Omaha daily bee., 1888-01-31
THE TITLE is DEFECTIVE.
Hon. w. j. Connell Gives His Opin-
ion on the High School Muddle.
JANlTORS TOrt BE EXAMINED.
The Board of Eddnhtion Hold an I'm
portant sessiune-The Question
of Large sdheoi Buildings
-CobuHnS speech.
Board of Education.

The absentces were Auch Moedy, Clark,
Kelley, Morrison and Savillc.
A communication was received from G. w.
Cain, Twenty-eighth and Blonde, Offering
for school site in Bedford place corner lot
1O7xl2S, with a south frontage on Boulevard
street for e, 500. Referred.
The offer of Frank H. Baber who bid Sl15
for the old school house situated In Walnut
Hill, was accepted.
Communications from Matte L. Powell
and Katherine Nj. Kean, the substitute
teachers, was received asking for increase i'll
salary Superintendent James recommended
an increase as the work Of these teachers is
very laborious and exacting. On motion
their salary was increased from $50 to 500
per month.
A number of Shakespeares plays and COP
les of Spencer's "Faery Queen" were or-
dered for the English literature classes.
The contract for covering the steam pipes
in the basement of the Cass and Dupont
schools was awarded to A. w. Shearer and
C.. W. Edgerton those in the Cass school to
cost $ll9.63 and the Dupont school TO cost
SCI 32.
On recommendation of Messrs. Live
sey and FELTON, the janitors of the
school buildings where night schools
are held were allowed $40 per month addi-
tonal for their services.
The bids received for painting, kalsomining
and plumbing were all rejected as being too
high and new proposals asked for.
The following communication was re-
| ceived from w. j. Connell, the attorney of
the board, relating to the use of the high
| school grounds
| submitted to me, relating to the use of the
| high school grounds First, as to whether
| the school board under the act transferring
| the high school grounds, has the right to
construct building thereon, Tor other than
| high school purposes. Second, as to whether
| under the vote Of November 3, 1851. the
| board of education would have the right to
erect a separate building on the high school
| grounds. M
In response to the first question submitted,
I would say, as view the law, the board of
education would in its discretion have the
right to use the high school grounds for any
| legitimate school purposes, and would not be
| restricted to the use thereof, solely for high
| school purposes.
The question, however, is not altogether
free from doubt, as no deed has ever been
| executed by the governor of the state, as was
contemplated by an get Of the legislature,
| question for school purposes. Had such
deed been executed its terms and conditions
| would no doubt have been so clear and ex-
plicit as to have removed all doubt or uncer-
| tainty. Il
On the 4th day of February, 1859, the act
| referred to was appraved and by its title
authorized "a transfer TO the city OF Omaha,
for school purposes, Of the capitol grounds
and buildings in said CITY" The first section
| of said act provided that whenever the prop
| erty belong to the state was removed from
the old capitol building the said capitol and
the grounds surrounding the same, known as
| "Capltol square, )" shObld revert to and vest
in the city of Omaha for school purposes,
and the governor WAS authorized and re-
quired for and in behalf Of the state to make
and execute under his official seal the full
the purpose mentioned, it being provided that
said property should be used BY said city for
the purpose of high school, college, or other
institution Of learning.
In view of the title to the act, 1t being eX-
pressed as 'An Act to Transfer the Property
for School Purposes" and in view OF the
words employed in section of said
act, I think reasonable construc-
tion of the words 'other institution of learn
ing" would include graded schools.
Section 4, to which reference is made, ex-
pressly provides that mo college, school,
seminary or other institution of learning
shall ever be kept upon said grounds under
| the direction or control of any religious sect
or denomination 1t will be observed, there
FORE that a school, as well as college OF
seminary, was within the contemplation OF
| said act as an Constitution of learning"
| With regard to the second question, to
which reference has been made, / do not fee
so certain as to the right Of the board OF edu
| cation to proceed as is proposed. The right
| to construct a building on the high schoo
grounds is derived from the vote of Novem
Der 8. 1873, authorizing the issue OF bonds
among other purposes, ''for an addition tt
the high school building"
When the proposed expenditure for build
ing on the high school grounds was reached
it was represented to me as ian addition u
to the high school building" to cost $4,000
The resolution in that form was ap
proved by the board, and the vote OF the
electors authorizing the issue OF bonds was
| A. &l,,,,n 11,tft INn,
an addition to high school building to cos
S500O0
do not think a separate building could be
| fairly regarded as an addition to the higf
| school building. am therefore of the opin
| ion that if the authority to erect a separate
, , | building was questioned by proper legal pro
ceedngs, the board of education would b'
,, | enjoned from erecting separate and dis
, | tict building out of the proceeds arising from
; | the bonds now authorized to be issued.
Respectfully, w. j. CoNNELL.
> The following resolution was presented b.
| Messrs. Llvesey aud FELTON,: Believing thai
, | in the congregation OF great numbers o.
, ! | children there is great tendency to immoral
ity and with the increase Of pupils there is
less control and supervision of them whel
, | on the school grounds and about the building
: | and that as good graduation OF pupils II
| reached in a twelve room school as in an.
larger number of rooms; we recommend tina
: | hereafter the largest buildings erected con
:. sist of only twelve rooms.
7 Mr.. James opposed the resolution, sayins
l. l. that the worst immortality he ever kneN
y of was in small country schools
He was strongly in favor of large buildings
= AS the city grew larger and real estate in
creased in value, the city, instead of payin
, exhorbitant prices for school sites, would b
more inclined to erect large school building
! | on their present sites This was true of a
n old eastern cities, New York, Chicago, Mi
. waukee, Detroit and others, and he woul
:. earnestly recommend Omaha to follow thei
y | example. DIl
s Mr. Lvesey, in his original manner favore
, | the resolution remarklngon the wonderful
| immoral tendencies of 4 great number of tn
Omaha people, which seemed to be commit
D. nicated to the Children The resolution, afte
% some other debate, was placed on file.
n | 1t was decided to employ an architect b
. the month or year to draft such plans as d
: rected by the board of education, a gener;
III sketch of the same having been presented
le and approved by the board.
t. The janitor of the lard school was declare
, incompetent and discharged. John Paul WI
,a chosen to fill the vacancyd
Mr. Kelly presented resolution requrin
all applicants for ianitorships to appei
before the committee on ventilation an
, heating for examination as to fitne'
20 for such position This committee
rs composed of Mr.. FELTON,, of the waterwork
a DR.. Savile and Rev. w. Il. Copean
,k Messrs. FELTON, and Copeland both begged
,,a q