Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1867-09-05
For Tho Republican.
For Ina KepuD Ilcan
STATE TATE C OF IOWA !
Appeal Of N. B. Cooper

In April 1867 F. II. Ramsdell and others
petitioned the Board Of Directors Of said Dis.
trict Township TO call a special meeting te
take into consideration a change in the bound.
airy lines Of sub-distriets Nos. 5 and 7 as
prayed by said petitioners; and in case such
change should be effected to also locate a site
for a school house in sub-district No. 5.
The special meeting asked for was held and
action taken upon the matter of change in
boundary lines. A majority Of the members
present voting in favor Of said change, the
President Of the Board decided the motion
carried and the record was made accordingly.
| At the same meeting another vote was pass
ed locaung a new school house site in SUBJ
district No. 5. From both these decisions an
appeal was taken to the undersigned.
Though a majority of the members present
at the meeting referred to above voted in ia
vor Of the proposed change, yet the change
was not effected, because Section 81 Chapter
] of the School Laws provides that when a
change in the boundaries of sub-districts is
made by the Board, said change must receive
the sanction of a majority Of all the members
OF the Board.
The motion to dismiss the case on the
grounds that the county Superb ntendent had
no jurisdiction, because there was no change
affected by the Board and therefore no action
to appeal from was not sustained. The law
provides that any person aggrieyed by any
decision or order Of the Board may appeal.
The record of the Board shows that a motion
was made to change certain boundaries, and
that the Board acted upon that motion, and
whether the motion was lost or sustained the
result was certainly a decision of the Board
This action of the Board therefore was proper
ground for an appeal provided any one was
aggrieved thereby.
The territory comprising the two sub-dis.
tricts in question, is composed in part of the
two west tiers of sections in the district town.
ship, being six miles in length and from one
and a half to two miles in width The Iowa
river extending through the northern part,
leave the inhabited portion but q triae over four
and one half miles in length. Richland creek
which is shown to be impossible a consider,
able portion of the time, divides this inhabit-
ed territory nearly into two equal parts.
The testimony adduced at the trial, shows
that there are about seventy persons of school
age north and forty south Of said creek that
Mr.. Brown and Mr.. Cooper both living north
of the creek are further from the new site
than any other family north Of the creek, each
Of them being one and three fourth miles dis
tant.
It is claimed on the part of the appellant,
that if sub-district No. 5 be enlarged so as to
extend south to the creek, and the site remain
as fixed by the Board, the distance he will be
from the school house will be go great as to
deprive him Of sending to school.
This is more in Imagination than in reality
It may be somewhat inconvenient to be situa-
ted one and three fourth miles from school,
but it is impossible for any district township
to be SO sub-divided as to bring every family
within even that distance of school.
It is certainly better that the territory in
question comprise but two sub-districts with
good school houses well furnished, than three
small ones with small and poorly furnished
school houses.
The members of the Board in their attempt
to make the said creek the division line be-
tween the two sub-districts, as also their &C.
ton in fixing the site in sub-district No. s,
acted in accordance with the interests Of the
localities in question. Their action therefore
in fixing the site is sustained, and the bound
airy line between sub-districts Nos. 5 and Z is
hereby changed to the quarter 5 ection line one
fourth Of q mile north of the section line be-
tween sections 16 and 20 and 90 and so, this
being as nearly as practicable the line Of said
creek.
T. L. Downs,
County Superintendent.