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

81 Gaf - ks51f8 -e1lHfs
phos, and in what manner will the funds
be disbursed! 50 a2e<5 hsa e go
e. Can the board of education Of Mont
gomery township legally exercise authority
over that part OF the town situated 10 HAT
township? - sass.s,tassss sssfsi ss
Answers.-1. IF the impression I have
Of the law be correct, the treasurer Of the
village of Delphos would be The proper
person to receive the school funds due
said village from both Allen and Vanwert
counties; and the manner of disbursing
the funds is the same as in townships.
The treasurer would be authorized 10 dis
ourse the funds on the order Of the clerk
Of the board Of education. ~
g. | cannot find any provision m tfIe
law by which the board Of education Of
Montgomery township would be authorized
to exercise jurisdiction over an integral
part Of the incorporated village OF. Del
phos. Nor do believe that any part Of
the village would be required 10 obey any
other than the board of education thereof;
and, if my views of the law be correct,
until its territory is altered or changed in
the manner pointed out by law. the board
can enforce their authority over every part
of the village, without respect to- county
lines. 8 sssgs ~ s5fss5ls
Questions submitted BY r. M Johnson;
Esq, Clermont Co.-f. Does the new
school law make any provision Cor paying
members of the township board Of educas
tlon fortheir services? assssf
2. If so, how is the money 10 be raised
for that purpose? 90
8. What is meant in the twenty second
section by the estimate required 10 Be
made to the auditor for school purposes,
other than the payment of teachers? yti
4. Has the township board Of education
the power to assess Two mills on the dol
lar valuation of taxable property Of the
township, in additiorFto the two milIsleyied
by the law! e g sfes e
s. Is the tax for building and repairing
school houses, and for purchasing school
house sites TO be levied on the sub -uisa
tricts separately, or on the whole town.
ship! g sagi aifs itses.s.
Ans,cers-1, g. In answer 10 your FIRST
and second inquiries, would say that no
provision is expressly made in the new
school law for paying the members Of the
boards Of education, and believe there IL
no authority for paying them at all.
Mr.. Rice, Senator from Cuyahoga coun-
,y, who originally prepared the bin, says
it was not designed to pay the board.
The thirteenth section, however, pro-
vides that the board may appoint one %
their number acting manager. This would
relieve the other members Of most Of de
duties, and the section contains authority
for paying the acting manager reason
able compensation for his services. :
II there were any provisions in the laY
relative to compensation Of membeFs l
the board. they would be entitled 10 pay;
| for, in cases where laws allowing ootnpen-
sation are loose or ambiguous, or admit of
more than one constructions in all such
cases the officer is entitled to that conr
struction mos; favorable TO himself Rne
here there is no Legislation upon the SUBJ
ject-no provision in any way relating 70
it. In such case do not think the board
entitled TO pay. "A different construction
applied to this and other laws.of the Stale,
and carried out, would, in effect, break
down all the safeguards to our treasures,
State and county. Il 80 49,
s. 1t is intended by section twensy-t Two
that the board shall include in their esti-
mates the cost of building school houses.
&c &C., as we'll as for paying teachers.
! 4. The board has the power to levy two
mills on the dollar in addition to the two
mills required by law. = .sss ,.i,.sf.
5. Section twenty. three provides, .that
when, in the opinion of the boaid, .jus-
tice and equity require it. = the board may
levy in any sub.district suctl part of :ths
cost Of building a school house therein es
may be deemed proper. provided .'the in.
thabitants have not heretofore borne AREA.
sonable share of the burden of taxation
for, such purposes In comparison with,oth-
or sub.districts in the county," Bot un-
less the board be Of such opinion, and 50
Etax such SUBJ district. the whole COSTS q
township tax; and if the sub-district he
assessed with part of the, cost, the hal-
anoe would then be q township tax sasa
4 Question submitted By r. Pouch,
Esq, Amditor Muskingum Co.--U Undershs
Gath section Of the school law, what u the
remedy for the following dif6cultys1i 0ns
Isub-district has in it $50 scholafsg and
another so, the one viii receive double the
amount Of money that the other will bs
entitled to, consequently. there may noihe
a sufficiency in the one sub-distfict to pay
for school seven months within the year,
as enjoined by law, and in the other there
: may be an excess, and in shes whole dis.
trict there may be sudioiency, provided
it be properly expended. sn sssasassi
i Ansver.-This question does notsap.
pear to be very clearly settled by the laW.
But boards Of education are clothed with
large powers, and as the school act was
designed 10 be practicable lato il shosld
receive an equitable and liberal ccnstruc.
ton, sufficiently SO. at least, 70 make i
practical in its operation. Sse 'sAt
Itistrue that the larger the school she
more it will require to support il, but not
necessarily twice as much to supportfa
school Of one hundred and twenty. as one
of sixty scholars. = - - 81
i But it appears to me. that The board Il
clothed with ample power to settle and
adjust the question. fs go 4 wdss
I Question submitted By Req. II. E. Peek,
Obef;n Ob,o -TTndor eacs;nr. A < ofs%ha