The Vermont watchman. [volume] (Montpelier, Vt.) 1883-1911, 1893-04-12
The Committee ON Education Explains.

have been bothering town and district
officers, met at Montpelier last week to
interpret the act. AS reported by the
chairman, Fred Arnold, Esq, the COM
mittee was unanimously of the opin-
ion, first, that " as the new law did not
take effect until April 1, the public
money should be divided in March as
usual according to the old law" direct
ing the selectmen on the Friday preced-
ing the last Tuesday in March to divide
the school moneys among the districts
and pay over The same to the district
treasurers. Second, the surplus dis
trict may have belongs, in the opinion
of the committee, to the district, and
the district alone, and the district may
dispose of its surplus by vote as the
majority may order.
The committee settles the contention
as to the cord wood district may have
on hand by awarding that also TO the
district, on the ground that it is not
property belonging to the school-house,
in the sense intended in the phrase
ology of the law, where it declares that
"the several towns shall take charge of
the school-houses and property belong
ing thereto" etc. School furniture,
maps, etc., are property " belonging
thereto" The committee allows that
the directors may appoint one of their
number clerk of the board, as there is
nothing in the new law forbidding such
appointment.
In conclusion, the committee finds
that quite a number of towns failed to
comply with Section % of the new law
(No. Ply, respecting the election of d.
rectors by ballot. In this contingency,
the committee makes the following
suggestion
When questions arise about the legality
of the election of directors we would suggest
that in such cases the directors supposed to
be elected can resign. Then there will be
a vacancy which the selectmen can fill by
appointment. Also in case it is claimed
that any old officers hold over by reason of
the non-election of new director or directors,
legally then let the directors whose term of
Office should expire resign and the supposed
newly elected director or directors resign.
Then there will be a vacancy beyond a
question which the selectmen can fill by APP
| pointment. 1t was asked us in case the di-
rectors in such cases would not resign,
what then? All we can say to that is, if in-
divduals and corporations wish for litiga-
ton, actually yearn for it, they will find
plenty of willing hands to urge them on.
But for the sake of the children we earnestly
hope that differences may be amicably adj.
| justed. Mr.. Smith Of Addison, one Of the
committee who was unable to be present
also fully endorses the above views.
Respecting the surplus in the district
treasury, E F. Palmer, Esq, ex state
superintendent, thorough student OF
all school laws and competent lawyer
says:
The only question OF any difficulty, as il
appears to me. in the execution of the
school laws, relates to the disposition of this
surplus. There is no statute that governs
and therefore it must be decided on general
principles of law. Some claim that it mus
be distributed among the taxpayers, ant
others that it must be turned into the towr
treasury. Now those who claim that the
surplus should be given to the taxpayers
seem to have forgotten that the state and
the towns, with the income of the funds
Huntington fund, lease lands, etc, paid
more than one-half the expenses of the
schools. They paid for the year ending
April , 1892, S371 1864, while the districts
paid 1858, 1861. During the past year the
payments have probably been about thu
same. If we admit that the distribution
among the taxpayers would be just and lie
gal, it will be found, think, in nine case
out of ten, that the entire surplus belong
to the taxpayers of the town and not to thos
of the district; for in most districts the sur
plus will consist of the public money pal,
this spring, or the money paid by the stat
next July. If there is anything to thi
claim, which is very doubtful, it will b
mere nonsense for any one to attempt t
confne the distribution to the residents G
the districts. The surplus money must &
to all who have contributed to it, and i
proportion as they have contributed. Afte
the towns and state have received thei
share, there will not be enough left for an
one to wrangle over. Some men reason a
though the schools at this time were in tn
condition of bankrupt bank that is to b
closed out and its funds divided This is
great mistake and is the cause of many falls
inferences The schools are to be continue
as in the past. 1t would be nearer the trut
to say that the school districts, instead
being destroyed, were enlarged to take /
whole towns. The town directors are til
successors in Office to the district officers
and are to perform all and substantially til
same duties that the district officers have
the past. Therefore, the district officer
should turn over the records and all fund
after payment of debts to the town officer
The WATCHMAN took similar groun
on this point in an article in the issu
, of last week, and it seems TO US ii is tn
view sustained by reason and the fact
: relating to the creation of this surplus