New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1870-09-29
THE PUBLIC SCHOOL FUND.
MIR. Lacey's Opinion.

MIR. Lacey's Opinion.
ONCE State Superintendent of Public Education, )
New Orleans. September % 1870.
EDITOR REPUBLICAN:
In your issue of yesterday George s. Lacey
Esq. appears lin reply to a letter of Treas
urer Van Norden, of the City School Boardl,
with an opinion ON the question, to whom
should the apportonment of the public
school money now accruing in the State
treasury be made-tO the treasurer of the
city board, or to the treasurers of the
various ward boards! Mr.. Lacey says:
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
| clearly evident, for the following reasons
viz:
IL. To the City School Board is given abso-
lutte control over all public schools in the
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
-. This Interpretation of the revenue Sec
ton of the school act (sectiOn thirty -tve) is
necessary to give effect to every clause of
that section; legal rule for Interpretation
which no one will deny
"If the appOrtiOnmenti is to be made to the
ward boards, and not to the city board,
| what becomes of this expression in section
| thirty-tive: 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.
49, Section fifty -four provides, in toGdem
cerbis, that the City Board of School Di-
rectors in the city Of New Orleans, shall
have all the powers and perform all the
duties in reference to public schools of the
| city, and Of the distribution Of the school
| funds thereof as are conferred by the act
| upon the school boards of the several par
| ishes This clause, most surely, 4arries
| with it an appOrtiOnment and payment of
the collected tax in favor of the City School
Board.
~. 1t is very questionable, to say tho 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 sub
ordinate to the City Board.
| "The law, the nature and fitness of things,
and the interests of public education in this
city all favor this view of the case and
unhesitatingly advise you that the hppOr-
tionment 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 tire asurer
of that body"
Mr.. Lacey is lawyer, am not; and yet
l will venture the assertion, that in this
| opinion he has not added one whit ito his
reputation for legal talent but that. bn the
contrary he has detracted from the pres
tige which he has acquired.
When he claims that, ITO the City School
Board is given absolute control o9 Ter all
| public schools in the city of New Orleans,
and over all school property and that
1.-The exercise of that power imperatively
requires the city to have the funds Sd abso
lutely needed to carry the conveyed power
into effect" he claims what the law does
not warrant as now hope to prove.
In the first place, the law does not give to
the City Board absolute or any other species
of control over all school property in said
city. The only authority which tho City
Board can exercise over any school property
is that given in section sixty-three. which
relates, not to the school-hOHses, but simply
\ to "bOoks, furniture. apparatus and appen.
dages" of the schools, which ''bOOks, furni
trre, apparatus and appendages" were then
March l6 1870, in possession of other per
sons than those appointed under the pres
ent law. The only authority given III that
part of the law which relates to New Or
leans to "hold property" is given in 8 section
fifty-six, which provides, in clear terms
"That each Ward Board in the city Of New
Orleans, appointed under this act, sha ID be a
| body corporate by the name of the Ward
School District Of the city of New Orleans,
and in that name may hold property, sue
| and be sued, contract. and do other cOrpo
| rate acts"
If this means anything. it means " hat il
says. Mr.. Lacey says the City Board is
! property in the city of New Orleans. The
law says this authority is given to the Ward
Boards.
Mr.. Lacy says: ''If the apportionment is
to be made to the Ward Boards, and not to
the City Board, what becomes Of THU ex
preston in section thirty-tive: "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 twenty-One years within
the cities, etc" Why these stars Why
does Mr. Lacey not quote and publish the
words displaced by these stars!
Perhaps it will be desirable to quote the
exact wording of the law-sectiOn thirty
five: "That the Superintendent of Public
Education shall, quarterly, on the first Mon
day in March, June, September and Decem
ber in each year, appOrtiOn the funds thus
| raised among the sererai arard, district, city
| or town boards, ETC." 1t is well to note tina,
| ward and district boards are named first in
| the order of mention, and that city and
| town boards are mentioned last.
Mr.. Lacey asks what becomes of tho ex-
| preston making mention of the city and
| town boards as parties to whom appOltlon
ments are to be made! / answer that ap
| pOrtiOnments may be made to the board for
| the city of New Orleans only under Cd rtain
| circumstances.
| Section fifty-four is specific in rega ard to
| the question as to school funds i'll the Hands
of the City Board, and am astOnishcd that
/ MI Lacey has failed to see that this section
sweeps away every right to the STATE ap
portiOnment from the City Board III favor
of the ward boards, except the latter, after
a certain time, have failed to perform the
| duties incumbent npOn them.
This section says: "Said board (meanlng
the City Board) shall have all the powers
and perform all the duties in reference to
the public schools of the city, and to the
distribution of the school funds thereof,
herein conferred upon the parish boards OF
school directors for other parishes"
| Let us now see what are the powers and
duties OF Parish Boards in reference Y to
schools and schsol funds. and when VIE as
certain these, we have ascertained the
| powers and duties Of the City Board.
SECTION 81. 1.-The powers and duti les of
each parish) Board OF School Dired tors,
hereinbefore provided for, shall be al fol
| lows:
| "First. To elect from among their d lem-
bers a president. secretary and treasurer.
| "The treasurer shall give bonds ih an
amount not less than five thousand doll lars,
| to he apprOyed by the parish or district