The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1867-03-05

more. because the law says they are ito
estimate and cause said levies to be made
and entered upon the tax duplicate the
same as could have been done upon the
estimate and certificate Of such board. !"
Now, tits s..found,iu some Of the townships
in this county, that the levy of three
mills, together with their proportion of
the State School Fund, and their proper
tion of the interest on section Is, all will
not furnish funds sufficient to maintain
schools twenty four weeks After having
levied all the law allows, what is to be
done? The present School Commissioner
and Attorney General say they are to
have none Of the State Common School
Fund.- Oh, you wise legislators You
limit The Boards of Education, you limit
tae County Commissioners, to three mills
on the dollar, and because that will not
raise funds sufficient to maintain schools
= e -
twenty -four weeks, they are to have no
part or parcel in the State fund!
But is this the lawP 1t is thought not
by some who are, perhaps, as good law
tyers as the present School Commissioner
{ Mr.. Norris) and the present Attorney
General (Mr. West.) School Commits
sioner Norris, in letter to the Auditor
of this county, dated February Is, 1867,
says:
"Your attention is respectfully called
to that provision of Section "a of the
School Law, as amended March 28, 1865,
relating to the forfeiture of the School
Funds arising from the State levy. The
Attorney General has decided that the
Clerks return Of the average number of
weeks schools were in session, is to be
taken as prima- facie evidence of the facts
in the case. IF, therefore, the report of
the Board of Education of any particular
Township or seperate School District, In
!, our county, as made by the Clerk Of such
Board, shows that the schools therein
were not sustained on an average twenty
four weeks during the schooly year ending
August 81, 1866, the presumption is. in
the, absence of evidence to the contrary,
that the provision of the law alluded to
has been violated, and the school funds
arising from the State levy, are to be
soithheld from such township, or seperate
school district, for the current year.
..1f upon Investigation Of the facts,
it be found that the report of the Clerk
was erroneous, and that the schools were
sustained on an average the length of
time required, or that the board of edu-
cation had "made the necessary provis-
ions for conuining the schools" in oper-
alton the time required, but the failure
was caused by circumstances beyond the
control Of the board, then in either case
the funds evidently ought not to be with
held. But if after,a full aud fair inyes-
tigation of the facts, you should
find that in any particular case, the. board
had willfully or negligently failed to
discharge their duty in this respect, as
the law requires. you are hereby advised
that in such cases, you cannot authorize
the Disbursement of the school funds
arising from .he State levy to such town
ship or seperate school district, aoithout
becoming personally liable for the funds
thus illegally disbursed But since this
is the first year in which the provision Of
the law alluded to, has become operative,
permission is asked to suggest, that the
law should be literally construed, and
mildly executed"
The School Commissioner evidently
desires to throw the responsibility of the
inconsistency of these laws from the
shoulders of himself and his co-workers,
the Abolition Legislature, to or upon the
shoulders of the Auditors of the several
counties. He says to the Auditor, You
cannot authorize the disbursement Of the
School Funds without becoming person
ally liable for the funds thus illegally
disbursed. As a matter Of course the
Auditor Of the county,if he is to bs held
personally liable by the School Commits.
sioner, or any other authority, does moi
feel at liberty to pay over the funds fol
which the Commissioner says he is per,
L.
sonal!y liable. unless he has the law or
his side.
The law. above quoted, says if three
mills are insufficient the Boards of Edu
cation may call special meetings Of th'
lq1alifed electors of the school distric
over which they have Jurisdiction, VIII
lshall decide by vote the question whethe
lsueh greater tax (than three mills) shal
lbe levied. Now suppose Board Of Ed
ucation Gas has been done in this county,
submits this question to the voters ant
3Ithey decide that the Board shd5lnes lev,
more than three mills, what can the Boart
ldo? The answer, according to the Law
Iabove quoted, is simply nothing.
BUTT would appear from the decision
|of the Commissioners that the TOWNSHIP
failing to maintain schools for twenty
flour weeks do forfeit their proportion o
i the2State Fund. In this connection W
desire to ask our wise Legislators, Alter
Eney General and School Commissioner
how much the Boards Of Education ca