The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-10
THE SCHOOL APPROPRIATION.
,sE WAY THE MANDAMUs WAS DE-
CONTINUED.

rbe action of the City Board OF school Diree-
ID. ,n applyJpr for a writ OF mandamns 70
~npel the State Superintendent Vo pay 'ne
nlance of the above appropriation, anu 1neh
Esslweuuently withdrawing that appiieesioh'
". led to considerable inquiry as 10 the manure
/ q 'the settlement Of the differences between
fte two parties.
/ rhe State Superintendent. under date 81
All " addressed a communication 20 the
laf superiptendent of the city schools. stat
s.e his objection to the methed OF payments
.sonted for tho October and November rolls.
I 4. M course III that letter Mr.. Lusher seFs:
sYet desirous nov a as otbars nave far Tays wSan
the relief was voted by our uen,e[at 1sselu
INV. should .hf paid as sooa as.nas ssloe,
.,,a on the nay roll for December, 1877. should
make max before q justice OF the peace or any
imrsssisrate authorized to administer esths, az an
sn,favit In the following words. as prescribed
] II tha propiso already referred TO:
atWe. the subscribers, do solsmnlF swear or
salrm that we respectively are the persons I.1s
hhaard III school Directors for the month of De,
sarnhsr 1g7f A entitled to the amounts placed
oenposite our respective signatures to this am
sn sma NH that we have remained the owners OF such
niaima All from the date of the certifying OF such
nav roll to the present date
This letter led to further expression of
oplniou, es appears from the following com
tmunicauons: -. An-.1. ,a7o
~ o. Rogers, Esd:
i nam, S,-I see no objection to aeuuiescing In
,ha Man proposed BY the state Superintendent
III Pnhlic Education. lii his letter to you under
se ndan a be new Ueaes
Hard out of the current school funds OF 1877
RaA fRe affldayit suggested by him can be taken
BY every employees Who has not n ahy na H III eon nn
the nav roll. A mere pledge or hypotheeatton
81 claim does not divest the title of the owner
and the pledgar remhins owner, noiWlinsJ,,hhi,
or private sale. sells the claim pledged 20 felm-
hurae the advances made by him. think,
therefore, the proposed oath can ne .ahsn ~ J
an absolute out and out sale of his claim.
Thjs Il evidently the intention Of the legts-
ator otherwise the nppropn'tahi2n thn wodu and
half starved emp oyees If the schools were
H a0rppeed to borrow money on the ialth o1 their
aims II the money goes 70 rel,efs reief nS r.
pl0yee from DEBT. IL aHords supstahela' hehe' w
I have always considered these Fc.called
pledges made by teachers ann asha o,ners ~ III
nieasure Of the employees. and, therefore. vest
inr no title Ia the pretended pledges. For this
hs Soarr can maka oath that he Ii and has re-
mAined owner of his claim.
suggest aeuuies cence in the proposed plan
Without discussion OF tue uufsttVus A0tC.V'S
aritated 1t IA better that the public lnteTesl
should he cared for than to be victorious 10 y
leRal contest therefore refrain from al c4m.
ment on the right of the State Superintendent
20 Insist on what he proposes; nor do WISE ln my
aeauieseence to be construed as waiver 81 III VI
position heretofore insisted on by the Cisy
Dchoul Board.
Yours respeetfuT5FEHo uT5FEHos J. sEMMEs.
President School Board Of the Oity OF New Or
leans
OFFICE STATE SupT, PUBLIC EDUCATION. !
New Orleans. April l. 1879. J
NmO, Rogers Esq. Chief superintendent q
Public Schools OF New Orleans:
Dear sip'--The undersigned concurs In me
legal oplnion expressed by the president OF the
City School Board. in his letter TO you 81 unls
date, Rs to the effect of pledges or hvpothech-
lions Of claims held by teachers ana otners
this opinion being substantially the same eA-
pressed In my letter Of February to the honoI,-
able Administrator of Financel; and, after, al
claimants ed on the pay roll for DecempeT
1877 'trh0 Rare net at any time made an dbfoht,t
sale Of their claims" shall have taken the AN
dayit, as worded In the prcriso to the appropf1.
alton act No. 15 and the aggregated amount
represented Nv aRid claimants. 80 sworn ia con
formity to law shall have been reported 70 tnls
pff1oe the undersigned will afford such tacil1tles
for paying all such claims rs he can, by virtue
of the authority vested in him by aot No. ID OF
Tho General Assembly.
Very respectfully yours,
ROBT. III. LUSHER,
State Superintendent