The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1889-10-19

Z. CaB u member Oh me DDafu take
a contract TO furnish fuel, repair the
s%hoOlhOuse, or erect a shool building?
Ans.-ln Il board haying six direc
iOrs, no member ''shall hold u Office
Or employment of profit from said
board while a member thereof, except
the secretary and treasurer" Section
7l53b; and the work OF The secretary
aud treasurer Is restricted to their Oh
fetal duties. The work mentioned in
the question is undoubtedly covered by
the word ''emplOynent," as above
quoted, and is therefore prohibited;
put he law relating to schools with
three directors is silent upon the ques-
zion; nevertheless, il is ~undoubIed bad
policy and contrary to the spirit Of u
law for persons to make and take CON-
tracts i'll which they are parties to both
parts OF said cont acts.
3. Can a director escape responsible
ty by resigniDg when snit is brought
under sec. 7O52, 7U66 or 7076a?
Ans.-No; a member OF a school
board is under oath, and r~esignipg will
not shield him for violation OF the law
he voluntarily took all oath to faithful
ly execute.
4. What is the difference bet q
school election held in IA district VIII
three directors and one having six
directors?
Ans In a school district with three
directors, the election is held by SEC.
7O3l; the meeting organizes by The
election Of Il chairman aud secretary.
the district clerk reads his report, and
then each item considered at said meet.
...,. AN ha tal-nt. ~ Gnt,, 49, 4 N,-
upon, aud the result announced by the
chairman and recorded by the secre.
'Hry. before taking up another iteIl.
This section of the law cannot '.be
made TO apply to large towns and
cities" for the obvious reason that il j.
impossible to conduct a legal election
IN such towns and cities un,er the pro.
visions OF this section, as all parties in
terested must be present the entire time
III order 10 vote upon each item when
called up by the chairman. Under lhIs
section no ticket containing The sew
pral items to be voted upon-is legal
and all elections held and conducted b,
such ticket can be legally set aside b\
an Injunction; no such ticket is aIlOwa
BILE. Again, the law requires this meet.
my held al 2 O'Clock y. M, prescribes
he order of business, and as soon ~
such business is disposed OF the meet
Ing legally adJourns; this may require
the whole afternoon or may be dis
posed of i'll a half hour-or ever less
time; there are no judges, and there
fore no polls To open or close, bat
when the business has been transacted
The meeting adiourns. In districts hav-
ing Six directors, The eleclion-nol
schOol meetlng-is held aud conducted
by sec. 1888; here judges are chosen
and conduct the voting, the polls open
at Z u. III. and close al i D. m, II ticket
confirming ali items to be c0nsidcreu
is voted, the judges cast up the re
turn, and conduct said election H.
municipal elections are conducted. 1t
is II TACT well known 10 this depart
Dent, that there are scvGral towns i'll
this state that have not held IA legal
school election for several years, and
having only three directors II Is ia
possible Tor them 10 conduct al eicc-
ION by sec. 1881 as the Jaw requires,
therefore they try 10 cUIDbinc tbs Two
aud work under sect .'rS 1881 aud 7la3
at the same time, which renders their
work illegal. 1t never was intended
inat ui.liIct, having more voters than
could easily assemble IN the school
house at one time s..uuid have three
directors; therefore, the general as
lembly enacted article Ii OF the schuO
law that cities and towns might b. &C
communicated, and even muhr y appiica
Bile to "Cities, Towns and Villages"
All school districts that contain all in.
co%rporated city, town or village, hav-
ing over one hundred legal voters,
should be organized and operated uu-
der The law applicable to city, town
aud village schools. Aud when those
not yet organized go to organize under
sec. 7l42a, they will see how far short
of a legal election they have conducted
In the past, as the line of voting is
continued in the order outlined in sec.
1881 and must be followed until the or
g%anizarion is changed, then they can
hold their elections legal. by sec. 7l53,
have judges and vote IA ticket.
5. Under what conditions must the
school board maintain u school tor
negro Children?
Ans.-By sec. 1852, whenever the
returns--''as shown by the last enum.
eration"-indicate there were Ii or
more negro children, of school age III
the district in May previous, when the
enumeration was taken, the board must
maintain Il separate free school Tor said
negro children, for the same length of
time the white school of the district is4
kept open. This is obligatory upon fhe
part of the board; scarcity of .fnnds
cannot deprive the negro children of
their rights under the law. aud no
board has the right to close said school
under any circumstances. Failure to
comply with the provisions }, said
section will incur the following forfeit
ure: "ShOuld any school board leo
lect or refuse TO comply with the pro-
visions of this section, such school dis
irict shall be deprived of any part of
The public funds for the next ensuing
year." i. e. in the apportion-
ment of the state, county and town
ship school moneys the next August
sec. 1922 the county clerk shall omit
such school district and appOrtiou said
moneys to the other dist lets of The
county that comply with the law. This
is not a matter to be disposed OF by Il
board at will, it is plain law and mnst
he Obeyed it can he enforced bv man
uotlu "hSiO itl'iNtS 90 NANFNit
the law rs set forth in sec. 1852. All
warrants drawn in favor ut the teacher
If such school must be simply drawn
upon the "tenchers' fund" ja>t The
same as warrants for the teacher OF lile
white school are drawn. The woirls,
"as shown by the last c~nutncrLiuv."
were inserted in said see. 1902, by the
last Legislature; this is the only chan; &C
made relative to these schools.
8. What became of the case, "rhe
Collector of Saline county VS.. the G.. IL
\. TaIlrOad!'
Ans.-It was decided by the Kansas
City court of appeals in favor IF the
collector; il vas not entered in the re-
ports, bur may be found in "SnuihwrSt
Reporter vol. 10, p. 200. Decision
rendered Dec. 90, 1885 This decision
~ustains the instructions SEM UHt In
circular to the county clerks Ia the ei,
feet that whatever the average rate of
for "schonl purposes" in the c"uu-
ty is-obtaincd by sec. 6SSO, D.. 23l,
lS77-that shall be The rate To he
assessed against the railroads of the
county. This average nay be more or
less than 40 cents, rs the various esti-
mates NAV show. SOmC of the blanks
out by the railroads are miSlpaI-
ing; there are just three species oi tax
alton indicated: CD for "schooi pIr-
noses" this must be crcdit,d-wu"n
.ollected-to the teachers fuul ~ t're
county treasurer; (2) for "huiI,:i'g
ourp Ises." and (3) for "o'h"r pa.