The Buchanan County guardian. (Independence, Buchanan County, Iowa) 1858-1864, 1858-12-23
The School Law UncOn stitutioMal,

The School Law Uncon stitutional,
N The Supreme Court of the State,
on the 9th inst. in session at Des Moines,
rendered an opinion in regard to the
School Law passed by the last Legisla-
ture, under which our schools and school
officers are now acting, and pronounced
that law unconstitutional. The court de-
cides that the legislature has no legisla-
tive authority in school matters, and only
possesses supervisory power over the
actions of the Board of Education. The
power of legislation over Educational
matters, it assumes, rests wholly with the
latter body, although the right to enact
laws relating to school funds, taxes, and
appropriations of money for school pur-
poses, is acknowledged to rest with the
legislature, and all the provisions of the
law relating to these matters, are sus
tanned.
This decision renders null and void all
elections held under the law, and would
therefore seem to render illegal all con-
tracts and acts made and performed by
the officers elected under its provisions
Whether the Board has the power to le
galize those elections, contracts and acts
is question for further contest. From
the proceedings of the State Board now
in session, published in this week s paper
it appears that some of its members as.
sumo such power, and have introduced
bill for that purpose, which on the
18th, had passed to a second reading
The Board had also in consideration a
Bill on school district organizations and
elections, which does not differ, material.
ly, from the present law, and which will
undoubtedly pass.
Since writing the above, we have re.
ceived the Des Moines Statesman, extra,
of December Is, in which we find the
opinion of Attorney General RICE, in
answer to the inquiries of the Board. as
"nornof Tue ConooI Law oil the State
was null and void in whole or in part
if partly, what part. If wholly, whether
the acts Of former dates. pertaining to
schools, are of any validity or binding
iorce--and whether it is competent for
the Board to enact a law that shall legal
iZe OF render valid the transactions which
have taken place under, and were author
lied by, the School Law of 1853. AS
this is matter Of paramount importance
to the people of the State, we give it in
lieu of the Proceedings of the Board,
and other matters, which we had prepared
for publication. We likewise publish
the act legalizing elections, acts and con-
tracts held and made under the law. If
the Board has the power to make a law
retroactive, then everything that has
been done under the law, is now legal
OPINION OF THE ATTORNEY GENERAL.
ATTORNEY GENERALS OFFICE,
Dec. 10, 1858.
To tile President ofthe Board Of Eauca-
ton
SIR In compliance with resolution
of the Board of Education, asking an
opinion in regard TO an act entitled 9 An
Act for the Public Instruction of the
State of Iowa." approved March 18th,
1853, | have the honor to submit the
following views. 1t will be proper to
present first what / conceive to be the
duties. under the Constitution,
of the Board of Education, and of the
General Assembly, So far as the Educa-
tional interests of the State are involved.
II is the duty of the Board to enact all
laws and make all rules and regulations
that may be necessary to put into opera
ton thorough system of common
schools, and such other educational in
sttutions as receive aid from the Uniyer-
sity or School Fund. The entire Edu-
;alional interests of the State are placed |
oy the Constitution under the manage
nent of the Board. In the exercise of
his duty, they will be fully authorized |
% prescribe the officers their salaries and |
iutes, and, with the exception of the fl
1ancial part, to regulate the entire ma
;hinery by which the system shall be
;arried into effect.
The General Assembly has power TO
mend, revise or repeal any law passed
" the Board, and has exclusive control
# the Educational and School Fund and
lands. They are TO pass all laws which
'royide for the raising of means in order
0 carry the system into operation. In
Their words, what may be termed the
ntire financial department. is entrusted
D the General Assembly.
Such being the distribution of powers
royided by the Constitution, it is held
y the Supreme Court, in the case of the
district Township of the city of Du- {
uque, against Dubuque, that so much
t the aforesaid Act for the Public In
lruction of Iowa, as provides for a sys-
IN Of schools. and goes beyond the f.
ancial department OF the system, unless
ShouId he that mart repaalinor ayictinu {