The Worcester spy. [volume] (Worcester, Mass.) 1898-1904, 1901-10-02


that the school committee is not the
sole judge of how much money shall
be spent upon the schools; because 1t
is to make Its estimate in detail' of
the amounts required, and the mayor
then recommends to the City Council
"such appropriations as he shall deem
necessary" which recommendation
shall not be exceeded except by two
\ thirds vote of the City Council (sec.
16 of the charter)
In order to give effect to all the Ian
guage employed by the legislature in
this section, it must be taken to mean
that the estimates made by the school
committee are subject to revision and
reduction by the mayor, just as are all
other estimates of boards and heads of
departments. But this power of revis-
ion and reduction can not be an idle
phrase, and in order to allow it force,
1t must be regarded, as to that extent,
a further limitation upon the jurisdic-
ton of the school committee.
This Interpretation leaves to the pro-
viso contained at the end of section 20
the effect of enabling the school COM
mittee still to exceed the appropriations
only in case of emergency, not reason
!, ably to have been foreseen or expected
when the recommendation and appro-
priation was made in January of each
year. That this was in general the
opinion of the distinguished lawyer
who preceded me in the office of city
solicitor seems to appear from an opin-
ion given by him to the City Council
March l, 1897, in which he says, Il
think the spirit of the law is that the
right of the school committee to go be-
yond appropriations is a right limited
to emergencies and not to the ordinary
condition of affairs. 1t is clear that the
| CT 10
right to appropriate money for schools.
1t is clear in ordinary cases that the
school committee Is the power which
has the right to eXpend money in its
discretion, but to keep within that ex
penditure is the ordinary rule and most
certainly where there is no case of
emergency to call upon it to overstep."
The length of time hereinbefore noted
as the minimum length af terms for
the various schools Is, however, not a
limitation upon the money which may
be appropriated for public schools by
the cities and towns, as under the gen.
eral statutory power of municipalities
to appropriate money for the support
of schools they are not restricted to
the terms above noted.
1t is a matter Of common knowledge
and a just subject for pride that the
various cities and towns have never
held themselves down to the strict re-
quirements of the statutes. but have
always been liberal in appropriations
for the support Of schools, and to en-
courage liberal appropriations has been
the policy of the Commonwealth. The
action of the people has sprung from
higher motives and nobler considera-
ations than the mere consideration of
the strict legal obligations imposed by
statute.
AS to how much money however,
shall be expended outside the terms re-
quired to be kept under the statute the
City Council is the sole judge, and
school committees have no right in the
absence of an appropriation to pur-
chase books, employ teachers or make
other expenditures beyond such appro-
priations. Whether any schools shall
be kept beyond the time required by
statute, and whether any books and
supplies shall be purchased for those
children attending beyond that time is
a matter depending wholly on the will
and pleasure" of the body vested. with
the power of appropriating money.
Your second inquiry relates to the
relative rights and limitations of the
City Council and the school committee
with reference to the expenditure of
money. The consideration of this ques-
|
been said. The legislature has not I'M
dertaken to specifically mark out these
powers and Separate on exact lines the
respective provinces of each, to any
greater extent than has been before
pointed out. The Supreme Court has
never defined their respective jurisdic-
lions, The authority and power of the
School Committee in the care and SUI
perintendence of the public schools is
important, extensive, and to a great ex-
tent discretionary.
In the exercise of these functions it
must in the last resort be tried by the
test of reasonableness, and several
times the action of school committees
has been brought to this test in the
| Supreme Court.
1t is the duty of the City Council to
make reasonably adequate appropria-
lions and it is the duty of the school
| committee to carry on the schools with
reasonable regard to all conditions
which confront them. There is, how
ever, the limiting power Of the Mayor
| upon expenditures as hereinbefore
stated
In this connection I quote from the
opinion of Col Hopkins before referred
to: Il think it gees without saying that
the school committee has no right, out
side of the appropriations made by the
! City Council, to go further than is
| reasonably necessary in carrying on
the schools in accordance with the re-
quirements of law. 1t is easy to see
where two bodies, each Independent of
the other, as the City Council and the
school committee, and at the same time
each as dependent upon the other, as
! the same two bodies are, invested with
a cooperative duty, that there is room
| for deadlocks. The only way to pre-
| vent them is for both boards to exer-
else their functions in a reasonable
manner with a view to reasonable ne
cessities, and reasonable provision,
and reasonable advance, both in popu-
| lation and in the science of pedagogy,
| and when a deadlock arises which is
made permanent by the refusal of eth
err side to recede, the court has got to
| Judge which is reasonable"
1t is not practicable to give partic-
ular enumeration of the relative rights
and powers of the school committee
| with reference to the expenditure of
money other than the statement of the
general principles which l have out
| lined. leaving each particular case to
be determined as occasion may arise.
I have the honor to be, yours very
| respectfully,
ARTHUR P. RUGG,
City Solicitor.
At the conclusion of the opinion, Mr..
Alden took the floor and spoke at some