New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-28
THE PUBLIC SCHOOL FUND.
An Important Legal Opinion.

NEW ORLEANS, september u, 1870.
George S. Lacey, ESQ, attorney at law:
DEAR SIR-There having been some dis
cussion in regard to the construction of tine
law as to the various duties Of the CITY
Board and the several ward boards of the
the following inquiry, and solicit your opin-
ion on the same.
To whom should the apportiOnment of
public school money, now under the control
of the State Superintendent, be made-to the
Treasurer Of the City Board, or to the treas
urers of the various ward boards!
Very W ,Fu7E; Van soRpEs.
Treasurer Board School Directors, New
Orleans.
New ORLEANS, September g. 1870
". Van Norden, Treasurer:
DEAR SIR-In reply to your appreciated
favor of this instant, l have to say, the
system of public schools inaugurated by an
act of the Legislature of this State entitled
an act to regulate public education in the
State of Louisiana and city of New Orleans.
and to raise revenue for that purpose"
approved March l6, 1870, by the provisions
OF that statute is sought to be carried into
practical operation, through the instrument
tality of several distinct and separate
boards, each board having assigned to it
well defined responsibility, duties and
rights There are the State Board of Educa-
ton: the Parish Boards: the Ward or Dis
trict Boards, and the City or Town Boards.
The legislative requirement in reference
to an apportionment to those boards, is
found in section thirty-five Of the school
act wherein it is provided that the Super
intendent of Public Education shall quar-
terly-on the first Monday in March, June
September and December in each year
appOrtiOn the funds raised through the tax
provided for in section thirty -four, among
the several ward or district, city and town
school boards of the State according to the
number of children between the ages of six
and twenty-One years within the city, town
or ward districts, for which the respective
boards have been appointed; and in my
opinion, the will OF the law-maker is
clearly expressed in that section. In
connection with an apportionment the State
and parish boards are entirely ignored
and an allotment OF the public school fund.
in the hands OF the State Treasurer. is re-
Quired to be made to the ward or district,
town OF city boards. viz: to each ward or
district board. outside of city or town,
and to city and town boards, without refer
ence to wards.
That the apportiOnment should be made
in favor of the City Board of the city of
New Orleans, in opposition to the boards of
the several wards in the city. and that pay
ment of the collected tax shOuld be made
by the State Treasurer to the Treasurer of
the City Board, and not to the treasurers of
the several boards in the various wards. is
clearly evident. for the following reasons
viz:
To the CITY School Board is given ahso-
city of New Orleans, and over all school
property: and the exercise of that power
imperatively requires the city to have the
funds so absolutely needed to carry the con-
veyed power into effect. What power could
be exercised over the public schools, and
school property without means!
.. This Interpretation OF the revenue see
ton of the school act tsection thirty-tive) is
necessary to give effect to every clause of
that section: legal rule for Interpretation
which no one will deny.
If the apportionment is to be made to the
ward boards. and not to the city board
what becomes of this expression i'll section
thirty-tve s. In each year appOrtiOn the
funds thus raised among the several
city boards OF the State, according to the
number of children between six and twen-
ty-one years. within the cities. etc.
3. Section fifty-four provides. in totidem
rerbis. that the City Board of School Di-
rectors in the city of New Orleans, shall
duties in reference to public schools of the
city, and to the distribution Of The school
funds hereof, as are conferred by the act
upon the school boards of the several par
ishes. This clause, most surely, carries
with it an apportionment and payment of
the collected tax in favor of the City School
Board.
4. 1t is very questionable, to say the least
of it, that there are wards in the city of
New Orleans with equally defined limits !;
and if there are, they are made by law
subordinate to the City Board.
The law, the nature and fitness Of things,
and the interests of public education in this
city. all fay or this view of the case; and
unhesitatingly advise you that the appor-
tionlnent of the public school money, now
under the control of the State authorities,
should be made to the City School Board,
and the funds paid to you as the treasurer
of that body.
have the honor TO remain.
Your Obedient servant,
GEORGE S. LACEY.
at Law