The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1883-10-06
THE SCHOOL COMMISSIONERS.
Judge Hines Gives the Opinion that the
Commissioners Have Absolute Con-
troll of the School Property.

AT the regular meeting OF the school board
last night the secretary reported warrants
drawn on the treasury during the last month to
the amount of 81, 74SS4, of which $10,326O9
was from the special fund; tuition fund, sos 81,
and library fund, $714.43. The treasurer re-
ported balances to the credit of the different
funds follows; Special fund, 800, 085.64; libra
ry fund, 29078.55, and tuition fund, 500, 800 AZ.
Mr.. Smith, the secretary. reported that he had
prepared list of the names of persons desiring to
have their children transferred from Center and
Wayne townships to the city of Indianapolis, and
had requested the auditor to transfer their taxes
for school purposes TO the tax-duplicate of Indi-
annapolis for 1888, but he had refused to comply
with the request upon the advice of the county
attorney, who was of the opinion that the audit
or had no such authority. The matter was re-
ferred 10 the attorney of the board with IN
structions to take such steps might be neces-
sary to protect the rights of the board,
The Board of Health submitted report show
ing the quality of the water fur
nished at each of the school
houses, which was published in the
Journal few days ago. In connection with til g
report proposition was presented by General
Thomas A. Morris, president of the Indianap oils
Water Works Compan offering to furnish pure,
wholesome water TO each of the school buildings
at six cents per annum per scholar, the city to
put in meters at its own expense and furnish
water at twenty cents per 1000 gallons. The
proposition was referred the committee on
hygiene.
Superintendent Tarbell reported that the total
number of pupils registered i'll the pub
lie schools during the last month
was II 1873, while during the same month last
year it was II ,047. The average daily attend
ance of pupils was 10,790. The accessions not
by transfer numbered IA; the losses were 1892
pupils neither tardy nor absent, 1857; suspen-
sOns for absence, z; suspensions for misconduct,
8; cases of corporal punishment, 40; truant pu-
pills, So.
Cyrus C. Hines, in giving an opinion on the
title to the common-school real property within
the city, said that assuming that the land had
been acquired for common-school purposes, he
was clearly of the opinion that the Board of
School Commissioners now holds the
property, with full power to dis
pose of 1t without any action upon the part of
the civil municipal authorities. The general
principle is fully established ia this State that
school property is held in trust for school pur-
poses, and thar, the law may change the
trustee, the title devOlves upon the succeeding
trustee so that when the Board of School Com
| missoners organized in 1871 it succeeded
to all the rights in school property heretofore
vesting in the school trustees and became pos
sessed of all their powers. The civil city OF In
dianapOlis has no actual interest in or power or
control the property for school purposes,
and has power to convey or to authorize to
| be conveyed any part OF it.