The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1861-05-31
State OF es0ta...Department Of
Public Instruction.
SAINT PAUL, May 20, 1861

"SSu ASSOiVCu ny INC CIIuCcuucut VI
Public Instruction, all requiring some at
tention, and about one third asking opin.
ions in relation to obscure and disputed
points in the new School Law.
AS the last Legislature, under the i'm.
preston that the work of this Office could
be done in few days, reluctantly continued
it, and refused all clerical assistance, it is
impossible, with the utmost diligence, to
give every letter the attention it deserves.
The following replies, however, it is
thought, will answer the queries of many,
and perhaps be of some assistance to others
who have not written, in interpreting the
law.
OFFICIAL ANSWERS.
Query l. If a sub.district has its boundaries
enlarged, will the portion added be liable for
the debts of the sub.district, contracted before
the addition was made?
Answer. 1t will not.
Query 2. Will territory taken from a SUBJ
district, be liable to pay its proportion of the
debt of said sub.district, created previous to
separation !?
Answer. 1t will.
Query 3. How shall the debts of sub-dis.
force, be settled2
Answer. Section Goth of the new School Law
declares the obligation of districts to settle
past indebtedness, but the law fails to point
out mode Of settlement.
An equitable method would be for the trus.
tees of the sub.district, successors of the dis
trict under the old law, to call special meet.
ing, in accordance with sections As, 46, AZ, for
the purpose of levying tax to cancel past in
debtedness of the old school district, which,
when levied, may be placed in the hands of the
trustees of the district, who can proceed &C.
cOrdinO f0 tho Y,rovioionc IF coction
Query 4. When the trustees of four districts
meet to form new sub-dstrict, is majority
of all the trustees voting together necessary to
form the district?
Answer. Section 9Th of the law says that al
teration of sub.district must be by the concur
rent action of the trustees of the several dis
tricts interested.
Section 9TH states further that a majority of
the Trustees from each of the districts interest
ed is necessary to effect an alteration.
If then majority of the trustees of one dis
trict should oppose, the alteration could not
be made.
Query 5. Can sub.district raise tax of
three hundred dollars for the purpose of build
ing school house, Or are they limited to ten
mills on the dollar?
Answer. They are limited to ten mills on the
dollar. See section 9th,
Query 6. Can trustees take land from an ex.
listing sub district, when all the voters of said
district are opposed?
Answer. Trustees cannot alter sub-district
except on petition. See section 9TH.
Query Z. Is it necessary for the trustees of
school district to employ teachers and provide
fuel for schools iu each sub. district for three
months, to entitle the district to its proportion
of the public school money?
Answer. Section 9th of the law says "there
shall be provided by the trustees in each year,
at least three months school in each sub-ds.
trict : and the amount necessary to defray the
expenses of school for that time over and
above the public money, shall be levied upon
the taxable property of the district by the
trustees"
The State assumes that it is the duty of each
| town, to provide at least three months instruc.
| ton for each person between five and twenty.
one within its limits. If it does not do so, it
cannot receive the gratuity from the State.
See also section 4lst.
Query 8. How shall sub. district proceed
that failed to elect their officers on the last
Saturday of April?
Answer. special meeting may be called,
in accordance with the provisions of section As.
Query 8. Have the voters of a sub district
the right to levy tax for the support of
school?
Answer. They have not.
Query 10. How can tax be levied ii parts
OF other towns are annexed to school districts
| in the town where the tax is proposed to be
raised?
Answer. Section 5th of the new code says,
"sub.districts constituted of parts of two or
more districts, shall be sub districts of the dis
trict in which the school house is situated, or
IN which the public school shall be taught"
Therefore parts of other towns will be attached
to that district in which the school house is sit
uated and will form part of said district for
tributiOn of school money and all other school
purposes, as fully as though said sub-district
was all included within the town in which the
school house is situated.
Query IL. Can the County Auditor make an
apportionment at any other time than in March
and October?
Answer. Not by law.
Query IL. Is there anything in the law to pre-
vent a superintendent teaching school?
Answer. The duty of a superintendent is to
examine teachers, visit each school in the dis
trict, and spend at least one day therein, intro
ducing methods of management and instruc.
ton, and classifying the scholars. To perform
these duties, and at the same time be teacher
in the district, seems incompatible.
Query ID. Can the directors of a sub-district
hire teacher?
Answer. Under the law they cannot. See
section 18th.
Query IA. Explain the apparent discrepancy
between section 18th and the 9th clause OF sec.
ton 10th.
Answer. Section 49th, subdivision 5th, says
the legal voters of sub-district may vote
tax to build, hire or purchase a school house,
but section 18th says that the trustees of the
district shall levy the tax voted by the SUBJ
district.
Query Is. If a sub. district does not desire
school, must one be forced upon them?
Answer. 1t is the duty of the trustees to es-
tablish school in each sub.district. A repub-
lie dare not foster ignorance. While it is OPP
tional under our law whether parents send their
children, it is obligatory upon the trustees to
establish the school. In Massachusetts, to pro.
tect the State from barbarism, fine of twenty
dollars is imposed upon every person having
under his control child, who does not send the
child to the public school in his town at least
twelve weeks in the year. Minnesota cannot
afford to neglect the education of her children,
who will too soon occupy the places of their
fathers. Hence the necessity laid upon the
trustees to establish three months school in
each sub-district.
Query l6. Can five mills over and above the
two and half mills on the dollar raised by the
County, be raised by school district?
Answer. No. Only two and half mills in
addition to that raised by the County.
Query II. When sub.district officers do not
qualify, what shell be done2
Answer. A special meeting may be held for