The daily gazette., 1877-06-16
FIRST EDITION!
She school Board.

MEErING-THE QUESTION or
BORROWING MoNER-IN THE ABSENCE
OF LEGAL OPINION THE BOARD nr-
ClDEs THAT 1T 1T HAS RIGHT TO BoR-
ROW. 0"
The Board of Education held an ad.
Jol rned mt cling, last evening. Presi-
dent. Buck in the chair, for the plrpose of
hearing the legal opinion, to be- secured
by the Finance Committee, as to the
power OF the Board, under the new char
ter, to borrow money.
After waiting nearly an hour for Mr..
frlce, chairman of the Finance Commit
tee, that gentleman entered the room
and said he had no report to make. He
saiu ne had seen an attorney (Mr. Du-
ront) on luesday, who had promised to
consult with Mr.. Spruance and have the
opinion ready by Friday afternoon.
When called upon at noon he said he
would have the opinion ready by even
ing, and when called upon in the even
ing, he said he had been unable to secure
conference with Mr.. Spruance and to
prepare the opinion.
After this explanation Mr.. Price pro-
ceeded to say that he saw no reason whv
the Board coHld not under its new char
ter, borrow money, for the puipose of
meeting its legitimate expenses He read
from the charter the clause which some
members construed as prohibiting the
Board borrowing money, as follows:
"The Board shall have no power or
authority to borrow money or contract
or create any debt or liability ex-
cept ordinary debts and liabilities incur
red in executing the duties imposed on
them by law to be paid out of the said
appropriation by Council and the receipts
of the year for the time then current and
al nd Eah 81,
be so pad the same shall 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 was passed or had
making them jointly and severally re-
sponsible therefor"
lNoTE.-In copying this extract the
punctuation, or rather lack of punctua-
tion, contained in the printed law, was
ADDER d to-
Mr.. Price proceeded to say that in his
opinion the exception in the quoted
clause gave the Board amply power TO
borrow money, and that the evident in
tention of the act was simple to keep the
Board within the limits of each year s
appropriation, and to hold the mem bers
personally responsible if they exceed this
limit. He therefore moved that the pro-
per officers be directed to discount a
note for $1,000, at 60 days, for the purpose
of paying salaries and meeting the bills
allowed by the Board at the last meet
ing.
Mr. Baird believed the intent of the
law was not to RESTRAIN the Board from
borrowing money, but to prevent the
mortgaging of school property, and the
borrowing of money for the payment of
past claims, or debts incurred for the
future. He believed the Board had a
right to borrow any sum of money not
exceeding the appropriation for the cur
rent year.
Mr.. Price said that in speaking to Re-
preventative Ware about the matter the
latter had assured him that 1t was not the
intention of the Legislature to restrain
the Board from borrowing money, but
only to keep them from exceeding the
yearly appropriations, Mr.. Ware believed
the Board had full night to borrow
money, and said he would readily en-
dorse for them should the banks refuse
them credit.
Col Heisler held that the law deprived
| the Board of all power to borrow money,
and thought that Council should requir-
ed to collect and pay the Board their full
appropriation. The only way to bring
| Council up is to continue until the
money on hand is exhausted and then
| CiOS6 Illt bCuOOlS. ny OucCt BtLtlHG tNeI
and receiving the appropriations from
the city in full, the Board would save
considerable money now expended fol
discount and interest. He thought
Council should at once proceed to Sci
| the $50, ,0C0 of school bonds, the issue OF
which was authorized by the Legisla
ture, so that the Board could pay olf theil
floating debt and get upon their fee
| once more.
Mr.. Lally said the law was obscure anC
unintelligible, but was of the opinion
that the Board bad. under its provisions
a legitimate right to borrow money, 81
long as the amount borrowed did not ex
ceed the appropriation for the curren
year.
After some further discussion MI
Prices motion to have a note discounted
prevailed unanimously.
lDMr Lally stated that State Superin
tendent Groves was preparing censu
of all the children in the State of lega
school age-between and q years-ant
had requested Superintendent Harlan t.
have the census taken In Wilmington
He moved that committee of three bt
appointed to attend TO the matter.
Prof. Harlan. being called upon, salt
that Prof Groves was engaged in taking
n school census of the State, and had ar
ranged with Clerks of the School DIS
tricts for securing the necessary statistic
from all of the State except Wilmington
In regard to the city he had asked him tt
bring the subject to the attention OF tn
Board.
After slight discussion as to the pow
er of the Board to assume an expenS
for this purpose. the subject was, on me
ton of Mr.. Baird, laid over until th'
next meeting.
Adjourned.
GoULEY's EXCURsIoN.-Gouley ha
| oou,nlatad his ARRANGEMENTS for three EX