The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1860-03-23
From the Des Moincs Register.
OFFICE OF SEc'Y BOARD OF EDUCATION,
Daa Noinas iowa M,ah Id sGn I

Des Moines, Iowa, M'ch IA, go.
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-direct.
ors on the 5th instant, (the first Monday in
Marchl.
Ii ls assumed that the election is illegal,
because the FIVE days previous notice required
bv the law either was not, or could not be le-
gally given. Such is not the fact. In all
elections or meetings, where the time for
holding them IL fixed by law, the notice,
though proper and useful in itself, is not es-
sential. 1t il simply directory, and failure
TO give il does not lnvalidate the election
Any other construction would place it in the
power Of Tie officers, whose duty il Is TO give
the notice, to subvert the positive declara-
tons Of the law. The officer might refuse to
give notice from year to 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
first Monday in March, as required BY Law,
either with or without the notice, is palid !;
and the sub director elect should qualify and
enter upon his duties. In all sub districts
which failed to elect on 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
offcer whose term OF service is prescribed BY
this act, shall continue in Office until his suc-
| cessor is qualified" In all cases where there
is any doubt as to the validity of the cleo
ton, or where no election has been held, !
would recommend the SUBJ directors continue
Ia Al r.
The board OF directors in Office on the first
day of March should continue to act in that
capacity until the new board is organised, at
| which time the Offices of President and Vice
President, Secretary and Treasurer, as ore
ated by the act of December 25th, 1858,
cease to exist. The new board OF director
should organize and enter upon their duties
| imm ediately after the FIRST Monday in March.
but in case they have failed to do 80, it will
be proper for the old board to act, till the
new is perfected.
| The Law further provides that "When a
new township has been organised, or dis
trict without officers, the trustees of the
township shall post written notices specify-
ing the timo and place of the aforesaid meet
ing lsub- district meeting,) in FIVE conspicu
Gus places in the township" Under this
provision (applicable 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 direotor, or, If in th.
case Of city District, of an election OF Pres.
ident, Vice President, Secretary and Treas.
urer. and three directors, and in either cas-,
| the meeting should organize BY the appoint
ment Of President and Secretary, whs
should act as judges Of the election and is
sue certificates to the officers elected. Ii
this, and all similar cases, the notice desig
mates the time and place of the meeting, AM
hence it is essential.
The law also authorizes the board Oh di
rectors ssto fill any vacancy that may occu
in the board until the next regular sub-dis
trict ID eeting," and ssIf at any time the ofic
of Secretary becomes vacant by resignatio,
or otherwise, the board shall appoint one O
their own number to fill such vacancy
In case any township district failed on th.
second Monday in March to vote tax TO
the support Of schools that is for the pay
ment OF teachers wages-the board OF di
rectors can do 80 at their regular meeting OF
the first Saturday after the FIRST Monday il
April, being for the present year the 7th da,
of April. ltbecomes their duty at that tim
to ascertain the amount required In addition
to the sum apportioncd to the district by th,
county judge on the first Monday in April, Il