The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1853-09-28

" tiIo " oe eutiueu 10 separate OTSdhi'
zation, as mentioned in the law. provided
the sub-district contains three hundred
inhabitants.
The territory hitherto attached to the
village for school purposes, and which,
together with such village. constituted a
school district, has by the present law been
annexed thereto for school purposes.
Questions submitted by A. M. Jackson,
Esq, Audilor, Craaoford Col. Can the
board of education in township CON-
posed of eleven sub districts regularly or
ganized, proceed TO district the township
anew, and lessen the number into six, in
stead of eleven districts?
g. What was the effect of this action Of
the board!
8. Are teachers certificates, issued un.
der the old law, which have rot yet ex.
pired. valid?
Ansacers.-1. The fourteenth section oi
the law provides that ''The said board
(of education) shall prepare or cause to be
prepared, map of their township, as Of
ten as they may deem necessary, on which
shall be designated the sub districts of the
township, which they may change or altel
at any regular session, and the number o.
scholars assigned to each." &c.
2. Those local directors who were elect
ed on the second Monday of April las
were chosen in and for the sub-district:
in which they resided. 1t was their duty
to take the management and control Of
the local interests and affairs OF such sub
districts, to employ teachers, &C., and
thai I,,tioS did ovtond houond thic
If the ub-districts for which they were
elected ceased to exist, from that time they
would cease lawfully to perform the func.
,ions Of local directors. 1t seems 10 me
that the action Of the board in the town
ship you mentioned, 6zotted out all the sub
districts in the township, unless, indeed, il
be the one in which there are but three
directors; that QUE, perhaps, remains
And, from the time the districts ceas
ed to exist, the directors had no power to
act-were no longer legally directors.
What is the proper course now to pur
sue? This is defined by the third section
Of the law, where it is provided that, sit
case vacancy shall occur in the Office O.
director. by death, resign alton, refusal te
serve, or otherwise, it shall be the duty o
the township clerk to fill such vacancy"
8. Teachers certificates, issued under
the old law, which have not yet expired
are believed to be valid. The law make.
provision in the last section, that all right.
acquired under the law ''shall remain. ant
he in no wise altered or affected" Th,
Legality Of any enactment taking away any
legal right, for which compensation ha
been made, would be exceedingly doubt
full. A case in this respect analogous
| Ohio Us. Hern, reported in the forthcom
ing volume of Ohio Reports, is believed
to be authority for this view of the law
|, might further be observed that the quail
i6cations OF teachers, under the old laws
} were required to be of as high an order a
they now are.
| Questions submitted by S. E. Broacne
! Esq, Detphos, Ohio.-1. Under our schoo
laps, can town situated in two counties
the parts on either side Of the line. re
: spectively, containing more than thre
hundred inhabitants, organize into on
school district?
| 2. Can board, chosen for said entir
town. proceed to sell school house il
Vanwert county, and appropriate the fund
so raised. in erecting house in Allel
county. although the house SO bull, ma
be in the corporate limits Of the sam
town.
Answers-l. In my opinion the fac
that the village lies in two counties doe
not affect the question. Under the schoe
law every incorporated village in the Stat
of Ohio, with the exceptions AIMED in sec
ton thirty-,wo, and Delphos is no.ihclud
: ed in the exceptions is entitled to ser
e arate organization. The taxes assesse
OH the ives, side of the canal will be Co
lec,ed and paid into the treasury Of Van
! vert county, and the taxes due on the otf
I er side will, when collected, be paid int
3 the treasury Of Allen county. The fund
t are apporiioned TO the several countie
? according to the enumeration Of youth, S
! that part Of your funds for educations
purposes will be received from one count
and part from the other; and the fund
$ now belonging to the Allen part, are fund
3 belonging TO the village of Delphos fc
: school purposes, and so, in like manner
e the funds of the Vanwert part are tn
' funds Of the village for the same purpos,
In making and returning the enumers
f tion, reference must be had 10 count
g lines.
2. II has been alleged that the board {
education of the town intends to sell tn
school house on the Vanwert side, an
expend the money in erecting one on tn
!, Allen side. do not think that the boar
Y has power to do this. unless some satisfat
. tory reason can be given for the change
Section eleven, which is also applicable I
: cities and villages, provides that "wher
in the opinion Of the board, any schot
r house or school house site has becom
d unnecessary, they may sell and conve
the same,' &c. Butthis, presume. woul
P not and does not give majority Of tn
board the right to sell a school house, an
n cause another to be erected in its plac.
: unless such change would be for the benef
J. of the village. Section fourteen make
i provision that in the location OF primar
If schools, &C., ''the board shall have refel
) ence to population and neighhorhood, pay
Q ing due regard to any school house a
o ready built or site procured, as well as !
j. all other circumstances proper to be cor
: sidered, so as to promote the best interes
Il .c rTh;o a. al