The record-union., 1899-08-04
STATUS OF HleH SCHOOLS.
UNDER WHAT Law THEY
SHOULD BE ORGANIZED.
Attorney General Ford Gives an
Opinion to State superin-
~ tendent Kirk.

Attorney: General Ford Gives an
Opinion to State superin-
80 tendent Kirk.
W. II. hartman, Secretary Of the
Petaiuma Board of Education, recently
addressed a communication to Super
lntendent of Public Instruction Thomas
=. Kirk, requesting an opinion as TO
the status of Boards of Education with
ieiatlon to the establishment of hlgh
schools, under Section 1913 of the Mu-
niclpal Corporation Act, as amended
py the late Legislature. In other
words, he desired to know whether
nigh schools should be organized I'M
DER municipal charters or under the
State law providing for the establish
ment of such schools.
The same question was discussed
pro and con during the session of the
last Legislature, and among the leg
1slators the feeling was that the schools
ought to be established under the laws
regulating public schools.
Superintendent Kirk referred the
matter to Attorney General Ford and
asked for an opinion, and this has
been received, and while the Attorney
General is inclined to believe that such
schools should be formed under the
general law, he suggests that the
courts be allowed to pass on the same.
The opinion, which is an important
one, follows in full:
San Francisco, July 10, 1899.
Hon. Thomas j. Kirk, Superintend-
ent of Public instruction, Sacramento,
Ca.-Dear Sir: Your favor of June
23d was received by me June 10Th.
You inclose communication from W.
H. hartman, Secretary City Board of
Education of Petaluma, from which it
appears that the city Of Petaluma was
organized under the Municipal Cor
poration Act of 1883 as a city of the
fifth class. and that in 1899 Section
1913 of said Municipal Corporation Act
was amended; and you desire to know
in what manner the amendment affects
the powers of the Board of Education
OF cities of the fifth class in relation to
the establishment Of high schools.
Il am also in receipt of a letter from
Frank X. Lippitt, City Attorney Of
Petaluma, dated July 5, 1899, wherein
the same question is asked, but it fur
Their appears from Mr.. Lippitt's letter
that no high school has ever been es-
tablished in Petaluma under or in ac-
cordance with any other law save the
Municipal Corporation Act Of 1888.
In reply will state that in 1883
(Stats. 1883, p. 24) the municipal cor
porations of this State were classified.
and permission was given each mu-
nicipal corporation to elect to come In
under the law classifying them.
This the city of Petaluma has done.
On March %, 1888 (Stats. 1888, p. 93)
the Act providing for the organization,
incorporation and government of mu-
nicipal corporations was passed. I'm
der this Act it was provided (Stats.
1888, p. 263) that in cities of the fifth
class the Board of Education shall
have power:
First To establish and maintain
public schools, and to subdivide the
school districts, and to fix and alter
the boundaries of said subdivision"
This section was never amended un-
til 1899 (Stats. 1899, p. 99), when the
section was amended so as to read as
follows:
First - To establish and maintain
public primary, kindergarten, gram
mar and evening schools, and to sub
divide the school districts, and TO fix
and alter the boundaries of such sub
divisions"
In 1891 Stats. 1891. p. 1872 the Leg
islature provided for uniform Sys-
tenn of high schools throughout the
State. and in Sec. l thereof provided:
Section 1. Any city or incorporated
town of 1000 or more inhabitants may.
by majority vote of the qualified cleo
tors thereof establish and maintain a
high school,"
In the same year (Stats. 1891, p. 80
the Legislature provided for the estab-
lishment of county high schools. In
1893 (Stats. 1893, PIP. 236-276 these
two Acts were repealed and three new
sections were added to the Political
Code. Section 1869 of the Political
Code thus added provides that high
schools may be established and main
tanned as provided in Secs. 1910 and
1871 of the Political Code. Said Sec.
1911 (Stats. 1898. p. 216) further pro-
vides that all proceedings for the es-
Establishment Of county and union high
schools shall be valid. and said high
schools shall continue under the law
under which they were established I'M
til July 1. 1893. when they should be
conducted in accordance with said sec
tons added in 1893.
In 1895 these two sections were
again amended Stats. 1895, p. 29:0
and Sec 1871 of the Political Code
Stats. 1895. p. 300 provided that
county high schools heretofore estab-
lished should be legal and continue I'M
til July l, 1895. under the law under
which they were established, when
they should be conducted in accord
ance with said Act of 1893.
In 1897 Section 1910 of the Political
Code was again amended in certain
particulars.
From the foregoing it clearly appear
that prior to the amendment of lSG)
to the Municipal Corporation Act there
was upon the statute books special
provision relating to the government
of high schools in municipalities OF
the fifth class, and there was general
law providing for the government OF
high schools throughout the State.
Were the provisions Of the Munic-