Pittsburg dispatch. [volume] (Pittsburg [Pa.]) 1880-1923, 1890-05-22
OIL AND EDUCATION.
Peculiar Suit Brought to Test the
Powers of School Directors.
WHAT THEY CAN AND CANNOT DO.
Drilling for Petroleum on Township School
Property.
LAWYERS OPINIONS ON THE SUBJECT

II the proposition of A. B. Young to pre-
vent the drilling of school lot for oil in
Robinson township does nothing more, it
will have the effect of calling widespread at
tention to the school laws; and though it
may be, as some hint, that Mr. Young is
more solicitous to prevent the tapping of his
big gusher than to preserve intact the sane
tity Of the buiwark of American liberty, all
the same the discussion OF the subject ID
timely.
1t is so simple, like the two-syllabls
words that people misspell while they can
spell the hard ones, that even many lawyers
who have not had occasion to examine the
school law are at sea. They must be, for
they are Numerically opposite in their
views regarding school directors functions
and powers. They were picked up yester-
day just as casually encountered. As
rule, they did not profess to speak ex cathedra.
SOBER SECOND THOUGHTS.
BIC. Christy at first said school directors
had no power to have the well put down,
but subsequently he seemed to think there
wouldn't be much wrong in leasing to an
outside party, provided the lessons share Of
the profit were to 90 to the benefit of the
school. 1t would not be gambling trans.
action, at least not so far as the directors
are concerned. as they do not put any money
into the venture.
c. E. Cornelius, at first blush, opined that
the directors would have 10 power to lease,
but on second thought said that if they
were to find pot of gold in school property
and no owner turned up, the gold would be-
long to the school, and so, he thought, would
a pool of petroleum. He didn't know but
that directors would be culpable if they re-
fused to swell the revenue of the school dis
trict when they had opportunity.
THEIR POWERS LIMITED.
William Hunter said there was no au-
thority TO lease; that school directors had no
power except to manage the schools as
directed by law. They have no authority
whatever, except by necessary implication.
He added: 'You know, they wanted to
drill on the Reform School property, but
didn't"
n. W. Shafer could see no harm in the
proposition, if the money expected to be
realized were to be devoted to furthering
the interests of the school.
John D. Watson, who has made a study
of the matter in his experience as a Belle
vue borough father, was very positive the
directors had no power to lease without con-
sent of the entire body of taxpayers of the
district, and then he said he would not as
lessee take the responsibility Of putting
down the well. Said he: "Suppose the
salt water should rise and destroy the
schools supply of drinking water, some one
would suffer-" Mr.. Watson holds that
school directors are only executors of a
trust, and can do nothing unless prescribed
by law. He argues that if allowed to have a
we'll drilled, they might also
GIVE A BALLooN-AsCENsIoN
show, or start store, or do almost ANYTHING
else to make money for the school, and
said the matter did not admit of argument
He held that schools were maintained for
specified educational purposes alone, and
the manner in which they were to be sup
ported was provided by law and every step
in the directors course plainly pointed out.
He further held that directors had no right
to allow school houses to be used for lecture
or concert rooms, or for the holding Of
borough council meetings, or for religious
meetings. Nor could he find any
warrant for the use of school buildings
for the purpose of holding political
meetings whether Of the Republican,
Democratic, Prohibition. .Greenback or Social
Democrat organizations. School directors
may purchase, sell, levy taxes and do many
other things necessary Tor the support of
schools, but they are all specified in the law
and directors are not given the power to
lease school property for the purpose of rais-
ing revenue.
IT rs NOT DISCRETIONARY.
Judge Fetterman did not think school