The record-union., 1891-09-04
UNION HIGH SCHOOLS.
The Attorney General Renders ar
Opinion Thereon.
He Holds the Act Providing for Them
to be CONSTITUTIONAL, and Inter-
prets Its Provisions.

important In view Of its bearing upon
local school elections. He says:
! So many inquiries are pouring in
upon me from all parts of the State in
reference to my construction of the differ
! ent provisions Of the Act Of the LegiSla-
ture entitled, 'An Act to provide for the
establishment Of High Schools i'll the
State of California" (Stats of 1891, D. 1871
that | have thought it best to prepare an
| opinion covering, if possible, every point
| that can be raised.
| In the first place, am of the opinion
| that the Act is constitutional. Article TX
OF the Constition is here quoted.
The first section need not perpleX any
| one, unless to know why it was put into
the Constitution. 1t declares nothing
capable OF enforcement. 1t simply APP
! peals TO the conscience OF the legislature
and instructs the members thereof TO do
as they think best on the subject, which
| they would probably have done of their
! own accord without this solemn conStitu-
! tiOnal admonitiOn.
The fourth and the fifth sections would
! seem TO require no comment
As to Section q | have this to say: 1t
| seems to be the general impression that
| 1t was the intention OF the trainers OF the
| Constitution 20 limit the power Of taxa
! uon Tor educational purposes 10 the re-
| QulrementS OF the common scnOOlS;' TO
Wit: Primary and grammar schools, and
TO leave to private enterprise the educa-
! ton of the children of the country in the
| higher branches OF learning | DO not so
| understand it. Section simply provides
| that the State school fund and the State
! school tax described in Section q shall
! he applied exclusively to the support of
! primary and grammar schools, but it ex-
| pressly provides for the establishment of
! lgh schools, evening schools, normal
schools anu technical schools by the Leg
islature, or by municipal county or city)
/ or district authority, and consequently
FOR taxation adequate to their support
| As TO Section s, l am Of the opinion
| that the last phrase thereOt-"in any OF
the common schools Of this 5tate''-
! means not only the common schools
mentioned in Section 5, but any school
supported by public taxes, State or local
Section 8 relates 10 the University of
California, and is mentioned hereafter.
! The Act of the Legislature authorizing
! District High Schools is then quoted in
full. Statutes 1891, p. IS2.
! The first section Of the Act REQUIRES no
| comment.
AS to the second section of the Act, lam
Of opinion that the petition therein men
! toned need not be signed by hundred
! electors of each school district proposing
! TO unite, but only by hundred electors
of ''such districts when formed. Tho
/ Legislature certainly took notice of the
fact that great many school districts in
/ the State land those, 100, where union
| would. seem most necessary and desira-
! blel are small districts, not one of which
contains hundred resident electors. I
cannot think that it was the intention OF
/ the Legislature t0 ALLOW tho pOpulOuS and
! presumably opulent districts to unite,
and by uniting afford the children
resident thereof facilities for education in
the higher branches, and yet deny the
privilege to the sparsely settled and pre-
sumably) poorer districts, which, more
! than any others. need to combine their
! limited means. and attain that strength
which exists in union. Besides, the
| language OF the section will bear no other
/ construction. ''Such district singular
NUMBER means the district under con-
sideration, viz: the High School District
mentioned in the preceding section, and
! cannot be tortured into the equivalent of
leach of said school districts"
Even the words said and "suchY in
! legal terminOlogy have slightly different
meanings. Said generally refers to
things previously mentioned and which
already exist; such" refers to things al
ready mentioned, but which as yet are
| merely prospective. said district"
would mean a district already organized;
''such district would mean prospective
or proposed district.
am also of opinion that such Dctition
must be signed by a majority of the
1 Trustees Of each school district, for a
| Board of Trustees can act only where the
majority thereof are in favor of the prop
Osition, and by Section Of said Act it
/ will be seen that it is the Boards of Trus-
tees which unite, Boards of School
| Trustees uniting" Uniting means
uniting in the petition, and a Board of
! Trustees could not unite" in petition
! with Others) unless a majority thereof
vote to do so and sign the petition.
The district cOIlli SiOpifX- IFS Ipzirc
! TO enter the union but by the act of ma
jority of its Trustees. These districts
may unite, but the union is to be vol
untary one, entered into by the people of
| each district, acting through their chosen
| Trustees, although, after having peti-
toned toibe admitted into the union, and
| participated in the election, they are
bound, as they ought to be, by the result
of the election in all the districts.
This construction will prevent the
forcing Of a district into an undesired
union, unless by the folly or treachery OF
| a majority of its own Trustees.
In order to understand Section Of the
Act, prescribing the course of study in
the High School, it will be necessary to
examine Section 9. Of Article TX. of the
Constitution.
By this constitutional provision the
statute creating the University Statutes
lS6I-S, page 24S), and all the Acts amend
atory thereof passed prior to the adop-
ton of the Constitution, are made per-
petual. and cannot be changed by the
| Legislature. Indeed, these statutes APP
| pear to be a part of the Constitution. al
| though they are not in it.
| By Section l3 of tho Act last above
cited it is made the duty OF the Regents
of the University ito determine the
moral and educational qualification of
applicants for admission to the various
| courses of instruction"
SO it will be seen that the Trustees Of
| the High School, in determining the
course of study therein, will have to be
governed by the moral and educational
| standard which may be prescribed from
time to time by the Regents of the State
| University
Section 2 of said Act of 1891 provides:
said election shall be conducted in the
manner prescribed by law for conduct
| ing school elections" The manner is
| prescribed in Sections ll60, as amended
in 1889, and 1888, Political Code.
The election must be held at the dis
trict schoolhouse. The County School
superintendent calls the election and ap-
points the officers of the election. Sec
tion 2, of Act of 1S9I.)
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