The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-04-24
school Law in Cities.

school Law in Cities.
The following exposition of the school
law appears in the State Sentinel and
from theiear makers, we presume it is err
cathelra, and is worthy Of the atten-
ton of or citizens who have taken
an interest in the subject Of public
schools. 1t attributes powers to the
school trustees they hayo never exercis
ed, as far as we are acquainted with their
proceedings in any part of the State:
There seems to be lack Of information as
to the provisions Of the common school law,
and the rights and privileges it confers. The
law defines what constitutes the common |
school fund, the interest and income from |
which, together with a tax of ten cents on
each one hundred dollars of property, and |
fifty cents on each poll. is annually distrib-
uted among the townships of the State, pro |
,at0,-each township drawing from the fund
tho share to which it is entitled in the
proportion that its enumeration OF children
bears to the4whole number in the State
This fund is to be applied exclusively to
furnishing tuition to the common schools OF
the State"
The law declares each civil township OF
Che State a township for school purposes, and
the trtsstees for such township, trustees for
school purposes and their clerk and treasurer
to be clerk and treasurer for school purposes.
| These trustees are empowered "to levy tax
| IN their respective TOW nships for the con-
struction and repair of school houses, and
| for the providing Of furniture and fuel there
tor; but no such tax shall exceed the sum of
twenty-five cents on each one hundred dol
lars OF property and fifty cents on each poll,
| in any one year."
The law also, provides that Incorporated
towns and cities shall constitute school cor
porations. independent of the townships in
which they may be situated and shall be en-,
| titled to the proportional amount Of school
| funds to which the number of children be-
tween the ages prescribed by law 1.-TWO and
twenty -onel will enttle them, and shall, by
trustees elected by the people, and by officers
appointed by the corporation, perform all
the duties required of township trustees, and
exercise all the powers vested in such trus-
tees" 1t will be seen, from this provision,
that the entire responsibility of conducting
and managing the common schools in incor-
poratcd towns and cities devolve upon the
trustees elected for that purpose. They have
tho entire control of the proportionatc share
of school funds to which such interpretations
are entitled, with the additional power OF
levying tax for the construction and repair
of school houses and for the providing of
, furniture and fuel therefor. The municipal
officers of an incorpora ed city or town, eX-
cept clerk and treasurer, have no jurisdiction
in school matters. The Common Council OF
the city have nothing to do with carrying
) out the provisions of the school law. To Sc
cure unifority, the school trustees of the in
, corporations named must I've elected by the
people, the same as the trustees of town
ship, who are likewise school trustees. In
IL. ,ft lao Atlt "A
. Treasurer Of Warren county, the Supreme
! Court decided that the school trustees could
g levy a tax for the building of school houses,
&C., although they had no right to assess
taxes for paying teachers of common schools
y We think these facts settle the question as
? to the jurisdiction of the Common Council o.
our city in reference to the school debt. They
Y had no right to contract that Indebtedness
. as they did not, and therefore have no righ
to assess tax to pay it or to cancel it out o
b ! the general fund Of the city. The only rem
7 edy is with the school trustees. To them tn,
1 law delegates the entire control Of all sclioo
!. matters. If they have transcribed thci
= powers through either ignorance or design
the respon~ ibility and remedy, if there b
t any, rests with them. They cannot 60 to tn,
4 City Council for relief. The proportion o
the general school fund to which lndianapo
n lis is entitled amounts to some $4,000 annu
~ ally. This the law declares must be apple,
= to furnishing tuition to the common school
n Of the State. To build aud repair schoo
:. houses and to provide furniture and fue
therefor, the trustees are empowered to lev
: a tax. This they have failed to do. The
e may yet do 50, however, and the tax collects
!, may be fairly applied to the payment of ex
j, listing Indebtedness, as the expense of build
ing, repairing, providing furniture and fuo
for the school houses has doubtless bee
= paid out of the State school fund, which ca
1t only be used for tho payment OF tuition.
1t will be socn from what we have sal
% upon the subject, that the provisions Of I'll
N school law arc exceedingly liberal to accom-
plish the objects intended BY the lava com
~ mon school education for all the children
the State. If the fund provided is not adc
quatc, the remedy is with the Legislature b
IN an increase Of assessment. The law confer
upon the school trustees ample powers to Pre-
u vide all the necessary auyilliarIes for educa
,. tiona, purposes. 1t invests them with iii.
cretionary powers to levy taxes to constru,
III school houses, &C., limited only in IL
III amount which shall bc assessed each year.
Their action is as final rs that of the Lcgis
y. latuie. With them and them alone, is Il
IN responsibility and tho authority for manag
ing the common school affairs Of the schot
corporation of indianapolis. The City Cour
;" Gil cannot legitimatey act in the premises.
We hope the Republican Council and I'll
Republican School Trustees will not furth,
he entanglc the matter. 1t is little singular TIN
two sharp and profound Republican lawy,
III Councilmen should be so much befogged upo
he a very plain question. or which should be .
b to members of the legal profession, especial
lie those whose aspirations have looked towart
EN- the Supreme Bench.
-, 1t may he we'll to add, that the school la
'u contains a provision requiring the school di
,t. tricts in incorporated towns and cities whiC
,, had contracted debts previous to the pass,
> Of the act to provide for their payment. TE
g provision, however, will not apply to Il
:, school debt which tho City Council are no
!" asked to assume, as that has been create
1t since the passage of the school law. ri
he present school indebtedness will have to
provided for by the action of the school tru
iS- tees, as all matters connected with Il
of school corporation of tho city arc vested wi
them.
,at A CORRECrIoN.-The Sullivan Dem
IN. crat complains that we misstated Il
NC circumstances in saying that Todd, Il
m negro, who was hung in that place, ,