The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-22
POINTS IN THE SCHOOL LAW.
EEpounded By the Attorney General foI
Superintsndsnt stsers

AAHoNuheu hI the ANtuFuau ANuNNAt Tor
superintendent stsere.
Attornoy General Haskell, 40 the request
ot Superintendent Of Publio distraction Il.
A. steers has written an opinion bearing
on several matters OF Importance 10 school
districts. one question was whether upon
tbs creation OF a new school district out Of
an old one, the new one could assume any
part Of the Indebtedness Of the old one.
The alto fney general says u cannot. be-
cause the law has not provided any mode Of
aacsrtaining the Indebtedness or made pro-
vision for ita payment The opinion also
says that there Is no Law By which one
school district may attach itself 90 another
for school purposes. In order 20 obtain ad-
ditiOnal benefits which may accrue. except
by the act Of the superinten dent OF schools
upon a petition presented to him By TIE
requisite number Ct taxpayers In
the district and the approval OF
the board of county commissioners.
This would have the effect OF changing the
boundaries Of one diatriut so es 10 include
both. the lesser being inco porated within
the greater. All property in the new dis
trict would be liable for the existing in
debtedness of both distficts, whether float
ing or bonded. There ia no provision in
the Montana school law for transferring
pupils from one district 90 enother, for a
longer term than one year. the attorney
transfer the school moneys due BY apUor-
ment TO those children 30 the district In
which they attend school. On smother
point the opinion says no contract can be
made except az meeting. and no maeting
can be held unless all are present or unless
the abssnt member had notice; nor can
trustees bind school district for supplies
purchased by them, unless their action Is
authorized a. meeting Of the board Of
trustees,
In regard to the action Of two Of board
Of three trustees in engaging a teacher
without calling meeting and tEen giving
notice 90 the other trustee, the attorney
general says 10 was IN violation OF the law;
but" he adds, 'the teacher 30 employed
is not required 90 investigate for herself,
nor ia she put upon inquiry as TO whether
the trustees had authority TO do SO. She is en-
title to fulnl her contract and could recover
her compensation from the trustees indi-
viduslly, in case Of suiL Tue fact that the
people OF the school district do not desire a
school until spring would NOT be ound for
setting aside the contract with the teacher.
because the board had authority 90 act un-
der the law. They may Determine whether
a school shall be taught in winter or sum
msr or both. II the funds OF the district
warrant it."
Referring 70 the consolidation OF two
school districts, the opinion says the term
of office of all the trustees would expire
and the county superintendent of schools
would fill the vacancies by appointment.
II. however, the boundaries OF one district
are extended TO include those OF auothe
the trustees OF the old district retain their
Office for the term for which they we're
elected. The question as to whether a GER
tih0a,e should be granted girl OF - years
who passes = satisfactory examination, Is.
the attorney genera says, one that rests
wholly within the discretion OF the super
inteRdent of schools.
The questions asked of the attorney gem
eTal by the superintendent of public in
struotiOn we're prOpoHndsd TO the latter by
the superintendent OF schools In RaValli
county.