Ellsworth American. [volume] (Ellsworth, Me.) 1855-current, 1872-05-09
Opinion Of the City Solicitor uthe
Question
Has the City Comncii power TO raiSry
for the Maintenance and support o(y
High Acho0lsf'
TO TIE CITY COUNCIL

Mayor and City Council have thelin-
istraiion of all the fiscal, prudeniui
municipal affairs of the City. buahe
proriSo in that section the City Cd Is
restricted in the raising of money. bse
objects and purposes tor which thelcr
town of Ellsworth was authoritative
money except in special cases nh in 4
the Charter. The Charter cont, no I
provision in regard to schools. hethc 4
authority Of the City Council In tlar- /
ticnlar, i, precisely the same ast uf !
inhabitants of towns. in town inc.
| neither more nor less
Have towns The power 10 raissnry
FOR tho maintenance. anI support own
high school?
II j. undoubtedly correct piplc.
aud one important to be adhcre.lthat
towns are corporations of limited Ter.
that they cannot vote and asses .uey
| upon the inhabitants indScriminau but
must he confined to the c>tahli>hedNers
OF towns rs settled by positive enatent.
or hi we'll defined and ancienthgc.
Ancient usage would be a much ahrce
! Of authority n the written Stat, for
ancient usage j. the very foundation the
| Common Law. 1t may no. be a 10
/ exactly define what are the po,s Of
towns. or to state with precision wlr,ct,
are within or without thcii scope. der
| cnt powers would be construed lfalIy
or strictly. according to their clnctcr
aud antiquity. \ new power. iuron-
| ierrcd hy statute. like the power taAc
/ stock in "A railroad on manufacturis.on-
/ rany. would undoubtedly be cotrued
with great strictne>S. u, such aIsrr /,
not essential to society. nor the aniri-
pality.
The power To raise money for >ool>,
! however. i of very ancient origin II i,
familiar history that anon. the fir~egi,.
lativc acts Of the Colonl-t. of plynutll
and Massachusetts Bay were th. Ia
provide by law for public schoolA ia,
towns. A. early a. 1917. two hnudi aud
twenty-five wears ago. ana ONLY trnt,.
seven wears after the landing on Plnoutl
Rock. an act was passed obliging,wu
OF iiny households 10 appoint hoo
master" From the earliest colonjalitur.
the burden aud control of these I,onr
were imposed upon the towns. NJ tn,
towns assnmedth management Of thu
The first Constitution OF Ma>>achse,r.
recognized the necessity of public 'etrrc
ton and made 1t obligatory upon To Leg
stature to cherish public ,rho,, au,
grammar school, III M fotra< Thf
language Indicate, that towns mar NJ,
Province Laws. had supported aud mana
@ed public schools The first uruc,l a,
OF the ; ate Legislature. under ili, (on,,
tuition. defining the powers and dair, :
towns. the art of March 70. l.>f. eart.
that towns may grant and ,u-. sue
sum or sums of money u, they shall ind.
necessary for the settlement. maintenance,
and support Of the Ministry. >choa, 81.
Ia" amount of money and the ainl ,
school, were lcil entirely 10 the tt.,rctio
Of The towns. just a, they had alwa,
done. l. j. what The f,tcHs iul ~ u,.e
saty. Upon the towns rest, thr dix, rc,ia,
"a. 10 the limit. or disposition Of the iaose,
l. ID" ar, of March H. l-aI. -au n
regulating town, &c. passed immediate.
M,aGIc 'h ad5 5iT3iiAiIffGgt l,S4e rs-.ial.grq
guage. The language of the pre-ri
Revised statutes, Chap. ,, Section IS. tn,
towns may raise such sums a, may 1
necessary &c" Is evidently only "A col
densatiou of the Statute of ISL II r.
peals nothing. and i 10 be construed .
meaning the same. n the former Siatut,
| think the character and antiquity
this power are suchthat Courts would giy
10 il the most liberal construction. III
word, of the statute would bear. II i .
ancient n any corporate power. and .
essential as any 10 the happiness and We
being of society. | believe the discrctio
under this Statute i, full as great As to ii
management OF schosl-, A. il il. ia rcspe,
10 the poor. highways. or any other puwe
and In these lat there seems to be no din
Guilty.
But the objection i, made. thai althoug
towns may raise a much money as tile
see lit for the support OF schools, Vet b
the variou, sections Of the llth Chapter ,
the Revised Statutes. the chapter on Elt
cation. the whole amount raised must /
applied 10 the support OF district
school>-that i. il must be divided anon
the districts. and therefore. by infcrcnc,
towns can not raise any sum for gcncr
schools for the whole town.
This objection deserve, careful L.
animation. A. have already said. ia 4
early colonial days. town, had the who
discretion. being simply required 10 IA
point a school master" As the town
and Province advanced in wealth Al
population the Legislature began to Xix Il
minimum of money, and the minimum
schools. that towns should raise aud su
port. The privilege of towns to eXcee
the minimum was not interfered wit
Amer Massachusetts became State
graually raised by various statues Il
minimum of what Il town should do. bl
still left its powers and privileges to {
more lift chose, untouched. Town, rails,
the money and expended it in their ON
way without let or hnderauce. from II
Legislature, as 10 manner. if they on
raised the miainlum money. and kept /
the minimum schools. If they kept up Il
schools required by Statute, they were fr,
to spend the rest of their money accordI
to their own discretion.
The district system first appeared
1889. one hundred aud forty-two yea
AFTER the act of l6i7. After recitiny in
preamble THAT by reason of the dispers,
situation of the several towns &C.. Il
children and youth cannot be collected
any one place for their Instruction." Il
Statute of 1889 enacted that towns ma
divide themselves into districts for til
purpose. This Statute was simply pc
missive. and it added new powers TO tho,
already enjoyed by towns in this pariicula
Under this Statute towns arranged the
1iat riots auI unconditional ,ho:.