The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-03-01
From the Ohio State Democrat
OPINION OF THE SCHOOL COMMITS.
SIONER.
Poacers of Ioaonship Boards Of Educa-
ton IN re-districting their respective
Townships.
QUESTION FROM MORGAN COUNTY.


"Under the old school law, our town.
ship was composed Of four ENTIRE districts,
and eight fractional or joint districts; but
the township is now sufficiently settled 10
the necessity Of including in
our sub.districts any Of the territory OF the
townships.
"Does the Board of Education of one
possess the legal power or right
to exclude the territory of contiguous
formerly ell .aced in said
fractional districts, without the concur
renee OF the Boards OF Education of the
contiguous townships?"
ANSWER.
They do, most undoubtedly, possess
such power, and the legal right to exercise
it, if, in the judgment of said Board, the
"best interest Of The schools" of their town.
ship demand it.
In section l, of the new school act,
each organized township in the State is
constituted one school district for all pur-
poses connected with the general interests
of education. and its management and
control are confded to a Township Board
Of Education.
Section IA authorizes Township Boards
of Education, at regular meeting, to
change or alter, by consolidation or other
wise, the sub districts of their township.
And, although their jurisdiction or control
over the territory of their township for the
purposes aforesaid, is independent of the
concurrence or non-concurrence Of the
Boards of Education Of the circumj accent
townships. so far as the right of excluding
from their own sub district, any Of the ter
rtory of the contiguous townships. yet the
law forbids the exercise of this power in an
arbitrary or capricioMs manner; tor near
the close Of Sec. ID, it is made the duty
of Township Boards to pay due regard to
population, neighborhood. and to any.
school house already built, or cife pro-
cured. and to all other circumstances prop
er to be considered, SO as to "promote the
best interests of the schools"
In Sec. 16, it is also declared that,
whenever it shall happen that persons
shall be so situated as to be better accom-
modated at the school of an adjoining
tounship. or whenever it may be desirable
to establish school composed Of parts OF
two or more townships. it "shaH be The
duty OF the respective Boards OF the town
ships in which such persons reside, or in
which such schools may be situated, or o.
the townships or parts of which the school
is to be composed, TO transfer such per-
sons for educational purposes to the town
ship in which such schoo. house is OR may
be located"
The legal rule which should govern
Township Boards in this matter is "the
best Interests of the Schools" and the
'better accommodation Of persons at the
school Of an adjoining township
But as the experience of older States
have generally found these joint or troc-
.ionaI districts rather troublesome matters.
it would be well to avoid them wherever ii
can be done without prejudice to ",he best
interests of the schools" and without seri-
ously incommoding particular neighbor-
lous neighborhoods lying in contiguous
townships. joint districts, in most cases.
are Indispensable.
The Commissioner would avail himself
of this occasion to impress upon Town
ship Boards the importance Of proceeding
with great care and deliberation IN dis
charging the delicate and responsible duty
of re.dstricting their respective townships.
Let the whole ground be carefully survey
ed, "due regard" paid to school houses
already erected. sites procured. and every
OF the schools. In this important matter
..hasten slowly" deliberate malurely. exc.
cute kindly and courteously, and do not
overlook the discretionary power which
section % vests in Township Boards.
Let every thing be adjusted, so far as it
can be done, so as to bear equally upon
all and oppressively upon none. Town
ship Boards possess an excellent oppor-
tuni,y and scope for the exercise OF the
golden rule.
Itis greatly to be desired that they should
not violate the plain letter and spirit OF the
law, and thus afford oct ion for its en-
emies to pray for its repeal. as has evident
ly been the fact in many Of the cases sub
mitted to the Commissioner.
Itis believed. too, that Township Boards
in many instances. have sought to do too
much in single year, and imposed a bur
den OF taxation altogether too heavy.
Every district can not be accommodated
with new sites and new houses at the same
time. Those who need them most, should
be first accommodated. and thus on sue
cessively, until all are provided with suit
able sites and convenient school houses.
The chances are, that those who shall be
last accommodated. will be best accom-
modated, for the world is still going to be
progressive, and all the new things under
the sun are not yet seen.
II. HI. BARNEY.