The Nome nugget., 1901-11-02
SCHOOL
 BOARD Wins Gut as Against the City
 Council.
ARE :iK C0NTR0L
Of All Matters Appertaining to the Conda:ct and Control of Schools iE Nome e-City Council CannGt ;n Any Way Interfere With tl.e Board.

The contention between the school board of Nome and the city council, as to who shall have control and manage ment of the school funGs, was set at rest this morning, when Judge Wicker . sham, of the district court, handed down an opinion in the case of Bruce and Chambers, trustees, versus N. E. SOlner, as treasurer of the city of Nome. The opinion favors the con- tentions raised by the school board, Judge Wickersham holding that the city council of Nome has no authority oscder the treasurer, as ex-officio treasurer of, the school board, to pay any sums of money out of the school fund, for any purpose whatever-much less to pay portion of the salaries of the town clerk and town treasurer.
 Some time ago the city council by ordinance instructed the city treasurer to pay $50 per month from the school fund toward the salary of himself and that of the city clerk. The school board objected and friendly suit was brought to determine the. respective powers Of the school board and the council. The result is complete vic tory for the former,
 Judge Wickersham' opinion gives eI "lence of being most thorough and comprehensive. He says,
 "'The case presents some anomalous features. and the court finds few prece- dents to assist it in tine determination of the important questions .,at issue. ,frhe statutory provisions are very gen. eral in their phraseolOgy, and the case must be determined wholly upon the construction given to them by the court"
 The sectionsof the. civil code giving to the common council certain powers are cited, and it is held that the fourth clause of section POI imposes the duty | and power of city councils to provide ''by ordinance for the maintenance of public schools" by taxation and by such other methods of raising money |.as is necessary to meet the require ments. No other duty or power is given to the common council, says the opinion, until the clause of the act is reached which provides that "the money received by the treasurer of the corporation from the clerk Of the-eourt for. licenses shall be used, under the direction of the council, for school pur. ,poses.''
 The court states that. the only power which>th common council has in the management of the public schools under the statutory provisions is the legislative duty ofpsoviding the funds necessary for their maintenance. Their duey isYlesslative and neither minis tedaLnOr' executive; the duty. of the school board is ministerial and execu tive. It has the exclusive supervision management and control of the public schools and school property within the sad corporation"
 "It must be a fair construction tosay too; that the school fund is a, part of the school property within the said corpor ation,' and if that is conceded ther section POP gives the exclusive sprer' vision. management and control there of to the school board"
 "The school beard of Nome is tn: only body having authority to expent the school fund; it is the duty of the board to employ teachers. provide fol school buildings, and to manage anc control the public schools and 'schoo Lproperty, so lang as there is fund fo] the maintenance of the same, der!ved either through ordinances passed bl the common council of Nome or from the funds received from the district clerk"