Shepherdstown register. [volume] (Shepherdstown, Va. [W. Va.]) 1849-1955, 1882-12-02
Some CmriOsifies ia Our School
Law


struck with the many curiosities in it,
some of which are pointed out, in this
communication.
The election Of school officers in this
State is now held on the third Tuesday in
May of every second year. Among the
provisions pertaining to that election is
found the following:
SIC. 2. The ballots used at SAID election
shall, also, have written or printed OH
them the words For School lery, or against
School lery, as the voters may choose, and
if majority of the ballots cast upon that
question in Il district, be for "School
! levy" iG shall be the duty of the Board
of Education to make the levy rcquired.* 4
SEC. 40. For the support of the primary
| free schools of their district, the Board of
| Education shall annually, on the first
Monday Of July, or As soon thereafter as
| practicable, levy, by authority of the pco-
pie as prescribed in Section 2, such tax,
| on the taxable property OF the district, as
will be sufficient, with tie money re-
ceived from the Distributable State-fund
| for free schools, TO keep the schools in OPP
! Grafton, at least, four months in the year
SEC. AZ. No district shall hereafter re-
| ceive any share of the Distributable State
| fund for free schools, in any year in which
the levy required by Section 40 has not
/ been made.
! CURIOSITY NUMBER ].
1t will be observed that Section , re-
| quires vote Of the people to authorize the
Boards Of Education to make such a levy
as will be sufficient, with the money re-
ceived from the Distributable State-fund,
to keep the schools open, at least, four
months in the year and then, over in Sec
ton AZ it says, if the people do not by vote
authorize the Board to make said levy
they shall not receive any of the Distribu-
table fund, which has been raised by the
State tax of 10 cents on every one hundred
dollars worth of property, part of which
this very people hayc paid into the State
treasury. and, in some cases, nearly dou-
bic of what they would receive from the
State. What is the use Of saying to the
people, you may vote on this question 10
give authority to make said levy, but if
you do not grant the authority, you shall
not have any schools? This free choice
with vengeance.
The history of the provision, requiring
the question to be submitted to Il vote Of
the people is briefly this. The original
| school law of the State contained. this pro-
vision, The Board of Education Of each
/ district, "with the assent of the people
| thereof" may make such levy as, with
! the State quota, will enable the schools to
be kept open, at least, four months in the
/ year, but the Boards, for number Of
! years, made the levy without submitting
( the question TO Il vote of the people; the
! consequence was that some of the cOun-
ties, ana the b. & o. Railroad, refused to
! pay this extra tax and a test case went up
! from Hampshire County 10 the Court of
! Appeals and there it was decided that the
tax thus levied was illegal and void. Ever
/ since that time each revision of the School
| law contained the provision named in Sec
ton ,.
/ In the amended school law the follow
/ ing provision, which was not in the origi-
nal law, has been added
SEC. fl. If the Board Of Education of
any district agree that the schools in their
/ district should be continued more than
/ four months in the year, or if twenty or
/ more voters of the district ask the same in
writing, they shall submit the question to
| the voters thereon at a time specified in the
! order therefor, which order shall state the
! teRgM 81 time for which it is proposed to
| continue the schools. Ballots may be
| used for voting on the question. on which
my be written or printed, "For -
! months school" or against more than
-four months school" If a majority be
: in favor of longer term than four months
/ the Board may make the levy accordingly.
=
The notice (of election) shall erpHc,fly
St0tc the term Of time to be voted for and
/ only one ter@s Of time shall be voted for at
one election.
CURIOSITY NUMBER >.
! By the conditions Of this section the
! people can only vote for the number of
may name in their notice, whether they
| desire it or not. Suppose the people
wanted TO vote for five months more than
| four and the Board in their notice name
three, how arc the voters to obtain their
wishes? This is strange way of "ascer-
tanning the assent of the people" Why
not say i'm words, rs well as in fact, the
! Board shall determine the number Of
months more than four that the schools
! shall be kept open in the year, and not
mock the people with an election in which
they have no choice.
! But this 4lst section has been STUN
bling block in the way of some school of
ticers ever since it has been part of the
/ law and has recently been before the
Court of Appeals for adjudication. This
| Court decides
"That a vote must be taken each year
before the Board of Education can make
the levy for more than four months
school and if the Board should make the
levy the second year by the authority
given them by the voters the previous
year, such levy would be illegal and upon
petition to supersede it, under the Act
of 1873, chapter p, page l53, the Circuit
Court should supersede such levy as made
contrary to law. But the Circuit Court
has no authority to superSede il, unless
the tax payers file their petition for that
purpose within 40 days after such illegal
levy has been made"
1t is not likely that, after the taxpayers
have voted to authorize the Board of Ed
ucatiou to make such levy, they would
be so foolish as to petition the Court to
set aside the levy made in accordance
with their wishes.