The Morning herald., 1877-06-20
Del. Jun+ soth 1877.
NOTICE. TO SUBscRlBERs-Those of OH
subscr,bers who are indebted to the MORN
ING tBERALD, wall oblige by an early re
mitsance.
4 HE nOARD OF EDUCA
bhs 1 sOW EMS,

THE nOARD OF EDUCArlON-1T
hh4 sOWEkS.
An exceedingly interesting question
occupying the attention Of the Board
Education, as o its powers to borrow mi
nsy. to paw the chool teachers, the sa's
ri.s ,,ox due to them.
There spp-srs to be little doubt as to tn
power Of the Board to borrow money, a
directed BY the res luton of Mr.. Price
The construction of the Act Of Assem-
bly which regulates the question, must h
ga.herel:: from the intent Of the Law
maker. What did our Dover Statesmen
mean by the following section?
..rhe said Board shall have no powe,
or authority 10 borrow money or contraci
or create any debt or liability except ordi.
nary debts aud liabilities incurred 10 exc.
cuting The duties imposed ON them by law
to be paid out of the said appropriation,
(1ear'ng the annual appropriation by
Council aud The receipts of the year for
the time then current, and il the said debts
and liabilities shall not be so paid, the
same shal, bind personally those members
of said Board who shall have voted in the
affirmative, when the order or proceeding
under which the debt or liability arose wa
passed, or haa making them jointly and
severely responsible therefore"
1t Ia proper to remark, that the implied
directions Of the Act were violated by the
Board, in adopting Mr.. Prices resolution
without calling the yeas or nays, the per.
sonui liability cast on the members under
certain circumstances, clearly require that
the yeas and nays be called, and the record
made up for the information and safety Of
the lender. Evidence of the vote of mem
bers could be had blythe testimony of those
present, whcih, if the proof was sufficient,
would fix the responsibility without the
record. But the passage of the resolution
in the way it was done, is censurable.
If the Board has already spent 'the en-.
tire receipts Of the year then now cur
rent" they have clearly no authority to
borrow in anticipation, of next years ap-
preparation. The only reasen that could
possibly be operating upon the legislator
when making the law, was to enable the
Board, in case Of the temporary failure or
neglect OF Council, TO pay the whole or
any part of the current appropriation, to
borrow for The purposes Of the duty cas-,
upon them. Under this view of the case
Ehe functions Of the Board are in allowance
II the current appropriation is spent. The
law will hold members borrowing money
10 stric, accountability, and iu case Of
allure TO make up the record of yeas and
'ays, on a resolution to borrow, all would
'e held asserting, and alike share the
There can hardly he a doubt of the
power Of the Board 10 borrow money 10
'ay ordinary debts or liability incprred
n exre"'i"g the duties imposed upon them
" law; chargeaole to current appronri,
''lon' or one moi already spent
he whole case may be summarized in
sentence.
The law allows the Board to borrow
money on account of an appropriation
aade; but forbids the exercise of suct
oWer IN anticipation of an appronr;,.
on, or such an allowance rs the BOARD i.
n.itled to.
The law, like most Of those passed
le last session Of the Legislature, il mon.
ment OF the want of the first REQUISITE o.
Nv making in our ltgisators-the abii;t,
put On paper what 'hey mean when Law
liking. Some dav or other the Stat. g
wilmington will, be smart tor this want q,