Fergus County argus. [volume] (Lewistown, Mont.) 1886-1946, 1888-01-19

UeVV 70 Supe, W eu0em u SCh00S.
EDITORS ARGus:-Kindly allow me short
space to reply to the answer of the County
Superintendent.
lie says he answers my questions ''ns
though asked in n spirit Of perfect faith
and good will" Perhaps that is why the
answers seem unsatisfactory. for they were
certainly not asked in II spirit Of perfect
faith. brcau-e perfect faith does not give
rise to que-tioninrs. though ! am not
aware at having any personal III will toward
the gent Icmnn " hose official acts igucstion.
In regard t" the Utica district. M. y, il
is known that the report 81 the clerk Was
not filed until IL WIS ov. rdue. and was in
fact made cut by the clerk 81 dist riot No.
I. at the same time h- M lie out his own
report. Under the particular circum-
stances it may possibly b. within the dis
cr'ti'nary power ri thu superintendent to
grant indul.rnrs. though W. cannot see
why AN incomplete report should have any
more consideration than n" report at all
But the clerk "f that district when talking
with the clerk ~ No. I seems to have
known nothing of the indulgence granted.
Tor lac was apprelenrive lest his district
should h. fined. But that ease stand. by
itself.
Ia regard to Nos. 2. & and 10 the case is
entirely different. and the question arises
as (" the power of the superintendent to
accepting cxctsc or to remit ~ penalty
once imposed. The law requiring the pen.
atty is positive and mandatory. and, not
even by implication does IL give the SUPER
in,rnslent any discretion NOR ia there amy
thing in ''tl,- intent and spirit Of the law
as I Rad il, which bring. it within the
'iurisdirti"n of that officer to remit such
penalties. as he admits there is not in its
hitter. AS against any such Interpretation
is the law which directs how the general
Srh""I fund shall br apportioncd among
the districts 81 the county. Thcse fines
once having been credited to thu general fund
are abs"rIc,l by that innd and cannot lie
diverted ther'from except in acc"r,lancc
with some positive enactment al law: and
not only il the treasurer of the county |
not bound To- recognize any order from the
superintendent directing portions II that
fund to b. ira nsf-rr-,l back to certain dis
tricts, but. as look ut it. he is bound not
to act upon any such order. '"causr il il
contrary to the statutes 81 the territory.
n the superintendent wer. tn. only person
Interested in or affected by the matter H.
might appeal to the fairly intelligent.
liberal minded people for his Justification.
but in ease the county treasurer should
refuse To- ransfcr the amounts Of those
penalties back to the districts fined. on the
ground that the Illegal acts of one officer " III
not cxruse him. the matter bccoins more
complicated aud more serious. and IN the
opinion 81 some that is just what the
TREASURER is in duty bound to do. lie AL.
mits that there In no law ji>tifying the
remission of those fines. aud then calls
upon intelligent Ie.opl. To- justify this act.
KS rule such people do not justify such
acts. aud am glad Ia have him make this
appeal. II might as well he said that the
county treasurer could accept excuses for
ia. nonpaym''nt Of taxes and remit the
penalty. lie Says further in his ari>~er
,hnl b. is ..i.nnrcnt Of the Incl - Of hny:
ing chastisc,i any trustee" etc. I do not
know what h. calls il when he says the
school trustees have, with but few cxrri'-
tions. been very drreIic, in performing
the DUTIES of their Office etc. l am not ~
-tirklrr for nam-s. lie may not call this
chasiisrmrut, but "a rose by any other
name would smell M sweet All such
rrititsm is certainly ieyond all precedent
aud all au,horit. 81 law. the sapcrintcnd-
ent not being II supervisor Of the ron'luct
bf trustees in any sense. know full well
that it is the duty " trustees to visit
schools, but the superintendent il not the
officer to call them to account in a public
report for any neglect Of this dury.
About his personal insinuat ions I,arcn-
thrtically enclosed Interrogation points
the invention Of II coward afraid to s,r.ak
his mind. do not care to say anything,
except that M charge WITS made aud no
insult intended. merely said that under
the circumstances il looked so aud 81: aud
! may say that il looks just ut the
present writing. As to stabhins him in the
back, | believe the sayin: in ''far-ietch.l'
rs regards this controversy. vt any rate
his opponent tried To- ''-trikc from the
shoulder in u fair. open aud free fight, and
there was not TIA. least danger 81 the gentle
man being hit in Ia, back uiiless h. tights
with his back tn tn. foe. But tn, public
are abb. To- ji,,iye whether here is anything
un,lerha ndcd ia the affair.
RupoLr voN TopEI. JH.