The Council Bluffs nonpareil. [volume] (Council Bluffs [Iowa]) 1857-1867, 1860-03-24
OFFICE OF SEc'Y OF BoARp OF EDucArlcS,
DEs MONIES, Iowa, March IA, 1860.

To School Disfrict Oficers:-The object
Of this communication SO 70 correct some !.
erroneous impressions which exist in the le-
gality Of the election Of sub directors on the
5th instant (the first Monday in March).
Il is assumed that the election 10 illegal,
because the five days previous notice rcquir-
ed by Law either was not, or could not be
legally given. Such ie not the fact. In
all elections or meetings, where the time for
holding them is liked by law, the notice.
though proper and useful in itself, is not ess
sential. 1t is simply directory. and . fail
ure to give it does not invalidate the elcc-
ti0n. Amy other construction wonld place
it in the power Of the officers, whose duty
it is to give the notice, to subvert the poe
tive declarations Of the isw. TIL of1esf /
might refuse to give notice from year 70
year: and thus place it beyond the power Of
the people to comply with the requirements
of the statute. Hence an election held in
any sub district on the frst Monday in
March, as required by law, either with OF
without the notice Is raid; and the sub di.
rector elect should qualify and enter upon
bis duties. In all sub districts which failed
to elect en- the first Monday in March, or
which elected on some other day, the sub
director elected last year will hold over and
become member Of the Board Of directors
of the township district for the present year.
The law provides that ''any officer whose
term OF service is prescribed by this act, shall
continue in Office until his Successor 10 qual-
i6ed." In all cases where there 10 any
doubt as to the validity Of the election, or
where no election has been held, would
recommend that sub directors continue iu
Office under the foregoing provision. = -
Tie board of directors in Office on the
first day Of March, should continue to act.
in that capacity until the new board is or
ganized, at which time the officers of Pres.
ident, Vice President, Secretary and Treas
urer, as created BY the act Of December 2jth
1858, cease to exist. The new board OF d.
rec,ors should organize and enter upon their
duties immed ate!y after the first Monday
in March, but in case they have failed to do
so, it will be proper for the old board to
to act; till the new is completed.
/ The law further provides that "When .
new township has been organised, or dis
trict without offers, the trustees Of the
township shall post written notices specify
ing the time and place Of the aforesaid meet
ing (sub district meeting) in fve conspicus
Gus places in the township" Under this
provision {aplicable under the former Law
to township district meetings OF sub districts
and city districts) the trustees should give
notice Of an election in each sub district for
the election Of one sub director, or, 1t in
the case Of city district, OF an election Of
President, Vice President, Secretary and
Treasurer, and three directors, and in either
case the meeting should organize by the ap-
pointmcnt of President and Secretaryy
who should act as judges OF the election
and issue certificates to the officers elected.
In this, and all similar cases, the notice
designates the fine and place OF the mecss
ing, and hence it is essential.
The law also authorizes the board OF dis
4 rectors ssto FIJI any vacancy that may Occuf
in the Board until the next regular sob dis
Itrict meeting,'' and "lf at niy time the
Office Of Secretary becomes vacant BY res.
ignation or otherwise, the board shall sp-
point one Of their own number to All such
vacancy"
In case any township district failed on
, the second Monday in March to vote : sa1
for the support Of schools-that Is Tor the
payment Of teachers wagcs-the board oi
directors can do so at their regular meeting
. on tho first Saturday after the first Monday
in April, being for the present yesf the "a
il becomes their duty at that time to ~.
! certain the amount required in addition Y
: : the sum apportioned to the district BY th'
: County Judge on the frst Monday in April
to support the schools Of the district for 9
least twenty four weeks, and to certify sh
same to the County judge without any vot'
: of the district, and is to be levied, coilecte'
aud "paid over az other school district tax
= are.' This also applicable to districts q