The weekly north Iowa times. [volume] (McGregor, Iowa) 1857-1867, 1858-12-29
Opinion Of the Attorney General.
ArroRNYY 0sNRRA Ara Opr,c.

OPA04o0 OF inc Attorney General.
ATTORNEY e''''Al D.. o.s,s;j 18th. ,.s..}
To the Prssident u the Board Of Edxeattow
SIn-In compiancs with = resolution Of the Board
Of Education asking an opinion in regard to an act
State Of Iowa., approved March 18TH 1853, have the
honor to submit the following views. Il viii be proper
% t what conceive to b The
ton and Of the General Assembly, far - the Iduea
tional interests Of the State are involved.
tvs the duty Of the Board to enact I'll laws and
make al rules and regulations that may b necessary
To- rut into operation thorough system Of common
SCHOOL, and such ether educational institutions - re-
ceve Aid from the University or school fund The
tire educational interests Of the State are placed by
the constitution under the management Of the Board
In the exercise OF this duty they will be fully authors
and with the exception Of the financial part to rseu
carried into effect.
The General Assembly has power to amend, rsviss
or repeal any law passed by the Board and has sxcu
control Of the educational and school fund and
lands They are to all laws which provide for the
ration. In other words. what may be termed the 90.
tire financial department 10 entrusted to the General
Such ksiassh, .isssau ., suprsm. vouten I'M
case OF the District Township Of the City Of Dubuque
against Dubuque, that SO much Of the Aforesaid act
for the public instruction Of Iowa, prov dss for
system OF schools and goes beyond the financial de-
partment Of tho systen unless should be that part
repeating existing laws, the charge and custody 0,
..d and the raising Of
In many sections Of the law Of last winter the fnsn
caal 30 closely connected with other duties that IL Il
. dnicut task to distinguish and separate the one
from the other. When they cannot be thus separa ted
the entire section would be rendered invalid. an OF
opinion however, that the foregoing objection 10 not
h 70 2. me law and IN:
the system complete. Ample provision ID made fol
levyng taxes providing funds and every other meas.
urs 10 far - the financial department is concerned
fOP n svgkau ~ fho It'd A.
signated in the act. The Board has power to enact
system looking to future lsgsaon in order to provide
Cd. II would to follow that the Lsgslature have
power to enact financial system looking to the future
action Of the Board to carry fully into operation
am Of the opinion that the LEGISLATURE had power
to repeal existing laws. The Constitution expressly
gives them this power In regard to al acts Of the beard
and the existing laws ct the time Of the adoption d
question Is involved, - though passed by the Board
From this view Of the question, am OF the opinion
that 4. previous school laws except 50 M relates
cd under tose t. with the power and authority un.
der which they acted repealed and that with the
exception Of such parts Of the late Is have stated
system Certain persons in every county Of our STATE
have been exercising duties and performing acts for
which they had no legal authority. They cannot Be
creating the once. Such Of the Offices - are connect.
cd with the department. may be said to exist
thus far but beyond this they had legal existence
SAASsCNp
being legally qualified, had discharged the duties am
Of the opinion that since they would have been Officers
Dc Jaes0. their act. would have been good In Law,
without any curative action Of the Board.
In this case the Board would have to create law
than make that law retroactive in order that they may
act BY color Of ONCE, that their acts may have been
In the legal discharge Of their duties. I am Of the
opinion (though not without doubt that the Board
have no such remedial power. may add, that al
that has been done With reference to the financial de-
partmen derives ts power and elect from the General
Assembly, and beyond Jour control, and nssds no
remedial legtMation. Considering the magnitude Of
the interests involved the unfortunate condition Of
our school system and the almost irreparable injury
that Will result to every portion Of the State under the
acts Of those hllng the various school ofces unleas
the late laws are in some sgalissd and not
being entirely clear in regard to the question, would
recommend the passage Of curative act. BY such Q
statute, there any defects within your power,
they would Do remedied. II however, - have init.
mated they ere beyond your remedial power the pas.
sage Of such an act could result in no injury.
SAMUEL 4. RICE,
Attorney General