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

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certain extent controlling the expendi-
lures of the school committee, as well
as those Of any other department, and
that he should be charged with the
duty and responsibility of having a
general monetary supervision of its ex-
in order that he may be In
fact what he is in name, the financial
as we'll as the administrative executive
of the city.
A comparison of the present charter
with the one whose place it took, chap
ter 1879 of the laws of 1866, makes this
distinction especially clear, and en-
portance attaching to the office of
mayor under the new charter over that
possessed by the same officer under the
old. This is particularly significant
when the provisions of the old charter
with reference to the powers and duties
of the school committee are compared
with those in the new.
Section 26 of said chapter 1879 is the
only section in the instrument relat-
ing to the school committee, and de-
scribes its duties by simply saying ii
ence of the public schools" 1t imposes,
all the provisions of general law relat-
ing to that board. The numerous
qualifications contained in the above
enumerated sections of the new char
ter with reference to the school COM
mittee accentuate the changed rela-
lions which the school committee oc-
cupies, particularly with reference to
the mayor
am of the opinion, therefore, that
that authority of the school committee,
speaking generally with reference to
the expenditure of money, is limited,
first, by the veto power of the mayor
as to all votes of the school committee
involving the expenditure of money;
and, second, by the necessity of having
the mayors signature to all contracts
involving the expenditure of more
than three hundred dollars excepting
always salaries.
The power to bind the city by any
contract for the purchase of books,
supplies or any other purpose, is,
therefore, vested in the school COM
nittee acting through whatever agents
1t may choose to designate for that
purpose, and the mayor, except only
with reference to those comparatively
trivial contracts involving the ex-
penditure of less than three hundred
dollars.
OF course, it goes almost without
saying that 1t is not possible to null
lily the provisions of the charter in
this respect by sub-dividing any pro-
posed contract into such separate
bills, as should in each instance be
less than three hundred dollars. To
use the language of Chief Justice
Shaw, this power cannot be abused
or perverted by colorado pretences. p"
For example, a contract which was
in reality for the purchase of thou
sand dollars worth of books could not
be sub-divided into four bills of two
hundred and fifty dollars, each of
which would be valid without the APP
prevail of the mayor.
Bearing in mind these suggestions as
to the correlative authority of the
school committee and MAYOR with ref
erence to contracts, it is necessary to
examine the provisions of general law
in relation to the purchase of books
and supplies to determine tine further
rights of the school committee in re-
spect to them.
Section l of chapter 103 of the laws
of 1884 provides that the school COM
mittee shall purchase at the expense
of the city, text books and other
school supplies used in the public
schools"
Section of chapter 161 of the laws
of 1885 provides that school commit
tees may procure, at the expense of
the city or town, in accordance with
appropriations therefore previously
made. such apparatus, books of refer
ence and other means of illustration
as they may deem necessary for the
school under their supervision.
1t is quite clear, from the provisions
of this last quoted statute, that the
school committee has no authority to
purchase any apparatus, books of ref
erence or other means of illustration in
the schools except in accordance with
an appropriation previously made
therefor by the City Council.
AS to the books and necessary sup
plies which it became the duty of the
city to furnish under the provision of
chapter 1913 under the laws of 1884, a
different question is presented. 1t is
made the duty of the school committee
to provide the necessary text books and
ordinary supplies for the use of the
public schools.
However intimate may have been the
connection between the Massachusetts
school fund and the compulsory age
limit as to maintenance of schools and
whatever may have been the absolute
obligation of the cities and towns as to
for the education of children
heretofore, l am of opinion that since
the enactment of chapter 496 of the
laws of 1898, it has been the duty of
cities to provide instruction in the sub
jects required to be taught in the pub
lie schools for all resident children who
may desire to attend, subject only to
such reasonable regulations as to num-
bers and qualifications as the school
committee may prescribe, for period
of 80 weeks in each year for all COM
mon schools, 40 weeks for high schools,
and such numbers of weeks as the
school committee may determine for
the evening school (secs. l, 2, 8, and
y. These are the minimum limits of
schooling which cities may be per-
mitted to provide. 1t becomes the duty
of the school committee to provide the
necessary books and supplies for all
the children whom it permits to at
tend school during these terms under
103 laws of 1884 This statute
seems to put the matter of school
books under the general law upon
the same ground that salaries of school
teachers rest. By making it the man
datory duty of the cities to provide
necessary text books and supplies, and
Vestlng the power of making these
purchases in the school committee, it
necessarily and by implication. vests
also in the school committee, assuming
however always that it act reasonably,
the discretionary power of determining
what is necessary and binding the city
or town therefor, even though the
available appropriation made by the
city or town may not be sufficient to
pay; otherwise, if the school committee
were obliged under all circumstances
to keep within the appropriations as to
books and supplies previously made for
the purpose by the town meeting or