The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1893-02-17
The Scho.I Quesiion. 49,

To the Editor of the Bdnner.-DEAR
SIR: 1t is with interest and curiosity in
creasing as the day approaches upon
which the recent acts of Legislature
numbered 20 and 21 respectively, in the
Watchman Company's pocket edition of
the Session Laws of 1892. the official
print not having yet appeared, are to go
into operation and their value be tested
by application. In towns wherein there
are no districts organized under special
acts of the Legislature, the law effects
its purpose without friction and its pre-
visions are ample; but on the contrary,
in towns like our own containing dis
tricts which are organized under spec
ial acts of the Legislature" as we'll as
those organized and existing by author
ity of the general statutes, the situation
is seriously encountered by the oversight
of the Legislature, inasmuch as no pro-
visions regarding them are contained in
the act further than to exempt the for.
mer districts from the provisions of the
new law; by reason of which exemption
the Bennington Graded School District
Is not affected by its provisions further
than indirectly regarding the date upon
which its annual meeting may legally be
called. The charter of the district leaves
that date subject to the general laws of
the State, and provides that its annual
meeting be held the day upon which
school district meetings are held in dis
tricts not organized by special charter.
The act of 1892, by abOlishing the latter
districts and compelling the adoption of
the town system by which the prudential
management of school affairs is en-
trusted to board of directors consti-
tuted as therein provided and elected at
town meeting, abrOgates the necessity of
school district meetings so long as the
act may be in operation, forcing them
out of existence, carrying their dates
with them. But by the exempting
clause of the statute, districts especially
chartered are not affected by its provis-
ions, its repeating clause extends only to
acts and parts of acts inconsistent with
that one, that is which Wight interfere
with its operation, and the school year is
clearly defined as commencing on the
first day of April and ending on the last
day of March of each year. l can see no
reason therefore, why, because the act
abollshes school meetings in towns or
parts of towns falling within its applica.
ton, it should be construed to affect
special districts which are specifically
excepted from its operation. 1t seems
to me also, that the right to meet, DELHI.
crate and discuss its internal affairs and
direct their administration, is inherent
in every corporation aggregate, and
shall not hesitate to call the annual meet
ing of the district upon the day hereto
fore undoubtedly prescribed by law.
The act has also been severely criti-
cised for its silence regarding the method
by which voters entitled to vote for
school directors at town meetings are To
be separated from citizens of the two cor
pOrations who are under the prohibition
of Section % of Act 81. But Section %
of the same act provides that school di-
rectors shall be voted upon separate bal
lots and in separate box, which provis-
ion. coupled with Section 2 of Act No. 80
of the laws of 1884, which directs that
upon such check list" 1.-THE check list TO
be used In town meetings., "shall be
stated against the name of each voter,
the street and number of his residence,
and where the streets are not named and
numbered, the school district in which
he resides" ETC., leaves the matter of
confusion at the polls entirely within the
alertness of the ballot clerks. When a
voters name is called at the gate, the
clerk having the check list in charge, IL
il appears thereon that the voter is en-
titled to vote Tor school directors, should
so inform the clerk holding the ballots,
who will thereupon give him one of the
separate school ballots Co be deposited in
the separate box as provided by the act.
But still more formidable omission
appears in the statute upon reading it
critically, and that is its neglect to pro-
vide TOR the nomination of a ticket for
school directors. Sections 4, 5 and 6 of
the amendment of the election laws. as
passed by the same Legislature, provides
the manner and the Only manner by
which persons may legally be placed up
on the official ballot printed at the pub
lie expense, and the only ballot entitled
to be counted when the election is over.
| The office is not one to be voted by the
town, but en- the contrary, by fraction
of the town only, and Section of the
laat mentioned act authorizes the town
clerk to receive on file and print the
names of such candidates only, as are
nominated in accordance with the proVis
ions of the act, and the act makes no pro-
vision for the nomination of candidates
for school directors by a fraction of a
town to serve as the officers of such frac-
ton only. However, If the knot will not
unite it can at least be cut, and the vet
ers can call their caucuses and file their
certificates with the town clerk, who
will no doubt get out the ballots the
same as though he had an undoubted
right to do it, and the path thereafter is
one of legal rectitude and easy to travel.
III. T. CUsHMAN, 2ND.