Ottumwa weekly courier. (Ottumwa, Wapello County, Iowa) 1872-1899, 1873-08-21
WHAT CONs11fUrrs A DONATION
I'D THE SCHOOL FUND,

A very intelligent writer in the VIM
ION Eagle reviews the several opinions
;.iven by the Attorney General, Super
.ntendent of Instruction, and District
Attorney to the Auditor of Marion
county, as to whether the Board of SUI
pervisors had the right to order the
return OF donation to the School
Fund. He says IL il noticeable that
the superintendent alone declares, in
substance, that the right of any one to
make and to compel the acceptance Of
q donation to the School Fund, can not
be questioned. The Distric, Attorney
cautiously premises his opinion, by the
statement that the resolution of the
3oard spres0nest the money was to the
credit ofthe TEMPORARY School Fund.-
and so not Discus whether il was so
in fact, but takesit for granted upon
the language ofithe resolution. The
Attorney Generfl also, apparently for
The same reason, assumes that the
money donated had become part
and parcel of fhc common fund.-
Starting with tbs premise, no one will
dispute the conclusion reached in the
opinions, for tic only question they
decide, is. whether Board Of Super
visors can dispose of the Temporary
School Fund in any other way than is
provided by law
But is IL true. aE the Superintendent
virtually declares that money forwar-
ded to county auditor as gift to the
school fund, becomes ipso facto, with
out further action, part Of that fund
Sec. 1863, Rev. 1850, declares and clas-
SITES what are sslo be and remain tenn
porary funds for common school pur-
poses." But no torture of language
can find reference to donations among
the classes enumerated. It is famil-
lar doctrine of law that donation is
neuer perfected until it has been accept
ed" by the proper anthority--Rouv.
Law Die. In other words, gifts are
put upon the basis of ordinary con-
tracts and cannot be complete without
the assent of both donor and donee.--
There are obvious reasons for this
rule; for if the school fund must re-
ceive all money which any one may
choose to bestow, it can make no dis.
elimination. If it must receive all
money, why not anything and every.
thing else which any one may offer 1t
But lift be unqualifiedly true that there
is no discretionary power anywhere
to scrutinize donations before final &C.
| ceptance, then it is in the power OF any
we'll meaning or i'll meaping person, to
annex to his donation any sort of con.
dition, not entirely inconsistent with
the gift, and by the nature or manner
| OF it. to involve the school fund in EN-.
barrassment to an indefinite EXTENT
| There must be Apower somewhere tc
decide upon the acceptance of dona.
ti0ns, or if there is no power, then i,
must follow upon the doctrine above
stated, that any attemptek donation II
void, and the title to tho gift does not
pass for want Of acceptance, and fol
the protection of the fund, it must be
held that by thu enumeration of certain
classes of revenue, the legislature ex'
cludcd every other, donation as we'll
But there seems to be no defect o.
l power 70 pass upon and &c
cept or refuse donations. The severa
Boards of Supervisors are the financia
agents of the school funds of their re
spectlve counties, and "have the care
and management OF the business of thu
county, in all cases where no othel
shall be made" Art. 8, Div. 2, Sector
6, Const., and Rev. 1860. Sec. 3I2 Sub
div's Ii and IL. These provision
seem to confer the power upon tn,
Boards, and it can not be considered
that the auditor by any unauthorized
act. such as turning over gift to til,
county treasurer, can forestall or Gu
off the right and duty of the Board Il
pass upon the offered gift. The audi
tor would have just as much power t,
bind on his own responsibility for an
other addition to the court house. TIL
question next arises, what is the natnr
of this power vested in Supervisors
When passing upon such q question
the Board is adeliberative body actin
under parliamentary rules, and exerci
\ .anss = discretion ather leaialA4ix~-.iA aA,
Juutciai IN us hatnrr; u discretion o
the kind which is precious part of GU
system Of local self-government, be
cause for the abuse Of it the member
OF the Board are directly responsible
to their constituents at the polls.
From this it will be seen that dons
tiOns cannot become a part of tn
school fund until they are accepted b
the final action Of the Board of Super
visors, and hence any proposed dona
ton that may have been passed unau
thorized by the Board of Supervisor
by county auditor into the hands o
the county treasurer, does not becom
q part of the school fund, and may b
ordered returned to the donor by til
Board OF Supervisors. The question
whether the Board should accept o
decline a donation is one of publ
policy or public morals rather than
1question OF law, to be determined b,
the Board upon the character of TIL
donation