The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-10-01
NOR RULE THE SCHOOL BOARD
HER ELECTION TO THE PRESI-
DENCY OF THAT BODY is
ILLEGAL.
THE OFFICE IS A DUAL ONE,
And Women Are Eligible to Offices
Pertaining Solely to School
Work.

when the board met, with the reading
of the opinion of County Attorney Pc
terson. Mr.. Peterson rules her out Of
the board of tax levy, not on the gen
orally accepted argument that a wom-
an is not qualified under the constitu-
ton to hold that office, but on the
novel ground that she cannot consti-
tutionally occupy the position of presi-
dent of the school board because that
Office is dual one, and docs not per-
tain entirely to the management of
schools
County Auditor Miner asked the
county attorney for his opinion in or
der that the board might have the BEN
eft of of his advice before going fur
Their in the business before it. In his
reply, Mr.. Peterson quoted the we'll
known sections of the statute creating
the board of tax levy and the equally
familiar section providing that women
may hold ANY office pertaining solely
to the management of schools"
Of this Mr.. Peterson says that as the
Office of president of the school board
does not pertain solely to the manage
ment of schools, but pertains as well
to the leVying of taxes for all purposes
in Hennepin county, therefore, wom-
an is not eligible to the office of presi-
dent of the board of education. And
consequently she cannot sit as men,
Der of the board of tax levy, by any
method of reasoning.
This construction of the law will, if
sustained, probably invalidate all the
acts of the board of education since
Mrs. Crays was made president, and
will be far reaching in its effects upon
the affairs of the schools. The opinion
is as follows:
Gentlemen; have been asked to give my
opinion on the following question: Can Mrs
Cray act as member of the board of tax levy
of this county by virtue of her Office as presi-
dent Of the school board OF this city? In other
words, can a woman who has been elected
president of the school board act for the school
board on the board of tax levy for this
county?
Section 1 of the act to create board of
tax levy for the county of Hennepin is as fol-
lows:
Section l. There is hereby created and con-
stituted in and for the county of Hennepin a
board which is hereby designated and shall
be known as the board of tax levy and
which shall be composed of the chairman Of
the board of county commissioners, the coun-
cation of the city of Minneapolis, the presi-
dent of the board of park commissioners of
the city of Minneapolis the chairman of the
committee on ways and means of the city
troler of the city OF Minneapolis, and the
mayor of the city of Minneapolis, which sew
eral officers shall be ex-oficio the members
of the said board of tax levy
Section of the constitution of the state of
Minnesota provides as follows:
''Section s.. Women may vote for school
officers. The legislature may, Notwithstanding
anything in this article provide by law
that any women at the age of q years and
upward, may vote. at any election, held for
the purpose of choosing any officers OF
schools, or upon any measure relating to
schools, and may also provide that any such
woman shall be eligible to hold any office
pertaining solely to- the management Of
schools.
This section of the constitution had been
enacted into the law by the legislature of
this state in section 10, chapter 36, of the
General Statutes of 1873.
1t will be seen that the constitution and
statutes of this state provide that woman
shall be eligible to hold any office pertain
ing solely to the management of schools.
According to the section just quoted of the
act relating to the board of tax levy, the
Office of the president of the board of educa-
ton does not pertain solely to the manage
ment of schools but it pertains well to the
levying of the taxes for all purposes for Hen
nepin county. And inasmuch as the office of
the president of the school board of the city
of Minneapolis does not pertain solely to the
management Of schools, woman is not
eligible under the constitution and laws of
board of tax levy.
The matter was not brought before
the board while Mrs. Crays was pres
ent. Mr.. Nye escorted her from the
room, and then presented the opinion
to the members. 1t was decided that
Mrs Crays could not sit as a member,
but might be present as any outsider
could, to give advice. She would not
be allowed to vote upon any of the
matters. AS the law makes majority
of the board quorum, and allows a
motion to pass upon majority vote of
the whole board, legal action can be
taken without the president of the
school board.
Regarding that portion of the opinion
which shows that Mrs. Crays has never
been president of the school board le-
gally, Mr.. Folwell, of the board of tax
levy, said:
Suppose all the members of the
school board were women, which might
happen under the law, who would be
PRESIDENT"
They could not have president
said Mr. Minor They would have to
act with a chairman
John A. Schlener, member of the
board of education, was much sur
prised when the decision of the county
attorney was announced to him. He
said that he could not understand how
such a decision could be made, as it
was the unanimous opin ON of the board
that Mrs Crays was eligible as mem
Der of the board of tax levy. What
would be done about the matter he
did not know, but he thought that a
special meeting of the board would be
called to take some action and that
such meeting would be called fmme-
diately. as the board of education must
have some one to look after its inter
IF Tow low
To Globe representative Mrs.
Crays said that she did not believe
County Attorney Peterson's ruling
would affect her position. She thought
the question of her eligibility would
have to be carried to higher author
ity.
so far as I can see l am exactly
where 1 was before said Mrs. Crays.
Il shall continue to discharge my du-
lust the same as I have been doing I'M
til I am stopped. 1t seems a little
singular that no one has ever discov-
cred before now that I was not eligible
to the office"
will you act at all in the matter?"
was asked.
mo. certainly not at present. I dc
not see that there is anything for me
| to de- I was elected president of the
school board, have attended to the
! duties of the office ever since the peo-
ple put me in, and 1 have no expecta-
ton of backing out of the position.
see no reason why 1 should move in
the matter"
WORK OF TAX LEVY BOARD.
| The Hennepin county board of tax
levy met in the rooms of the county
commissioners yesterday morning and
afternoon and succeeded in doing a
satisfactory amount of business.
When the levies for the various funds
| were submitted and footed up there
IL IL Z L., IL