Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-01-26

pause here 70 indicate plainly, that al the
rights conferred upon the North Union School
association (beyoad its character as priv ate
corporation were revocabIe at the win Of any
subsequent Legislature. Il cannot be pretend
ed under the act Of March 5gh, 1897 that the
association had any claim on the funds appro-
priated 70 the use Of common school district
number Eve or 10 Union township at large, in
The nature Of private or corporate right. Ae-
cordingly on the(fst Of March. l845. the pro-
vision was repealed BY an act Of that date and
the corporation (separated from district hums
Der Eve lost is territorial authority, Losal
Laws Vol 43 PIP els.
Previous TO this. March 10Th. 1894. another
act relative 10 the North Union Association had
been passed. (see local Laws Vol 42 pp. eel. q.
zee. Il would appear that The corporation had
been usurping poEers not conferred bg law.
For whereas the charter authorized i 70 esta5-
lish but Une school and whereas the act (then
nnrepealed) OF March 15, 1897, confined il to
the "bounds' Of district number FIVE, the ssso
citation had established four schools and in diff
ferent townships. They were legalized, how
ever, by the FIRST section Of the act passed
March 18th 1914; in these words:
seTha the North Union School Associa-
ton Of Carroll county, from and after The pas
sage Of this act, is authorized to keep open
four public schools, and no more, and to own
and occupy four school houses. within the
township or townships, in said county, where
in said schools are now located"
The third section provided for the free sd-
mission to the school Of all poor youth residing
within two miles thereof. ~
The most important sections, however. are
the second aud the sixth--the order of which
for the sake OF cearness, Tanspose.
Section sixth is in these words
"The Secretary of said Association shall make
annually return Of the youth Of said assOcia-
tion IN the same manner asis required Of dis
rict clerks BY the ctregulating common schools
in this State. v--42, Local Laws 222.
Section second provides; ..t
"That said Association shall draw from the
county treasury on the order Of the county au-
ditor annually, fair and equal proportion of
the school funds of sal county under the same
rovisions and regulations as are in such cases
prescribed by the several acts regulating COM
mon schools in Ohio and the members Of said
ASSOCIATION shall not during the existence there
Of, be liable to taxation for the support Of any
schools other than those of said Association as
aforesaid: provided that the property Of said
members shall not be exempt from the state
and county taxes for school purposes. Local
Laws 22l.
I Such was the condition Of, affairs on the
FIRST day ofseptember, 1851, when thepresent
constitution took effect incline to the beefthat
SO much of the act sed March 18th 1914
authorised the association to secure and control
portion of the school funds (separate from the
districts and townships at large) was supposed
by the constitution as we'll in article second
and section 26th as in the second section Of the
sixth article and that so much of the act" to
provide for the reorganization supervision and
Maintainance of Common Schools" passed
March l4th, 1843, in section sixty-seventh as
recognizes such 'specip acts in relation to
SCHOOL, is merely void. But the case submit
ted THAT OF Lee township does no require that
l should decide that question. Neither am Ire
qured to decide whether or 20 the members
of the North Union school association are enti-
led, und er our present constitution to be
exempt from the payment of any school taxes
levied in the township or districts within
which they reside
| The qualified voters of Lee township have
decided (it Nould SEEM to adopt the act pas
sed March l4th, 1858, Tor the management OF
common schools within their township This
election was conducted under the authority Of
the sixty sixth section of that act and two
questions have arisen upon it Whether the
notice should have been given by the Board
of Education for the township, or by the ofil-
[cers Of the North Union School Association.
| 2. Whether the electors of the township
in general, or only the members CT the Associa-
tion. were entitled to vote.
The answer to both questions depends on a
single consideration. AT the time Of that
election, the North Union School Assccia-
ton had no local character at all: that was a.
bolished on the first of March, 1845 by the act
already. mentioned. The corporation. there
fore, did not constitute local board Of Educa-
ton in any sense-nor could its officers be
called 'local" officers Neither the Assocla-
ton nor its officers had the "charge" of
schools in any city, township, or village"
within the meaning of the sixtY-sixth section.
Those words do not refer to the board or
officers controlling. a particular school, or
more than one school, in any township-but
to the board or officers having 'charge' Of the
lpablc interests Of education and the public
schools in general. They refer, therefore to
| the Board of Education for the township.
The voters, in like manner, are the people
lofthe township--and not, merely. those who
constitute a close corporation. sect, or special
district The act Of March 14th, 1858, differs
from the former acts, chiefly, in til is particular
that whereas they regarded county and district
organizations /. regards the State and town
ship organization. A towaship under the pres
ens act is an entity--having an interest com
mon to all it's citizens, and goverened by
one board. The districts or sub. districts (as
they are now cslled) constitute precincts on
ily for election and other special purpos-
es. So that even if the North. Union
School Association were now Gas once it was J
the embodiment of district Gve in Union town
ship. its authority could be overrhrown by the
votes Of the people in that township at large.
Il y ~