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

III i EMDEh 20, 1919.
The School Law.
DR.. TREvlrT, Secretary of State, has
furnished the Journal of Education, the
following Digest of the answers to the va
rious inquiries which have been addressed
to him, in regard to the School Law
Mr.. EDITOR: In compliance with your
request herewith transmit, in an abridged
form, the substance OF small portion Of
the correspondence Of this Office on the
subject Of the School Law passed March
18th, 1853, which correspondence has been
arranged in the form Of questions and an
swers. Such portion of this correspon-
dence has been selected as appeared most
important in explaining those parts of the
law that seemed to have given rise to the
most embarrassment.
| beg here to remark, that this act re-.
peals the provision Of former law trans
ferring the duties Of Superintendent OF
Common Schools to this Department. My
opinions, therefore, are not official, nor of
any more value than those of any other
citizen. Nor am Lawyer; it is there
fore m after of great delicacy for me to
attempt the solution of all the difficult ques-
lions that may arise under this new sys-
tenn, involving as it necessarily does, in
its practical operations. so large scope
for controversy.
But in the absence Of any officer to
whom the law has been given in charge, l
have vsntured, almost daily, to reply TO
questions arising underit,-giving the sub
ject ell the attention that the pressure of
my official business at very busy season
of the year would admit.
Very respectfully. your obi serv't.
WILLIAM TREViTT.
Secretary Of Slate.
COLUMBUS, Aug. 90, 1853.
Questions submitted By Louis ]. Bozens,
Esq. of Lewisburg.-.1. Can sub districts
be altered at otherthan the regular sessions
mentioned in section l2?
9. Does section 6 give power to Boards
Of Education TO transfer persons from one
nship to another. Does it not apply
more particularly to villages situated in
two townships!
5. Does the law when it speaks Of 'sper-
sons' mean persons or scholars, or are
they householders, or voters?
Ansavers by Secretary of Staie.-1. The
10Th section provides fer Irregular ses.
sions" of the board Of education, and de-.
signates time VIXEN the same shall be
held: and where, in section IA, power is
extended to the board 20 alter sub districts.
"at any regular session." have no doub,
reference was had to the regular sessions
mentioned in said section 12. Therefore,
sub districts can only be altered at the re
ular sessions mentioned in the last named
section, or al adjourned sessions Of the
same.
2. | do not understand from the six.
teenth section, that boards of education
may not transfer person for educational
purposes from one township TO another
| do not think it applies, as some have
supposed, specially, to village situate in
two or more townships.
8. persons" in section 16, | take to
be broad enough to include any descrip
ton Of persons.
Questions submitted By Bebee Irues
dale, Esq, Auditor Clinton CO... Is tht
fractional part Of district entitled to di
rectors?
2. Were boundaries Of sub districts
changed by the school law; and who may
vote for the three directors?
8. May sub-dis,ricts be altered?
AmsUe7s.-1. A fractional part of dis
trict is not entitled to directors.
g. The boundaries of districts were
not changed by the school law, and all th'
qualified voters therein may vote for tn,
three directors
8. Sub-districts may be altered as pro
vided in section IA.
Question submitted By J. NJ. Jolzey
Esq, auditor Richland County. tn,
Board Of Education, if they wish to built
a house in District No. 1. worth three hun
dred dollars, say that District No. shall
pay $3.50 of that tax, and Nos. 2. 8, .
and 5 the remaining $3.50, while No.
shall pay no part whatever; or, must no
that district and each other district in sucl
township assist in paying such part of sait
tax as is not estimated upon No. /, with
out any exemption?
Answer.-The determination Of thi
question would seem to depend upon tn,
construction which is 10 be given 10 sec
ton twenty three Of the school law. Tn,
power to levy taxes ought 10 be strictly
construed. Ii cannot be extended beyont
what was clearly intended by the grant o
power. The danger of different rul'
need not be enlarged upon. Here au
thority is given to the board of education
to assess, upon the inhabitants of any sub
district in which school house site is (,
be purchased or school house built, sucl
part of the cost of the same as they ma,
see proper. But no authority is given I,
exclude any sub-district from taxation,-
to exempt such sub-district from the pay
ment Of fair proportion of the remain
ing part of such tax, if any. The tax 70
such site or school house, not assesse,
against the sub-district for which the sam
may be purchased, is, clearly, townshi
tax.
Question submitted from WdShingto