The Burlington weekly hawk-eye. [volume] (Burlington [Iowa]) 1860-1876, 1860-03-24
From tho Dss slo.nss Register;1

DeS MONIES, iowa, iarch IA, 1901.
TO School District Officers
The object of this communication is to cor
rect some erroneous impressions which exist in
the legality Of the election Of sub-dircctors on
the 9TH inst, (the first Monday in Marchl
1t is assumed that the election is Illegal, be-
cause the FIVE days previous notice required BY
the law either was not, or could not be legally
given Such il not the fact In all elections or
meetings, where the time for holding them il
6xed by law, the notice, though proper and use
ful in ITSELF ID not essential. 1t il simply dircc
tory, and failure to give it does not invalidate
she election. Any other construction would
placeit in the power Of the officers, whose duty
it il to give the notice, to subvert the positive
declarations Of the law. The officer might re-
fuse to give poticefrom year to year, and thus
place Il beyond the power Of the people to COM
ply with the requirements Of the statute. Hence
an election held in any snb-district on the first
Monday in March as required by law, either with
or without the notice, il cGlid and the sub
director elect should qualify and enter upon his
duties. In al sn5-districts which failed to elect
on the first Monday in March, or which elected
Oh some other dav, 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 s.anv
officer whose term Of service is prescribed by
this act, shall continue in Office until his success
sor is qualified" In all cases where there il any
doubt as to the validity Of the election, or where
no election has been held, would recommend
that sub-directors continue in office under the
foregoing provision. F4 Fl
The board Of directors in Office on the first day
of March should continue to act in that capacity
until the new board is organized, at which time
the offices Of President and Vice President.
Secretary ard Treasurer, as created by the act of
December 25th, 1883, ccsse to exist. The new
board Of directors should organize and enter
upon their duties Immediately after the first Mon
day in March, but in case they have failed to do
So it will be proper for the old board 70 act, till
the new is perfected @
The law further provides that "When new.
township has been organized, or district ,riso,a
officers, the trustees Of TIL. township shall post
written notices specifying the time and place of
the aforesaid meeting (sub-district niecting,) in
five conspicuous places in the township" Under
this provision applicable under the former law
TO township district meetings of sub districts
and city iistricts) the trustees should give M
tice Of en- election in each sub-district for the
election Of one subdirector or, If 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 appointment OF President and
Secretary, who should nc. AZ judges Of the cleo
ton and issue certificates to the officers elected
In this, and all similar cases, the ,ofice desig-
mates the sf'7e and piece of the meeting, and
hence it Is essential
The Law also authorizes the board of directors
TO gil any vacancy that may occur in the Board
until the next regular sub district meeting,s and
IF at any time the Office Of Secretary becomes
vacant by resignation or otherwise, the board
shall appoint one Of their own number 10 fiji
such vacancy
. In case any township district failed on the &C.
cond Monday in March to vote tax for the sun.
port Of schools--that il for the payment Of
teachers wages-thc board of direetors can do
50 AZ their regular meeting on the first Saturday
after the first Monday in April being for the pre-
sent year the 18th day Of April. It be-
comes their duty at that time to''ascertain the
amount required in addition to the sum appor-
toned to the district BY the county Judge Of, the
first Monday in April, TO support the schools of
the district for at least twentyfour weeks, and to
certify the same to the county judge without any
vote Of the district, and it il to be levied col
lected and paid over as .ther school taxes are.r
This i also applicable to districts organized nm
der ''an act TO confer certain powers on towns
andeitics for school pnrposes' There is no lin
It liked to this tax, other than that 1t must BE-
enough in connection with the funds received BIZ
me district from the annual apporsionment, to
support the schools for the length Of time re-
quired By law. See 18th clause Of section ~
OF the former, and 18th clause Of section l6 of
the present law, being tho same in both cases.
II has been suggested from various Quarters
that the Legislature should pass an act ieraisin.
the proceedings and elections Of school districts.
where any doub. exists as to their validity.-!
" - due Difference to those who entertain such
an opinion, must say that do not see the ne
cessity Of such legislation, nor do believe thu,
tlaa legislature possesses the constitutional an.
thority to PISS such aet. The courts have dcci-
ded that the Legislature cannot conssitutionally
enact law providing for the election and def.
ming the duties Of school officers, and hei,ceit il
reasonable to infer that it could not mss IN act
lcgalizing the election Of such Officer Il
THOMAS II. BENT0N,sJh
Sec'y of tho Board DC Education.
! II =