The Morning herald., 1877-06-26
BOARD OF EDUCATION,

'or the amount. COMMITTEES fil9
ported that I'll, 200 had been fee
bonds, and would be paid over aSs
the ordinance passes, and the-ordc5
The balance Of the bonds sold. r.
ions Of the attorneys on borrowIs1
being called for, The follow corr
ence was read !: MI II.
MEssRs. DUPoNr 4 spRuANos sa d Sa 'S|.||
| GENTS What the CommittessS
know at present in regard to tie p1yl
ter Of last winter Is this:
1st. Have the School Board or thelJ
Committee the right to borrow moi
meet coatracts or debts incurred un31
charter--such borrowed money td
turned or paid out Of said years ay
ations 81
I'd. Is the Council bound BY tho ps6
of said charter to give us 5000 M
stated ~ basis in future years Ik
the amount to be paid at any palf
time or at the option Of Council
Sd. Have the City Council tho M
offer the t50, 900 Bonds provided fol
par. We, the Board loosing the dif6
Yours respectfully, :ss II q
4 & SAML. A. PRICE, Jns, @
~" ai = 3a'@ Chairman
WILMINGTON. JIlnA a.
Samuel A. Price, Jr., Esq, ChairG
Committee on Finance Of the Boal
Public Education, In Wilmington. Ss
Sir Having carefully examined thei
eral questions contained in your lsttsls
We beg leave to submit the following u
1. The effect Of the act of March
1877, (15 vol. Del. Laws, page 564l
prohibit the borrowing Of money ~
Board Of Education for any purpose &l
ever. The only debts and liabilities n
he Board may, create on such ordi
ones >ssnay be directly incurred In 81
ing their duties-and, these are to III %
out of the appropriation and receipSSs
the current year. ,t4-s,
The power to borrow money, even
porarily, to pay such debts and liabiliti2 -
not granted. ~ ,,,,,
There is . difference between congrS
q debt in the prosecution Of legffi1
corporate purpose. and the boFrol
money for that purpose. Il
The powers Of the corporation cs, no}s
exercised without directly incurring sxa2
md liabilities Of the character speci9sf2
the act, but they can. be exercised VIM
borrowing mon monndAS. " ~
" However inconvenient may be tue -
1t appears clear TO Sz6ft it was the ~
pose of the Legislature as expressed md
act, to wholly deprive the Board ii Il
power to borrow money. even for tho ri
ment Of ordinary current expenses.
2. The sum Of $4,000 having bssn a.
appropriated for School purposes 5or y
year 1877, and this sum being withis Y
limit prescribed BY Law, and the above las
toned act expressly requiring thar n
smount of the appropriation for Schoofr1
poses made by the City Council 10 Janusxj
shall be paid in full BY the city treasusl
upon orders drawn BY the Board, Va arSI
The opinion that IL is the duty Of the o.
Council so to levy the lax that the BoxI
shall receive the fall amount Of the apptS
priation Of $65,O00, clear Of errors, es,I 1
missions and other expenses. assss' Y
No time for the payment Of this mo
to the Board Is flxed BY law, but Il VIM
payable, upon orders drawn by the Bo15
on the City Treasvrer, from time toti1
as the same may b by him received iSs
the collectors Of taxes. ss;
8 The act of March 30, 1877, (1E ~
Del. Laws, page -549) provides that =
Mayor and Council, Of Wilmington, sHS
have power and authority under @n ox
nance at any time to borrow sum u
sums, not exceeding s2OO, 900 Of wNl&
$4,000 is to be appropriated to p9y t.
floating and unfuoned debt Of the Bead Z
,9sm48 .'st I'll
The time and mode Of borrowing thI
money, and the rate Of interest (not ~
ceeding six per cent) are in the discsetiu
Of the City Council. 3,
The question as to the rights of u
Board In case the bonds should be sold 8
low far, is not now practical one, q \
Of the bonds have been, or will be Id ! M
days, disposed Of at par. ''. ~
Yours very respectfully,
VICTOR DUPONT,
w. G. SPRUANCE. Sa
The several Committees were called w
reported progress. s9'i t5A zs
The Committee on Teachers reporttd m