may make, not.
| Whether the provision was left out Intentional
ly or not, is not for us to inquire, it is enough
that it cannot be found in the school law. All
that | can find in the school law which bears on
the subject is as follows: Article 3, section 80
says, s'thc district shall have power to deter
mine the number of schools which shall be cs-
tablishcd in the district, and the length of time
that each shall be taught Article Sth author
ICES the district to delegate the foregoing with
other powers to its officers Section 40 says
''The district board shall employ all teachers ne
cessary for the schools of the district and pay
them by draft on the treasurer Provided ] y
They do not over draw the amount due from the
teachers fund and when there shall not be suf-
cient funds in the hands of the treasurer for the
payment of such teachers, the balance shall be
paid by the persons sending pupils, in such man.
nor may be agreed upon by the teachers and
the district board" Section % says, ale (the
school fund commissioner shall Immediately
notify the president of each school district of the
amount to which his district may be entitled by
said apportionment and shall pay the same over
to the district treasurer upon the warrant of the
president, countersigned by the secretary
! do not know how the laarycrs would inter-
pref the foregoing extracts, but will venture
the following my views and if incorrect shall
be happy to stand corrected:
/. No penalty exists in the statute for not es-
tablishing and keeping up school during any
portion of the year.
2. The district has power either by their d.
rect vote, or by the delegation of it's powers to
the district board, to establish not establish a
common school in the district.
| 3. The district board cannot pay for teaching
common school in the district without the ex-
press vote of the district as above or by a dele
cation of power as in article, 9Th, section 80 Of
the school law. Much less have they the pow
er to give the school fund to private school. J.
Ed. En- ,.....,
| 4. The school fund commissioner must pay
over the money to the district treasurer, and has
no power to withhold it.
r; 5. District officers must use the money as di-
rected by law agreeably to vote of the district,
though | can find no penalty for malappropria-
ton. l-- ,.,...,. y, .,.....,.. -a.ssg, r.rr
Should you see fit to publish the foregoing,
you will oblige me. ~, ,x..o,-g.f =, r.,p,.r.a. e..
a,al4 .., Yours, &c, in OTIS BRIGGS.
| school Fund. e.-'.
The following table shows the amount of the
school fund apportioned to the several counties
named from the State Fund arising from the
j ga le of schnnl lands The same table shows the