Portage sentinel. [volume] (Ravenna, Ohio) 1845-1854, 1854-01-25
R. Fl. BARNEY.
For the Ohio State Democrat.
Quastfons Submitted 10 thc Commits
SiOner Of Common Schools.


QUESTION FIRsT-Are incorporated uMa9es,
containing not less than three hundred inhabit-
ants, obliged to maintain a school organization
separate from and independent of the rest of the
township!
ANswEn.-They are not, for Sec. 80 refers to
cities and Incorporated villages only.
QUESTION SEcoND-If an Incorporated village
containing net less than three hundred inhabit-
ants, and the township in which such village is
Fituated, do not each possess pecunary strength
enough to provide for the maintenance and sup
port of high school, Independent Of the other,
are they obliged to maintain separate organiza-
tion, and separate, high schools, ii they have high
schools at all!
ASswER.-The law declares Incorporated viii
lagos, not governed as to schools by charter or
special law as specified in the 9th Sec, to be dis
tigct school districts, in all ca ses where the
Der of inhabitants is not less than three hundred,
with Board of Education, consisting of three
persons who shall have power to divide such vii
lagos into sub-districts; and this Board of three
may establish within their jurisdiction as many
schools Of different grades" as they may think
the public interest reqnires, and "shall have the
same powers, perform the same duties, and be SUBJ
ject to the same penalties as Township Boards"
and by agreement with the Township Board, may
transfer territory from the township, and annex it
to the village, for school purposes.
By sec. 81 the Township Board possesses spe-
cifc powers for establishing high schools, when
authorized by the qualified voters Of the township
not resident within the jurisdiction of an incorpor
sted village or city governed us to schools by
ehafker or acts mentioned in the 9th section, or
organized into single district by the provisions
Of the 23d section of the new school act. 1t
should be observed, by the provisions of section
81, that the qualified voters of the township, when
convened by a notice of the Township Board
"shsll decide by vote any questions which may be
deemed important in relation to tie cost and iocG
tion Of the building or buildings, or other provis-
ions necessary for the establishment of any such
school, (high schHol,) and also the amount o
toWnship tax which may be levied for the purpose"
but this tounship tax is to be levied, as provided
in section, ~, only on so much Of the taxable
property Of the township as is not included in any
city or Incorporated village, or territory annexed
thereto forming a special district. .
Now, as the Board of Education ofan incorpor-
ated village possesses, by laW, oil the po,Ders, Of
the Township Board, it would seem to follow, as
d matter Of course, that they might proceed in
the same way, prescribed in section 81, to call
special meeting of the qualified voters of the in
corPorated village, and decide all questions con-
nected with the establishment of high school,
Independent of the township, or in connection with
the Board of the township, as might be agreed, or
authorized by the action of the qualified voters of
the village and township, each acting within their
own jurisdiction, or each evying within their ju-
Tisdiction such share ofthe necessary tax as might
be agreed; and in this way, there is no legal diff
Guilty or want OF power on the part of the Village
Board or Township Board of Education, to pre-
vent acting in coRcert for the purpose of estab
fishing high school, for the joint benefit of both
village and township, and locating it in the village
or out of it, in such part of the township as may
be desirable and in accordance with the wishes of
the sHalifed voters Of each.
No high school, in the proper sense of the term,
can be established, either in such Incorporated
village orin the townships, except by authority OF
tha qualified voters. Each Board is clothed with
an independent power to tdr; but may act jointly
and by mutual agreement in reference to transfers
OF contiguous territory, or the establishment of
high school in accordance with vote of the peo-
pie. This construction of the school act is be-
lieved to be the true one, and such as comports
with its spirit and the intention of the Legislature.
Hence the conclusion is drawn, that although
each incorporated village containing not less than
three hundred inhabitants. is by the law created
separate district. yet there is nothing in the law
prohibiting the establishment of high school for
the mutual accommodation of the scholars of botl,
village and township, provided it be done in the
manner above specified. A village not incorpor-
ated IL, Of course subject to the jurisdiction of the
Township Board until il becomes incorporated,
no matter what the population may be:
~ $50 -4a H.H. BARNEY. .