White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1867-04-18

At the request OF the people OF this ana
School Districts. we wrote
the State Superintendent of Public In
struction for his opinions and intsrpreta.
ton of the laws upon csrtsin points
which had arisen in these Districts. and
received the following reply. His sn-
swers are clear. and to the point: and
we print them. for the information Of
the public:-
OFYcE Surf PUB. INSTRUCTIONS.
ToPEKA, April 9th, 1861.
Ma. Sol. MILLER-Dear Si,:-Yours ofthe
Sd inst. is before me, and contents noted. l
shall first state what consider the substance
of your inquiries. and then give my opinion.
Inquiry lst. Has District Board the right
to pledge the credit of a District for maps,
globes and furniture, when no tax has been
levied for that purposef
Reply. The law makes it the prerogative of
the poters of District, if they see it, sAlevy
a special tax for the purchase of maps. globes,
furniture, &c. The District Board, therefore.
should not incur an Indebtedness, BY the pull
chase of articles for the payment Of which the
District has made no provision.
Inquiry I'd. If District Board gives the
note of the District for the payment of maps.
globes and furniture, when 60 tax has been
levied for such object, is the District bound BY
that obligation to pay the amount when duet
Reply. The officers of School District are
the agents of the District, for the transaction
Of business; and District is bound BY the ac-
ton of its officers, or agents. The officers,
however, are answerable to the District for the
right discharge of duty.
Inquiry Sd. Is it lawful to pay notes given
for maps and furniture, out of money raised for
the payment of teachers wages7
Reply. The statutes (page 43 of school laws)
provide for the levy of special tax for special
purposes. The law evidently coutemplates
that the proceeds arising from these different
levies, shall constitute separate and distinct
funds. In cases Of emergency, however, my
opinion is that the poters of a District may au-
thorize the Board to borrow from one fund for
the payment of bills against the other fund,
such loan to be replaced at future time.
Such diversion, for the time being, may be in
extreme cases allowable; but the District Board
voters of the District. The separate funds are
entrusted to the officers, to be applied accord
ing to, and not contrary to, the expressed vote
of those creating those separate funds.
Inquiry 4th. How often isa County Treas
urer required to pay over money due the Dis
trict to the Treasurer of the District Is it
only on the lst Of February and July, or is 1t
whenever the District calls for it2
Reply. Whenever, during Office hours, .
District Treasurer presents q proper order to
the County Treasurer, it is the duty of the
County Treasurer to pay over all the funds in
his possession due the District and called for
by the order. BY refusing to do this, at any
time, the County Treasurer subjects himself to
a penalty. See School Laws, pp. 80 and IS.
Inquiry 5th. Can County Treasurer legal
ly retain from the money due School DIS.
trict, the amount Of notes against District,
either purchased by him or placed ia his hands
for collection7
Reply. A School District is a body corpo-
rate. It can sue or be sued; and creditors
must look to the District, and not to County
officer, for their pay. A County Treasurer has
no legal right to cancel the floating debts of
ahon vr.f in
session, due that District. The school funds,
State and County, and all proceeds from taxa
tiou, are entrusted to the County Treasurer, to
be paid over to the District Treasurer, on the
presentation Of the proper orders of the Dis
trict. or the County Superintendent. All that
the County Treasurer is allowed to retain, is
the per cent. allowed him by law. The ''hOle,
and not part, of the remainder is to be paid
to the District Treasurer. By refusing thus
t. pay over, the County Treasurer subjects
himself to penalty. See pages 80 and IS of
School Laws.
Inquiry 9Th. Can several School Districts
legally unite for the purpose of establishing q
separate echool, in some central location, for
colored childrenl
Reply. The school law provides that the in
habitants qualified to vote at school meeting
lawfully assembled, shall have power "to make
such order as they may deem proper for the
education of white and colored children sepa-
rately or others Use, securing to them equal ed
ucational advantages" This provision con-
templates separate school in the same, and
not in different Districts. The only union al
lowed by law, is union of School Districts for
the purpose Of establishing a Graded School.
If colored children are SO far educated, in sin
gle Districts, separately or otherwise, as to
need graded school in which the higher bran
ches shall be taught, then Districts may unite
for the establishment of such graded school.
But District, which unites with other Dis
tricts to establish primary school for colored
children, or simply common school, outside
Of the District, thus compelling colored chill
dren to travel twice or three times as far as
white children, and often rendering it imprac-
ticable, on account of distance or state of the
roads, for colored children to attend regularly,
or even at all, does hot secure to such colored
children equal educational advantages; vio-
lates the law of the State; does not maintain
. common school, !. e. . school which secures
to all children of school ages. within the Dis
tricf, free and equal educational advantages;
and consequently the District is not entitled to
an apportionment of the public school funds.
l send you herewith a copy Of the laws per-
tainining to schools. Hoping that the above
views may meet the approval and common