The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-12-23

lands and money, and the raising of tax
es, is unconstitutional and void.
In many sections of the law Of last
winter, the financial is SO closely connec-
ted with other duties, that it is n difficult
task to distinguish and separate tie one
from the other. When they cannot be
thus separated, the entire section would
be rendered invalid. am of opinion,
however, that the foregoing objection is
not strictly applicable to any section of
the law, and the Board, therefore, by ju-
dicious Legislation, can render the sys-
tenn complete. Ample provision is made
for levying taxes, providing funds, and
every other measure, so far as the finan-
cial department is concerned, which
may be necessary for system of the
kind designated in the act. The Board
has power to enact a system looking to
future Legislation in order to provide the
means, or with reference to funds already
provided. 1t would seem to follow tn at
the Legislature have power to enact a
financial system looking to the future ac-
ton of the Board to carry it fully into
operation.
am of the opinion that the Legisla-
ture had power to repeal existing laws.
The Constitution expressly gives them
this power in regard to all acts of the
Board and the existing laws at the time
of the adoption of the Constitution must
be considered, so far as this question is
involved, as though passed by the Board
From this view of the question, am of
the opinion that all previous school laws.
except so far as relates to the School
Fund and School Lands, and the offices
created under those acts, with the power
and authority under which they acted,
are repealed, and that with the excep-
lion of such parts of the late act as l
have stated are in force, we have been
destitute of any legal school 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 said to
act colore o6fcie, since there was no valid
law creating the Office. Such Of the off,
ces as are connected with the financial
department may be said to exist thus far,
but beyond this they had no legal exist
ence. If the Office had existed, and
these persons without being legally quail
flied, had discharged the duties, am of
the opinion that since they would have
been officers de facto, their acts would
have been good in law, without any Gu
rative action of the Board.
In this case, the Board would have to
create law-then make that law retro
active in order that they may act by
color of Office, or that their acts may
have been in the legal discharge of their
duties. | am of the opinion Though not
without doubt, that the Board have no
such remedial power. I may add that
all that has been done with reference to
the financial department., derives its pow
err and effect from the General Assembly
and is beyond your control, and needs
no remedial Legislation. 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 filling the
various school offices, unless the late
laws are in some measure legalized- and
r - -.-ssy =. ~~no... regard 10 the
question, l would recommend the pas
sage OF curative act BY such a stat
ute, if there are any defects within your
power, they would be remedied. If, how
ever, as | have intimated, they are beyond
your remedial power, the passage of sue h
an act could result in no injury,
SAMUEL A, RICE,
attorney General.