Daily Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1876-1884, 1881-11-06
City Board Of Education.

of Education was held in the par
l0r of the First National Bank last
evening.
Present-Widney, Lindley, Lacy
and Workman.
Minutes of preceding meetings
read and approved.
The following BILLS were read and
approved and 1.-The Secretary In
struc,ed to draw warrants on the
Treasurer for the several amounts:
George Stephenson, painting, SAL;
P. Hirschfeld, desks and supplies,
$815.62; r. Bills, hauling, $3.50;
Perry & Pollard, repairs, 500. 20; j.
M. Stewart, trimming trees, $12;
A. Biles, repairs, SOL; B. F. Coul-
tor, supplies,$189.3S; Yarnell, Gays
tile & Mathes, printing, SS7,75; w.
G. Furrey, supplies, $44.57; Perry,
Woodwork & Co., lum Der, $24O. 92;
Bryant, Howard u Co., $36.47.
The folio wing legal opinion as to
the power of the Board of Educa.
ton to purchase properly and build
school houses was read and order
cd on file:
Los ANGELES, Oct. %, 1881.
10 the Honorable Board Of Eduoa-
ton, Los angeles City:
GENTLEMEN: We have Lad I'M
der consideration the question sub
mitted to us by your Honorable
Board, viz: Whether you have the
power to buy or sell school lots
without vote of the district di.
recting you so to do, and we have
come to the conclusion that you
have not that power and that fur
tber Legislation is necessary before
you can safely do SO at all.
BY Section 1916 of tho Political
Code it is declared that the powers
of the Boards Of Education In
cities are such as are prescribed in
the laws governing such cities,
ercept as otherwise provided in
this chapter.
Board are provided for in the very
next section, viz, 1917 Political
Code, so far AS they pertain TO the
present question; and the fifth sui
division Of that section gives the
power "when directed by vote of
their district to build school houses,
or to purchase or sell school lois.n
The obvious Interpretation of
this subdivision Is that the vote of
the district il essential to the exer-
else of the power to buy or sell
school lots or to build school
houses. The only doubt about the
meaning grows out Of the fact that
no means are provided for taking
the vote of the district.
The only provisions for taking a
vote Of the District upon any
question resembling the present
are those contained in Sections
1S30-1S39, and those contained in
Sections 1S80-1SS8. Neither Of
these meets the present case.
Whsther from the failure of the
Legislature 10 provide mode for
taking vote OF the district the
courts would hold the condition
not easentia to the exercise of the
power, or whether from the fact
that no provision WAS made for
taxing the vote except when tax
is to be Ievied or debt incurred, it
would be presumed the Limitation
was only intended to apply in such
cases; or whether in the absence of
prescribed mode any mode would
be held good that gave a reasona.
BILE opportunity for u full aud fair
expression of the will of the voters,
are questions which it would be
impossible to answer in advance of
an actual judicial Interpretation.
We think, therefore, the only
safe advice we can give you Is not
to act until the Legislature has de-
clared its will more explicitly, as
the new Constitution contains very
stringent provisions against any
unauthorized use of public money
by any person having control
thereof.
New Constitution, Article IL,
Section II.
We think, therefore, that the
prudent course Is TO walt further
legislation, unless case can be
made up and a Judicial interpreta-
ton of the law obtained. a
BICKNELL & WHITE,
GRAVES & CHAPMAN.
On motion, Mics Maggie Des.
mond was appointed principal Of
the Spring street school, vice Miss
Ida Lindley, resigned.
The Secretary was instructed to
draw warrant for $50 for Miss
Jennie Clapp for extra work done
by her.
Report of J. M. Quinn, City
School Superintendent read and or
dered placed on file,
On motion, the Board adjourned.