The weekly Ottumwa courier. [volume] (Ottumwa, Iowa) 1857-1872, 1859-04-07
OFFICE OF THE Co. SUPERINTENDENT,
Ottumwa, April Q, 1859. {

|
Ottumwa, April ., 1859.
FDIToR COURIER,
! DEAR SIR You will confer a
favor upon the people of the County who are
interested in Schools, by publishing-the fol-
lowing circular recently received at this office
from Thes. H. Benton, jr., Secretary of the
Board of Education, for this State. Mr.. Ben
ton as secretary of this Board, acts in the same
capacity as did the former, Superintendent
ofPublic Instruction, and his opinions and
instructions are binding upon subordinate
officers. Several ofthe points raised and de-
cided in this printed circular, have been the
subject of much discussion and controversy
heretofore through the County, and it be-
came necessary for me to pass upon some of
them prior to the reception of the subioined
instructions. 1t will be seen that the Sec
rotary decides that the money apportioned
among the several Township Districts, shall
be divided up among the several Sub-Dis-
tricts, according to the number of sch GLARS
in each, "wthout the Sub-Districts mutually
agree to some other mode of distribution"
In the absence of any law or any instruc-
tons upon the subject had advised Town
ship officers to expend the money in the ,lif.
ferent Sub-Districts according t, the wants
OF each. Taking into consideration the age
and advancement in learning, as well as the
number of scholars in the Sub-Dstricts.-
That no formal division of the funds was
necessary under the present Township organ
ization. Under the circumstances it is due
myself and all interested, to make known
the reason that governed me in arriving at this
conclusion. The whole Township is now
one School District, and the necessary Off
GERS are fixed for each Township. These
officers are required to see that schools are
taught in each Sub-Distnct. 1t is made
their especial duty to employ all teachers,
and fix the compensation Of each, and the
term Of, time they are to teach, to determine
the number of schools to be established. to
establish graded or union schools, to deter
mine what branches shall be taught, &c. -
AS far as schools are concerned in the Town
ship the Board have full and unrestricted con-
troll over them BY an order of their Presi-
ident and Secretary their Township funds
are drawn and deposited with their Township
Treasurer. Subject to further opposition by
the Board of the Township. Efm n. .r~f
| The Board meet and employ teachers and
provide for Schools in each Sub-district. Tn
order that Schools may he ifpossible, taught
in all it becomes necessary that more money
shall be expended in some than in others,
School Houses in some need more repairs
than in Others. Fuel costs more in one To-
cality than in another, while in orr principal
towns, such as Otttu,wa, Eddyvillc, Blakes-
burg, Agency City and in many other local
tiles which might be mentioned, teachers are
required of more extensive requirements
than in other Sub-districts, because scholars
are further advanced, and generally of an are
that requires men for teachers who under
stand more than the ordinary branches re-
quired by law. In nearly every Township
in the County there are Sub-districts where
a great majority of the scholars are grown up
and teachers have to be employed who have
to be paid something more than those EN-.
ployea to teach the primary branchs. Hence
it will be seen that the exppn litures cannot
he uniform, and if the Board undertakes to
keep up schools in all, they must have the
power Gas they undoubtedly have) to make
such discrimination in their expenditures
as the necessities Of the different Sub-Dis-
tricts may suggest.
1 When it is made their duty to keep UP
schools in each of the Sub Districts, the DOW
er to use the means as they may deem pro-
Per in the performance Of this duty, is GER
tanly implied, by a fair construction of law.
This was evidently the DIES gn If those who
repcale the old district organization, and
framed the law making each Townshipa sin
gle school District, and giving the Board of
such Township District full authority and
control over the Schools of their Township.
} .w N CD. r. BOYD. %
OFFICE OF SEc'Y OF THE BoARD OF EDUcAT'N)
Des Moines, Iowa, March 10th, 1859. {
Are the Curative Acts Valid
Is a question often propounded. I am
credibly informed that the District Court in
the Tenth Judicial District has decided that
SAID acts are void, but upon what ground
| am not advised, nor am aware that the
case has been appealed, and in the event that
it has, it is impossible to arrive at any correct
conclusion as to what the decision of the
Supreme Court will be. | trust the case
will be appealed and settled with as little de-
: lay as possible, but in the mean time, shall
consider the acts obligatory. 1t is not i'm
portant, however, so far as future operations
are concerned, whether they are vail or in
operative. 1t can only effect the transac-
tons Of the past, year, and I am not dis
posed to believe that any serious inconven-
fence can arise even from that source. In
all cases of controversy growing out Of pro-
ceedings had under the act of the General
!, Assembly of March. 10Th. 1898 where the