The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-04-19
F,orn the State Democrat.


Answers to Questions on the School
Law by the Commissioners Of Com
mon Schools.
Question 40. In several townships a
conflict ofjursdic,ion has arisen between
the local Directors and Township Boards
of Education. The question submitted is,
what are the respective limits of the juris-
diction of School Officers?
Ans,oer. The duties of Township
Boards are general. and their jurisdiction
extends over the entire township; the du-
ties Of local Directors are special, and
their jurisdiction is limited to particular
sub district, and by the general rules pre-
scribed by the Township Board. accor-
ding to the provision Of section IS, OF the
School Law, which declares .'that it shall
be the duty o! said Board to prescribe
rules and regulations for the government
Of all the common schools within their ju.
risdiction.'
These general rules relate to the alter.
alton of the boundaries OF sub districts; the
selection of school house sites; size, struct.
ure and furniture Of school houses; the
course of study for each grade of schools,
and the selection OF the text books to be
used in the schools of the township; the
care and preservation Of school houses,
school furniture, apparatus, library and
other school property; the assignment Of
scholars to the several grades Of schools
wherever such grades are established, and
the admission Of scholars to, and their
dismissal from any Of the schools in the
township.
The duties and powers Of the local Di.
rectors, in each sub.district. under the
general regulation prescribed by the Town.
ship Board, are, the particular manage.
ment and control Of its local interests and
affairs; the employment Of teachers, fix.
ing their salaries, and certifying the amour,
due them to the Township Clerk; the dis.
missal of any teacher, at any time. for
such reasons as they may deem sufficient;
the visitation. oftheir schools, or the Sc.
lection Of persons to visit them; the ne.
goiiating and making Of all necessary con.
tracts in relation to providing fuel for
schools; repairing. building, or furnishing
school houses; purchasing or leasing
school house sites; renting school rooms;
and making all other provisions necessary
for the convenience and prosperity Of the
schools within their sub districts; taking
the enumeration Of children in their sub.
districts, appointing librarians for the dis
trict library, determining the place where
it shsll be kept, and seeing that the library
and apparatus are properly preserved.
All these duties may be performed, and
all the powers exercised. subject only to
tsh a 81 ;ot;oos Of ha ..,1o.
scribed by the Township Board of Edu-
cation. '6 s
Township Boards and local Directors
disposed to act in good faith and with
due respect for each others rights, pow.
ers, and duties, will, it is believed. be
able to execute their respective Offices
without inconvenience or difficulty.
The Commissioner regrets to state that
a few cases have come to his knowledge,
in which Township Boards have inter.
tered quite too much with the powers and
duties appertaning to local Directors;
and local Directors, on the other hand
have in some instances manifested unrea-
sonable reluctance to obey, and, in few
instances, q contumacious determination
TO disregard all the rules and regulations
prescribed by the Township Board, how.
ever needful such rules might be to pro.
mote the best interests of the schools oil
the township.
Such illjudged interference on the one
side, and obstinacy on the other, can
Iced to no good results. and may prove
disastrous to the schools, if long persisted
in by school officers.
Question 4t.-1p section 22 Of the
School Law, ii is declared to be ..the du.
" OF the Board Of Education in any o
the organized townships Of the State. an.
nually to determine by estimate, as nearly
as practicable, such amount Of money as
the Board may think necessary, not ex
ceet'ing two mills on the dollar valutior
Of the taxable property Of the township
Tor the purpose Of prolonging, after the
State funds have been exhausted, the
terms Of the several common schools ir
1 the township"
In section "a. il is declared that "al
school funds made applicable to the pay
ment Of teachers only, shall be distriubu
ted to the several sub. districts in tn.
township, in proportion to the enumera
4 ton Of scholars.
4 An tuO Sutts0 %ftu oCCuOus ~ 10 oloO u0
clared to be the duty "of each Township
Board to make the necessary provision
for continuing the schools in operation
In their respective to ownships, for at leas
seuen months in each year."
i II the mode for distribution above pre-
scribed does'not give to each district mon
ey enough 10 keep its school in operation
1what is to be done, or in what way are tn,
above provisions of the law to be rec
onciled?
j Ansrer. Township Boards must de
viate, when the necessity Of the case re
! quires II, from the above rule Of distribu
Ition in respect to the funds authorized t
be raised by section 29;- and the abov
provisions Of the Law are to be recon
ciled on the principle that the earlier law
!, when it relates to the same subject matter
s controlled by the later, and the prio
section or clause OF q statute, by the sud
sequent one.
Section fourteen of the School Law con
|templated that Township Boards will >
re-district their townships rs to includ
in each sub.district an enumeration {