The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-03-01
The Common School Fund.
OFFICE OF STATE COMMISSIONER OF J
CoMMoN SCHOOLS,
CoLUM3Us, o., February Is, 1867.

OFFICE OF STATE COMMISSIONER OF
CoMMoS SCHOOLS,
CoLUM3Us, o.. February Is, 1867
Geo. " Parsons, auditor Wood Comfy,
Perrysbwy, Olio
DEAR SrR Your attention is srespcctfully called
to that provision of Section "a of the School
Law, as amended March 2S, 1865, relating to the
forfeiture Of the School Funds arising from the
State levy. The Attorney General has decided that
the Clerks return Gf the average number of weeks
schools were in session, is to be taken as prima-
facie evidence of the facts in the case. If, there
fore, the report of The Board of Education of any
particular Township or separate School Districts,
in your county as made by the Clerk Of such Board,
shows that the schools there not sustained on
an average of twenty -four weeks during the
school wear ending August 81, 1866, the prcsump-
ton is, in the absence Of evidence to the contrary,
that the provision of the law alluded to has been
violated, and that the school funds arising from
the State levy, are to be withheld from such town
ship, or separate school district, for the current
year.
1t is respectfully sugrestnd however, that be-
fore declaring such forfeiture, and proceeding to
apporiiun the iunds thus forfatel to other town.
ships and separate sch, o. districts MS the law re-
quiges that b. th equity aui the best interests of the
schools Il naud that your decision should be gov
eruet by the facts in each particular case, rather
than by tho returns made by the Clerks. To this
end it would seem proper that each board of edu-
cation intero itcd shuul Ge nJt. of the probable
forfeiture, AMI uppWt ttniy given them 10 show
cause why the funls sLoul not be withheld, as
the law provides.
If upon investigations Of the facts, It be found
that the report of the Clerk was erroneous, and
that the schons were sustained ON an average the
length of time req uircd, thai the board of edu-
cation had "made the necessary provisions for
continuing the schools in operation the time re-
quired, but the failure was caused by circumstan-
ces beyond the control of the board then in
either case the funds evidently ought not to be
withheld. But after u full and fair investigation
of the facts, you should find that in any particular
case, the board had willtuy or negligenty failed
to discharge their duty in this respect the law
! requires you are hereby advised that in such
| cases, you cannot authorize the disbursement o
the school funds arising from the State levy Il
such township or separate school district, without
| becoming personally liable for tie funds thus H.
| legally dsbursed But since this is the first yeal
in which the provision of the law alluded to, has
become operative, permission is asked to suggest
that the law should be literally construed, anC
! mildly executed.
From the following townships originally report
| ed by you, in your Annual Returns, dated Novcm
Der 8, 1865, rs having failed to sustain thci
| schools, on an average twenty four weeks, during
the school year ending August 81, 1866, amende,
returns have been received at this office, setting
! forth that the returns, as made to you by tn
clerks, were erroneous, and that the provisions o
| the law have not been violated