The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1901-03-31
POWERS OF THE SCHOOL BOARD
WRITTEN OPINION SUBMITTED
BY JUDGE DICKSON.
Holds That the Board Cannot Borrow
Except by Special Authority from
the People.

Judge w II. Dickson furnished his
opinion in writing to the board of edu-
cation yesterday, and charged nothing
Tor his services. doing the work free
for the benefit OF the schools. As stated
IN The Herald yesterday morning. this
opinion is adverse to the opinion rem
dered by Attorney General Breeder.
Judge Dickson. in his opinion. first
taxes up the subject OF what conSti-
tUtes the fiscal school year. and decide,
maj IL is IN no case the calendar wear
beginning on the first of January and
on the 3ist of December but.
as stated IN the statutes; The school
year shaH begin on the first day of Iul,r
OF each year and close on the Iast
Oey -. June of the year following
IN Tire light OF this language Judge
DiessVn can find no justification FOR.
holding that the school year begins on
me hrst day of January for some ptrr-
poses and on the first day Of July for
others
on the point of mourning indebted
ness, judge Dickson quotes section 1875
OF the revised statutes ANY school
district or any board of education of a
city of the hrst or OF the second class
may create Indebtedness for the main
tenance of the schools within such dis
trict or city not in excess Of the taxes
Tor the current school year Pint
no debt in excess Of the school taxes
for the current year shall be created
by any school district in any county
or by the board of education of anv
city of the first or second class in
this state, unless the proposition to
create such debt shall have been sub
mitted to vote" etc.
Judge Dickson's conclusion on this
point is that There can be no doubt
that the term current year occurring
in this section is TO be given the same
meaning as the term current school
year heretofore found in the same
section"
The Judge goes on to say that the
word school" seems to have been in
serted advisedIy by the legislature
making the laY read the current school
year instead OF the current year He
goes into the law very fully, and finally
concludes that.
The board OF education OF this CITY
cannot. at any time prior to the first
day of July next lawfully create any
Indebtedness which will be IT, excess of
the taxes for the school year ending
the S0th day of June next. without sub
uniting the question of the creation of
such Indebtedness 10 n vote of the
PEOPLE. as provided for in the said Gee
ton 1875"
President Newman, in speaking of
the decision. said that he stfu favored
borrowing the money and going ahead
with the schools If anybody would lend
them the money needed without rails
ing the question of their right TO Dor
row: If not. he favored submitting the
matter 20 "A vote OF the taxpayers. Mr.
Moyle WAS of the same opinion. Mr.
Cseoghegan was IN favor of a special
election. as he lad bean from the he
ginning Mr.. CritchlOw and Mr.. Bau-
berger were out of the CITY.
President Newman thought that there
would be meeting of the finance COM
mtttee on Monday, and that a definite
course would be recommended TO the
board Tuesday night, 50 that no time
would be lost in case ii was thought
advisable to hold special election IN
case of ar election. ten days notice
give plenty OF time TO hold an election
before the money ssin on hand would
be exhausted.
ar. Moyie pointed out that even il il
were found necessary 10 hold an cleo
ton there was still much gained by
the law enacted By the legislature IN
the first place, the law enables the