Quasqueton guardian. (Quasqueton, Buchanan County, Iowa) 1856-1858, 1857-02-07

at length-lct us proceed 10 a short exam
ination of them.
lst. AS like TO deal with things on
principle, we will see how the objections
on that ground looks. l may not have
sufficient knowledge Of the springs of hui
man thought to Judge correctly-but sup
pose the Board of Directors, on investiga-
ton, had found that the sum voted BY
the district was larger than would be
needed, and had deducted therefrom a
sum sufficient 10 have reduced the tax
two cents on the 500, whose principles
would have risen up in rebellion against
the deed? Judge We between the two cents
and principle.
The legal objections are supposed to
be founded on certain provisions of the
Code of this State defining the powers of
the District. That the right to levy tax
for various purposes belongs exclusively
to the qualified electors of the district,
admit, but it by no means follows that
the tax assessed by the Board is illegal.
Sec. 1115 of the Code, Subdivision 9Th,
among other things, empowers the quail
fed electors, when assembled, to lay a
tax on the taxable property of the Dis
trict, as the meeting shall deem sufficient
to purchase, build, rent, keep in repair, a
school-house.
Subdivision 8, same Section, cmpow-
ers the district TO delegate any or all the
powers contained in the foregoing speci-
fications, including those oflevying taxes,
even, to the District Board.
Did the district so delegate the power
to levy the tax? Let us see. 1t is
claimed that the Board is the agent of the
district. Granted. We now have the
relations of principal and agent existing
between the District and Board-the for
mer rs principal, the latter as agent. 1t
is not only rule of law, but of common
sense, that the authority of the agent is
derived from the principal. Very we'll
The principal in the case under consider
alton authorized the agent to finish the
school-house in certain manner. Then,
by virtue of this authority, the agent was
empowered to do all acts necessary to ac-
complish the object What act was nt-
cessary to be done, in order to execute
the will Of the principal The answer
is, to raise more money, for without il the
will of the people would remain in stotu
Quo, and the authority from the begin
ming would be nullity. Hence, the
principal, in delcgasing the power to fin
ish the house, delegated as incident there
to, and from the necessity of the case, the
power to levy tax sufficient for the pur-
pose.
1t is not only so from the necessity of
the case, but by virtue of law. Every
such authority carries with it, or includ-
ed in it, as an incident all the powers
which are necassar,- 90 r--r-- ---- -.-i'
as means to afectuate the purposes for
which it was created. (Story on Agen-
cy, page 1l3, 5 81: page 70, S5a.)
This rule enters into, and forms the
foundation principle Of all representative
governments. 1t is the essential element
of social and political enconomy. Wher-
ever mankind acts in a corporate capaci-
", either as a nation, state, county, city
and town, this rule is of universal appli-
cation. BY it are conducted the opera
tons of railroads, schools, colleges, and
churches by it treaties are made, and
the various relations created and sus-
tanned between different nations and yet
certain would-be legal gentlemen try to
persuade us that acts done by virtue Of
the same principle in School District
are illegal and void.
AT the District meeting holden on the
evening of the 3oth ult., the tax list was
referred back to the Board for correction,
SO that the apple of discord is removed
for the present. But hereafter, would it
not be wise for us before we censure 9TH
ers, to first know that we are right?
ZEBULON, Cd.
Quosgaeton, FeJ. 4, 1857.
CARD.