The Weekly Perrysburg journal. [volume] (Perrysburg, O. [Ohio]) 1861-1???, 1867-02-22
The COmmon School Fund.
OFFIcE or STATE COMMISSIONER OF
COMMON SCHOOLS,
EnY n

OFFIcE or STATE COMMISSIONER OIL
COMMON SCHOOLS,
COLuNuUs, o., February Is, 1857.
Geo. ". PorsoRs, auditor Wood County,
PerrysbUry, Ono
DEAR SR: Your attention Is respectfully called
to that provision Of Section "a Of the School
Law, as amended March %, lS65 relating g. the
forfeiture Of the School Funds arising from the
State levy. Tho Attorney General has decided that
the Clerks return Of the average lumber of weeks
schools were In sessCn, Is TO be taken as prima.
facie evidence Of the facts In the case IT, 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 were not sustained on
an average ot twcntyfour weeks during the
school year ending August 81, 1896, the presump-
tion 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 sohOol district, for the current
year.
II is respectfully suggested however, that be-
fore declaring such forfeiture, and proceeding 70
apportion the funds thus forfeited to other town
ships and separate school districts as the law re-
quires that both equity and the best interests Of the
schools demand, that your decision should DO gov
ernod by the facts in each particular case rather
than by the returns made by the Clerks. To this
end it would seem proper that each board of edu-
cation intare ited should he notified of the probable
ioE'Shhtct huu opportunity given them 10 snow
cause why the funds should not be withheld, as
the law provides.
IL upon investigation ot the facts, Il be found
that the report Of the Clerk was erroneous, and
that the schools were sustained on an average the
length Of time REQ uircd, or that the board Of cdu-
cation had "made the necessary provisions for
Continuing tho schools in operation tho time ro
quired, but the failure was caused by oircumstan-
! ccs beyond the control of the board, then ia
either case the funds evidently ought not to be
withheld. But after full aud fair Investigation
OF the facts, you should I'm that in any particular
case, the board had wilMlly or ncgligently failed
10 discharge their duty in this respect as the law
requires, you are hereby advised that 10 such
cases, you canno, authorize the disbursement OF
the school funds arising from the State levy Ia
such township or separate schooi district, without
becoming personally liable for the funds thus II,
legally disbursed But since this is tho first yeaI
in which the provision Of the law alluded 10, has
become operative, permission Is asked TO suggest
that the law should be literally construed, anS
mildly executed.
From the following townships, originally report.
| ed by you, In your Annual Rcmrns dated Nuvem
Der S, 1866, AS having failed to sustain thei
schools, on an average twenty. fur weeks, durinl
the schoh year ending August 81, 1885, amended
returns have beeu received at this office, settinI
forth that the returns, as made TO YOU by th'
clerks, were erroneous, and that the provisions o
4 the Law have not been violated