The Newtown bee. (Newtown, Conn.) 1877-current, 1890-12-19
FAIRFIELD'S BUDGET.
A Nice Legal Point.
WAS 1T CONSOLIDATION?

WAS 1T CONSOLIDATION?
In The Spring of 1886, the voters of the
Holland Hill school district, feeling the
need of new school house, after num-
erous meetings, decided to build. The
building now in use was the result of
these meetings. In order to build the
school house, money was borrowed. In
the Fall of 1887, the citizens of the town
voted, at the annual town meeting in DC
tober, that all the school districts in the
town should be eliminated by what is
known as the consolidation act in our
statutes. The object was to do away with
all the districts, with their officers and to
put the control and management OF
schools into the hands of the town. This
is accomplished by the appointing of
town committee to have the oversight OF
all the schools. Three questions arise in
the mind of the writer on the above state
ment of facts.
First, Was there consolidation of the
districts in the town as intended by the
statutes?
Second, If so, then should not the town
have assumed the debts and property of
the different districts?
Third, If not, then are not the districts
responsible for all debts contracted both
before and after the consolidation vote
was taken?
As to the first question, whether there
was really any consolidation, the writer
believes that there are some grave
doubts. One of the first, If not the first
and principal requisite for the consumma-
ton of the consolidation, after the vote
had decided what the wishes of the in
habitants were, was thatthe "town shall
assume the property and be responsible
for the debts of the districts within their
respective limits The act then goes
on and specifies in detail how this shall
be done.
The only thing which the town did was
to appoint a committee to have charge
and control of the schools and property,
but did not assume such property as
owners or the debts chargeable on such
property. The writer fails to see how
any one can legally exercise the rights
of ownership and possession over prop
erty without doing some act showing
an intention to control and possess the
property. The town did not commit
such acts, but utterly refused, through
its officers, to recognize the fact thal
they should do so.
In other words, the simple fact OF ap'
pointing town committee to have charge
of the schools, without assuming the
property and exercising the right o.
ownership over it, was not sufficien
compliance with the statutes, taken. II
connection with the vote of the town t.
consolidate the districts.
In regard to the second question, ad
hitting that we had consolidation, thei
the town did assume the property ant
debts of the districts and was response
BILE for such debts and, having once be
come responsible, they still remain so un
til all the debts contracted before ant
during such consolidation are paid.
this, the writer is borne out by the stat
utes, as there is no provision whereof
the districts shall again re-assume tn
debts so contracted.
This brings us to the last question
which Is that, II there was no consolida
ion, then the districts are responsible 70
their debts, as IL no vote to consolidat
had been taken.
This statement needs but little discus
sion, as the dullest reader can readil
understand that, II no change had take
place, then the same state of AFFAIRS mu
necessarily exist, which existed befol
the vote to consolidate was taken.
Numberless difficult questions ha'
arisen out of this supposed consolidate
which have agitated and will continue
agitate the minds of our present board
school visitors and the people of some
our districts.
One of the questions which at presel
troubles the School Board is how to o
tain control and possession of the recor'
of the town committee, during the exis
ence of the consolidation, which are
the possession of Rev G. G. Adams, Sc
rotary of the committee, who now liv
out OF town and out of the State and r
fuses to give them up unless paid "a
Isn't this pretty sight, A fine state
AuhirSl lie DodTu - ashCu w pay a.
what rightfully belongs to it. Let Il
Board obtain possession Of the recor
and, II necessary, expend money in Q
der to do so, but by no means shou
they buy them of him.
Another question is, Who should C
lect the tax recently laid by the vote
OF the Holland Hill school district to p'
for their school house, built, as befo
stated, In the Spring of 1886 and befo
the consolidation. 1t matters not mus
who collects it, as 1t must, In any even
come out of the voters of the distric
but, technically and legally, some THU
that It should be collected by the tow
which question In turn turns on the OF
or question, Was there any consolida
ion?--[C Constant Reader.
RAILWAY IMPROVEMENTS.
Plans for the bridge and approach'
to do away with the grade crossing
Eot~aat5 la,,<,f <s,.a ~ thu rnoaf imnOr