Carroll free press. [volume] (Carrollton [Ohio]) 1834-1861, 1854-01-26
Norm UaIsn school AssoeIallon.
To sll whom 4 may concern |;

Nofu OatSh Schoot AssOcldlohs
To oil whom il may concern ,i. issha
aa E.s asr asa Sometime last
Summer the Board Of Kducaton Of Lee tp..
gave notice and az election was held in said
township to determine whether or not the
whole township should be governed BY the
new schOOllaw; which was ia effect whether
or nOtths "North Union School Association
should be continued or abolished in Lee tp. .
The vote resulted in favor Of the adoption Of
the new School law, which was certified to me
by the township clerk. The Association
claimed that it should bold the election itself
that none but its members were entitled to
vote; and that the election held by the officers
Of the township. and at which the electors Of
township at large were permitted to vote, was
illegal and void. The election was held under
authority Of the seth section Of the new school
law ..1n7
The officers Of the township returned the e.
nameration OF alllhe youth without recOgni-
zing the association: and the association re-
turned all the youth belonging TO 1t and claim
ed an apportionment Of School funds. the same
as II no election had been held. In ether
words the youth claimed by the association
were returned ;wice-once by its own officers,
and once by the officers of the townShip-the
Association and the township each claiming
The funds belonging to said disputed youth
The responsibility ofrscognizing or not recog-
nizing the association in the distribution Of
funds was thus thrown on me- The case be.
ing one Of Importance, and new and doubtful
to me, and without precedent in this county, |
submitted it to the Attorney General OF the
State. He favored me with an opinion. Ma
ny persons have expressed desire to have
that opinion published, the matter being ofcon-
siderable interest TO three or four townships
into which the association extends. there
fore furnish the newspapers of our county a
copy oft which they have politely agreed to
publish. IAave thought it proper to make
these explanatory remarks in connection with
It's publication. "h +. S. McKEAN,
7fgh p Iew And. G. Co.
fsa3l Tl t - tG
i5, @ Attorney Generals Office
Id sr "a Columbus, Dee 9th 1853.
SIR II have considered the questions sta
ted in your letter Of the 18th ult.
The North Union School Association Of Car
roll county was incorporated by special act
of the Legislature passed Marsh llth, 1886,
Social Laws, Vol. 34th page 4O2, 403. This
act is a regular charter, but only authorized
the association (beside the usual power of ma
king contracts, bringing and defending suits,
and having common seal) to hold "real prop
" erty either by purchase. gift. grant, devise,
:" or legacy, TO the amount ofone acre OF land,
"together with school house and such other
"buildings as may be necessary for the accom-
"modation of teacher, and the same TO dis.
"pose of at pleasure: to receive any gift grant
cor donation for the use and benefit of said So
"ciety' and to make and establish such by
claws, rules and regulations as they may deem
necessary for the good government of the
"same, with proviso that the funds of the
corporation should be applied exclusively "to
the payment OF teacher and furnishing full
for the school," except SO much as might be
necessary for the purchase of a lot and the err
ection of a school house and adwelling house
for the teacher. goT # ~ ,Ha e ai
This act neither conferred territorial iuris
diction upon the association nor exempted
its members from the payment Of any taxes
then assessed, or to be thereafter assessed, for
school purposes. Nor did it authorize the as
soCiation to receive any part Of the taxes levied
or funds provided whether by the State the
county, or the district, for the support fschoos,
The association, in other words was "a priuate
lcorporatlon--a much so al any incorporate
academy, or lyceum, in the State. H
BY an sct passed March. 18TH 1887 Local
Laws. Vol 35th pp. 247, 256, it was provided
that the School established by the cooperation
.'should be entitled to receive the same divi-
"dend Of all moneys appropriated by law for
f"the use Of common schools that school district
number FIVE, in Union, township: Carroll CO.,
"would be entitled to receive" And it was
provided, also, that the Secretary should, in
making the annual return Of the white youth
within the bounds ofthe corporation be gov
srned BY the provisions of of the laws regula-
ting common schools, and that the school
should at all times, "when the public funds
are appropriated for the purpose Of paying the
teacher or teachers, be free to all white youth
within the bounds Of the corporation between
the ages Of four and ltwenty-one years To
which proyiso of this effect, verbatana, was
added 50" '"
dThat there shall be nothing in this act nor
"the one TO which this is an amendment SO con
"strued yss to prohibit persons over twenty
some years Of fagea or youths living out of the
bounds of said corporation, from attending
"said school by obtaining the consent Of the
trustees thereof and paying INTO the hands o
'qhe treasurer thereof, or securingto be paid
I,'such sum or sums as may be required Of,
Them a.m sd ~s. u
This enactmenl is singular one, and diff
cult to comprehend at first sight. The cor
noration az have said had M tarritorial char.