Fremont journal. [volume] (Fremont, Sandusky County [Ohio]) 1853-1866, 1853-10-22


ship, and il any expense should be incurred by the
individual msmbers Of the bDird, or township
clerk, it sht properly he included in the annual
/ estimate.
2. For answer to this question, see reply to
questions Nos. aud 2, submitted by L. VI, John
son, ESQ.,, page 302
QUESTION submitted by John c. Hay, Lake Cyttn'y.
Where n school house stands in Of -four frac
tions Of townships composing district, must NIL
the directors be chosen from the fraction where the
house stanGsi Are the voters eligible in any or
all of the educational fractions. For Illustration:
should The district clerk be cho'en in Con ord
fraction. or Kirkland, or Chnrdoui Should every
fraction keep up its organization far the purpose
OF enumeration, &c.
ANSWER.
The school act did not alter the boundaries Of
the old school districts. They became "sub-dis
trict'," but until altered, as provided by statute
they contain precisely the territory that they
did before the passage OF the law, (section | OF
said ncL) Besides, sectnu OF said law provides
for an election Tor directors at the 'piace of hoid-
py dtstridntcslgs;' aud the qualified voters res
ldent within The sub district are entitled 70 vote
l might cite many other parts of the law TO show
the inteniio of the Legislature, but the above is
deemed sufficient
Question submitted Cy The .9udi'or Of Lorain Co.
Is it the duty of a county auditor to distribute
the school funds to sub-districts or should he up-
portion and distribute TO townships, leaving the
hoard OF education 10 make the distribution to the
sub districts2
.I ANSWER.
BY reference 10 section 81 Of the school law we
find the following: ''And in making such distribu-
ton, each rounty auditor shall apportOn all mon
eys collected on the tax duplicate of any township
Tor the use Of schools, to such township" &c
Again same sections: "and all other moneys for
the OF schools in the county and not otherwise
appropriated By law, TO the proper townships" and
III the same section you will see that the aud tor
is "to give an order on the county treasurer TO
each township treasurer, or to such treasurer as
may be entitled to receye the same, for the amount
Of money belonging to his respective township,
city villnge." BY referring to section 81 you
will find 'that all school funds which may come
nto the hands Of township treasurers from what
source, shall he paid out only on the order of
the clerk Of the board Of education, under the di-
rection of the b1lrd." Aud no where does the
law provide that there shall be funds dtStributed
directly TO sub districts, IT it expressly provides
That money shall be paid, when necessary, by the
board OF education in the manner pointed out &,
upon the cert iiltaie OF the luc,i directors.
From the foregoing. there can b. no doubt that
The money for scho oIl Purposes il every 10 vnsbp ,
sht constitute a torns'IiD tCm and 5e under the
cpntro aud management OF the tJwn'nip board OF
elucltion and pa ID 10 sub distcs only as occlsion
may require.
Question, suimitted by "A. .AicGngor Eq., .4udil0r
S!ank CIu,to.
|. WHAT is 10 be donr with the pro,erd' of s1les
Of srho, houses, school house sizes etc which htve
heretofore beoaged to districts WHICH are now at
lnrhtd to other5
> viii it h, lawful 10 appprtion the school
funds belonging 10 districts among the sub-dsirlaS
Of The township; or win each suh-district retuin
the funds they in possession oil when the pes
| ent school law went into effect!
! ANSWERS.
! l. For the determination of the first question
would refer you 10 the following con tanned in
| section IL: "And when in the opinion OF the
bnlrd any school house school house site has be.
come unnecessary, they may sell or convey the stme
in the name Of the township board oil education OF
the proper township, su n conveyance 10 be eNeci
ted by the chairman aud clerk OF said b0 lrI, and
shall nav the avais OYER to the township treasurer
Of the proper township, for the use ol scnoo', -
From which, would infer that the pro :eei7 OF all
such sales would become part oI the township
fund.- for the benefit Of all the sub districts within
the township.
3. Thi, question appears to be dsdnter set
ted by the proviso contained in the las. section
the school law, which reads as follows: Provided
that the obligations liabilities in :urrei and the
i.hts acquired under the provisions Of any Of thl
acts hereby repealed. shall remain, and be in ~
this act had not been passed.
Now il the fund had been distributed to districts
they would seem thersby to have acquired n ri5lt
of possession which the Legislature cold not take
away, and which by the above provision is gulran
tied. .
Question submitted by Hoa. Raasons a GiHet, Rti
renHa, Ohio -E .a NJ ..Hr itr
Under tho former school laws school dstric
y nf a. t\vn sh vi y
Aurora and Twinsbury, and the funds for scho1
purposes collected in eaca fraciiol went into IN
treasury OF the township in which su:h lractIo
was situated now the directors Of the dir ic
drew Out OF Twin nsbury treasury all the roney b,
logging to the fraction of the distric: situated i
that township, and applied the Iands thus draw
for the benefit of the whoe distri;t.
Now is the fraction in FWnsbugy township en-
titled 10 a potion of the funds rem lining wit
the fractional district in Aurora township
ANSWER.
For the solution Of this question I would refe
you to the pro- 80 contained in the last section
thu school Law, when reads as follows:
"Proy ied, that the ob isatons Or liabilities in
curred and the rights cQui,ed nader the proyi
ions of nny OF the acts hereby repealed, shall r.
main and be in no wise altered OF affected bt
may be en- orced as il this act had no been passed
From the foregoing would infer that if III
sub-dislrict in Twinshurg township has acquire
> ianY rlght or interest IN Inc IuntlS remaining
e Aurora township, That rigat would not be in III
least affected By the present school law, and tbs
they wouiu be entitled to the same remedies the
would have had if this law had not been passed
!. Questions slibmittea by E. l.. WoyLnan, Esq, Mu
king,rl County.
Have township boards of edneation the power
alter or change the limits Of sub districts at a.
jourRed sessions!
ANSWER.
By reference to section OF the school law,
will be seen that "al school ricts and fract ion
parts thereof" became sub-distticts when this Ia
took effect. H
= The power to change or alter sub districts is co
y Cerred upon the Township board Of edncatjol
the following; (See section iA.) Hl f
- "The said board shall prepare cause to DO pr
/ pared map of their township, ofen as n,
deem necessary, n winch shall be designated u
sub-distriats OF the township which they ma
change or alter, at any regular session, ond I'll
f; number Of scholars assigned TO each - Sc.
Section , proyides regdpr sessiouF oftha bn0l
10 be held on The third Mondnyof April aud III
third Monday Of Ociobe r, annually, with the pos
. er TO ndiOurn from time to time, &c &c