The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1858-05-01
From the Burlington Hawkeye

The School Law, for which the Republic
cans are attempted to be made sponsors,
was the work of Mr.. Fisher. 1t was saddled
upon the State through the instrumentality
of the Superintendent of Public Instruction.
Horace Mann had nothing to do with it, and
never furnished either the body or skeleton.
His name was employed in connection with
it, but only to conciliate such members Of
the Legislature as thought him wise and
sound on educational subjects.
IS THE LAW CONSTITUTIONAL
Will some one tell US how the agragrian
feature Of this act, distributing one half the
moneys collected for school purposes equal
ly among the districts, without reference to
the number of children, is to be reconciled
with the 9TH Section of the second clause of
the 9th Article Of the Constitution.
''The money subject to the support and
maintenance of common schools shall be
distributed in districts in proportion to the
number of youths between the ages of five
and twenty-one years as may be provided
by the General Assembly,"
But again, the Constitution creates a
Board of Education and gives it the whole
control of the subject until 1868.
Sec. s. The Board of Education shall
have full power and authority to legislate
and make all needful rules and regulations
in relation to common schools, and other
educational institutions, that are instituted
to receive aid from the School or University
fund Of this State; but all acts, rules, and
regulations of said Board may be altered,
amended, or repealed by the General As
sembly; and when SO altered, amended, or
repealed, they shall not be re-enacted by
the Board of Education.
Sec. IL. The Board Of Education shall
provide for the education of all the youths
of the State, through system of common
schools; and such schools shall be organized
and kept in each school district at least
three months in each year. Any district
failing, for two consecutive years, to organ
ize and keep up a school, may be deprived
of their portion of the school fund.
Sec. ID. The members Of the Board Of
Education shall each receive the same per
diem during the time of their session, and
mileaSC SViuS " anu ICtuiHiuS tHeEcAIoW,
Us members of the General Assembly.
Sec. IA. A majority of the Board shall
constitute quorum for the transaction Of
business, but no rule, regulation, or law,
for the regulation and government Of COM
mon schools or other educational institu-
tons, shall pass without the concurrence of
a majority of all the members Of the Board,
which shall be expressed by the yeas and
nays on the final passage. The style of all
acts of the Board shall be, "Be it enacted
by the Board of Education of the State Of
Iowa." ...
Sec. Is. At any time after the year one
thousand eight hundred and sixty-three, the
General Assembly shall have power to atol-
ish or rc-organize said Board of Education,
and provide for the educational interest of
the State in any other manner that to them
shall seem best and proper.
That the Constitution has taken the whole
subject, save that of managing the school
money and school lands, out Of the hands
of the Legislature and given it to this Board,
seems to US very plain from the above.
The Constitution provides for Board of
Education and declares that it sSHALL
provide for the education of all the youths
of the State.'' That is hard to get round,
and unless some one shows us that when
they said Board of Education they meant
General Assembly We shall regard the mat
ter as settled. g