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

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Questions submitted By Geo. s. Bruce,
Auditor. Morrow Col. How are the
books, mentioned in sections 5 and 10
OF the school law as records of District
and Township Clerks, to be procured, and
In what manner paid for?
2 BY what process are the members
c imposing Township Boards Of Educa.
ton to be compensated for their services
under the new school law?
Answers.-l. In answer to your first in
quiry, [ would say: the expenses of books.
stationery. &C., for township clerks and
boards of education, under the school law,
are to be paid from the treasury. Those
books are to be permanent records-are
the property of the townships; the mem.
bers Of the boards and township clerks,
as individuals, have no interest in them.
1t would be unjust that the expense
should be borne by the members of the
boards and township clerks, in their indi-
vidual capacity. law which would com
pei an officer not onlyto perform the duties
graiuitously. but to procure stationery and
books Ito become the property of the
township at his own expense, would
scarcely be binding. As the books, &C..
are for the township, / think that part OF
the law defining the powers Of the board
generally, authorizes the purchase ofsuch
books and stationery at the expense of the
township; and if any expense should be in
Cured by the individual members Of the
board, or township clerk, j, might very
properly be included in the annual est.
mate.
2. For answer to this question, see re-
ply to questions Nos. 1 and 9, submitted
by r. N. Johnson, Esq.
Question submitted By John c.. Way.
Lake County.-Where a school house
stands in one Of four fractions of townships
composing a district, must all the directors
be chosen from the fraction where the house
stands? Are the voters eligible in any or
all OF the educational fractions. For H.
lu~stration: Should the district clerk be
chosen in Concord fraction, or Kirkland.
or Chardon? Should every fraction keep
up IFS organization for the purpose Of emu.
meration, &c.?
Ansufr.-The school act did not alter
the boundaries Of the old school districts.
They became "sub. districts" but until al
tered. as provided by statute, they contain
precisely the same territory tina, they did
before the passage Of the law (see section
I Of said act). Besides. section g Of said
law provides Tor an election for directors
atthe place of holding distric, meetings.
and the qualified voters resident within
the sub-district" are entitled to vote.
might cite many other parts Of the law TO
show the intentions Of the Legislature, but
the above is deemed sufficient.
Questions submitted By the Auditor Of.
Lorain County.-Is it the duty OF a coun-
ty auditor 10 distribute the school funds to
sub.districts, or should he apportion and
distribute to townships, leaving the board
OF education to make the distribution to
the sub districts?
AnsueT.-By reference TO section 81 Of.
the school law we find the following: "And
in making such distribution, each county
auditor shall apportion all moneys collect
ed on the tax duplicate of any township,
Tor the use of schools, to such township"
go. Again, same section: ssand all other
moneys for the use Of schools in the coun-
~, and not otherwise appropriated by law,
TO the proper township" and in the same
section you will see that the auditor is sto
give an order on the county treasurer to
each township treasurer, or to such treas
srer NJ may be entitled to receive the same.
aer the amount of money belonging to his
respective township. city, or village" By
referring to section "a, you will find ''thai
oil school funds which may come into the
hands Of township treasurers from what
ever source, shall be paid out only on the
order Of the clerk of the board of educa.
ton, under the direction of the board"
And nowhere docs the law provide tina,
there shall be funds distributed directly to
sub-districts, but it expressly provides that
money shall be paid, when necessary, by
the board Of education in the manner
pointed out, upon the certificate of the
local directors.
From the foregoing, there can be no
doubt that The money for school purposes
IN every township shall constitute a toaDn-
ship fund and be under the control and.
management Of the township hoard Of edu.
cation. and paid to sub districts only as
occasion may require.
Questions submitted by A. McGregor,
Esq, auditor, Stark Col. What is to
be done with the proceeds Of sales Of
SCuOOt houses, SClOoi HOuSo SteSs ctC.,
which have heretofore belonged to dis
tricts which now are attached to others?
e. Will il be lawful to apportion the
school funds belonging to districts among
the sub-districts Of the township; or will
each sub-district retain the funds they were
in possession Of when the present school
Law went into effect?
Ans,Ders.-l. For the determination OF
the FRS. question l would refer you to the
following; contained in section II. Sand
when in the .opinion of the board any
school house or school house site has be-
come unnecessary, they may sell or con-
yey the same in the name of the township
board Of education eof the proper town
ship, snch conveyance to be executed by
the chairman and clerk Of said board, ard
shall pay the avails over to the township
~asure of the proper township, for the
use Of schools" From which, | would
infer that the proceeds of all such sales
would become a part Of the township fund,
for the benefit Of all the sui -districts with
in the township.
a.