New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-11-22
THE SCHOOL CASES.

Judge Dibble. of the Eighth Distric,
Court, yesterday delivered the following de.
cision:
There are four several cases depending III
this court, and now to be decided, involving
the same question in relation TO the admin
istration Of the public schools in New Or
leans.
w. Van Norden, Treasurer OF the City
Board Of School Directors, presented petit
tons for wits of Injunction and mandamus
against Thomas w. Conway, State Supelin-
tendent of Education, to restrain him from
apportioning some fifty thousand dollars OF
the State educational fund to the ward
boards OF school directors in New Orleans,
and to compel said Superintendent to appor-
ton said funds to said city board of di.
Fectors:
Subsequently, the State Superintendent
instituted suit, and prays' for an injunction
against the City Board of School Directors
to prevent them from carrying out certain
resolutions looking to the opening and con
troll of the schools by that board. He rep
resents that the constitution charges him
with the general supervision of the public
schools, and that the act to regulate public
education makes it his special duty to see
that the school system is carried into effect
He AYERS that the city board is acting in
violation of law and contrary TO his opinion
ing the resolutions complained OF. and in
attempting to put them into execution.
The Third Ward School District, claiming
| to be a corporation created by the school
| law, brings action through the president OF
| the ward board and district, with the view
to determine the same issue presented in
| the case Of the State Superintendent
against the city board.
In these four cases several technical ques'
- eAI Hv,A r,,xrIS ut Nov Non
| den to stand in Judgment, for instance. II
| is not necessary to decide them, for if one
case went off upon such side issue, an
! other would prevent the main question
which il, whether the City Board of School
Directors or the ward boards have the pri
| mary control Of the schools9 This question
| involves the destination of the money.
This opinion will be more directly appli
cable to the injunction suit of the State SUI
perintendent against the city board, and
will be filed therein but will determine the
decision of the other causes.
1t will not be necessary to further notice
| the pleadings. The points insisted upon
will appear in considering the law whose
construction is made necessary by this liti-
| cation.
These cases have been carefully prepared
| and ably argued by counsel. l have en-
deavored to give the subject that considers
ton which Its importance warrants anu ue
| mands
The act to regulate public education, etc.
| approved March 16, 1870, devises a system
| and provides for the support and control OF
! free public schools throughout the entire
! State. The machinery is somewhat com
| pick, and the details are, in most respects
minute The State is divided into divisions
| and division superintendent is provided
for each. These superintendents constr
| tute State board Of education. over which
the State Superintendent presides. He is
| by the constitution and the law, made re
sponsible for, and given general supervisor
over the whole system. tArticle l3'
| constitution, and section fourteen O.
the law, For each parish in tht
| State, except Orleans and Jefferson
| the State board are directed to appoint {
| parish board Of directors, consisting of five
or mere persons. tSection 49, Provision
is made for the organization and govern
| ment of such parish boards, and they are
required to appoint for each ward school
| district in their parishes q board OF three
district school directors, to advise with sucl
| boards and to visit the schools; to make re
| port to the state board of any neglect upOl
| the part of school officers, to receive from
| the State Tax Collector the proceeds of an,
parish school tax, and to apportion thu
same among the several ward school dis
tricts. lSections Is and 2l.| Section2 % de
clares that each jury ward or other ward il
the State, which may have been or may b.
organized, shall be a school district. and
made body corporate for school purposes
| The district boards required TO be appointed
as aforesaid are directed to organize b,
election of officers; the duties of such officer
are specifically set forth.
The district boards have authority to cal
district meetings in order to levy schoO
taxes; to build school-houses; employ ant
discharge teachers; admit pupils; determin
time of opening and closing schools; decid
what branches shall be taught and wha
books shall be used, and in general to exer
else primary control and supervision owe
| the schools within the school districts. (SeC
tons twenty three, twenty-four, twenty five
twenty seven.) The law further provide
that for every incorporated town or city il
the State, other than New Orleans, the Stat
Board of Education shall appoint boar
of directors, who shall have the same power
and duties as the district boards. There
special provision made for school govern
ment in the parish Of jefferson and in tn
late town Of Agiers- provisions looking t
] the probable consolidation with the city Q