Clearfield Republican. [volume] (Clearfield, Pa.) 1851-1937, 1868-07-02

1onx FIrrire No. 22f Of August
Va Term, l6oo.
|A.sr. elossuarssra. Case stated.
(Nra. This case presents a single
uosfion Can the school directors
s<ra tax for the purchase Of school
|oo1s, 10 be used in the common schools
I <ho district I
herc is no power to assess aud col
n <axes in Pennsylvania, unless con-
IIrtd by act Of Assembly; and the
utjects of taxation, and the objects
b Which it is TO be imposed, are gen
r1||y designated in the statute. The
|tEislature has from time TO time
a<efully defined the powers and du-
ia Of the school boards, and if the
1fchase Of books is a part thereof,
The directors are authorized TO pro-
urd Them for the use of common
chools, they must possess the power
o pay for them out of the common
ohoQl fund. Ii they have no power
o buy, they cannot levy a tax topay
)r ~ unauthorized purchase.
Itc school directors are required to
stAb|ish a sufficient number of schools
|ithIn their districts TO educate all OF
be ohildren therein, between certain
xes who shall apply for admission.
N oi[ect this they are authorized to
ont or build a sufficient number OF
uita5Ie school house to purchase or
on1 ground for that purpose to levy
tax BOT exceeding certain per CEN
age o. the county and State assess
,en5s for the erection of houses TO
orrpv money at not exceeding
crtain per centage on the valuation
{ property for such purpose to de-
ermIne the amount of taxes required
keep up the common schools with
. the year; and 10 levy a tax TO eff
sct the same, not exceeding the
mount of State and county taxes au-
horixed by law to purchase all the
ecoesary furniture and fixtures for
be schools, and to supply proper fuel.
hey IRE also to select and employ
aitable teachers, direct what branches
{ flenrning shall be taught, what books
ball be used, and decide upon a series
{ school books in the different bran
hes TO be taught during the ensuing
;ho0l year, that no member of the
oard, or other person connected with
be common schools, can be interested
, the furnishing of books, stationery
+ olher supplies for the school or re-
eire any compensation 10 promote
htir sale.
Under the power to provide the
proper conueniences, for the school
oues, the board has full authority to
rocore not only the proper seats,
esks, stoves, and other apparatus TO
rake the scholars and teachers COM
)rtable, but also those articles used
y all, and necessary for public in
Irnction, such as black boards, maps,
harIs, globes, large dictionary, &C.,
|tended for the benefit of the whole
,hool But can the directors obtain
10 school books and stationery tor
D 6eholars, and assess aud collect
|xos from theproperty of the district
p4y for them, or make payment
u of the school fund.- That they
~ levy no tax for THE special pur-
ose Is very clear, as the objects for
'hioh the. same may be laid is care
lIly specified, with the highest
mount for each object. IL is said
! the directions furnished by the
(eto Superintendent at No. 227, in
nuincrating the purposes Of expen-
iturt. after correctly stating them
cnerslly, and "books for indigeut
hiIdxen." We can find no warrant
any act of Assembly now in force to
ae<ain this item. Under the law as
stood prior to the introduction of
be Keneral school system, the com
Of the county were re,
uircd TO pay for the education of in
ix<nt children, including the neces-
Try books and stationery for their
se ont of the public treasury, but
hAt Iaw has long since been supplied,
nd ii not in terms, is repealed by i'm
Iic4<ion. But if in force il must be
'lIowed; the requisite proof laid be
)rt the county commissioners, and
10 oounty at large, and not the
,hopl district, pays the expense.
oasihly the item may be sanctioned
y some statue, but il so il has esca-
cd oor observation. The tax now
rouxht in question is not levied for
10 benetit OF the INDECENT, but TO pro
nrc Books Of certain description for
Il the scholars Of the district. 1t
'ould seem TO bo a separate tax 20
urchase books. There is certainly
0 express power of that character
Dnterred on the school board, nor
an Il exist by implication. 1t might
Q suIicient for this court to determine
hs( here is no authority either to
IL d tax either for the separate pur-
osc Qf purchasing books, or to pay
,r them out of the funds lawfully
missed for the support of the schools,
'ithopt looking TO the question of
It may, perhaps, be
aieIy conceded that in constituting a
ysleu Of laws, public expediency, or
roat iDccnvenience, may be consid.
red ~ their Interpretation. so as 10
void The one and promote the other.
'ot IN comforting the power on the
rbooI directors TO purchase all thu
ooxs required in the district, we
r>fotrden the system, already com
iatncj Of as the highest and most
nerpes TAX paid by the people Sound
oiicy requires that this tax shall not
q increased.
Parent should feel some portion of
he Tcight of educating their own
h''dfto, aud can generally, with We
. |It|@ nverfion pbtain tho necQesary