The sun., 1901-04-09
CAN CHARGE
FOR TUITION
City Solicitor Gives School Board
an Opinion.
MANY NON RESIDENT PUPILS
There are Just 139 of Them in the
Schools of the City-Mr. 0'Don-
nell Presents Strong
Resolution.
MANY NONRESIDENT PUPILS

AT the meeting of the Board OF Edu-
.ntion last night President Shortlidge
presented and had read the following
opinion from the city solicitor on the
natter of nonresident pupils, in which
he says he is OF the opinion that the
ooard has a right to charge tuition for
such pupils:
Replying to yours of the 3rd, making
nauiry as to the authority of the board
charge tuition for nonresident pupils.
[ beg to report that the charter of the
,oard provides that the board shall
mve control and authority over all the
mblic schools in the city of Whining
on, and shall increase the number and
improve the condition thereof, and to
10 all acts necessary for establishing
md maintaining said schools as they
hall deem judicious and expedient until
here are sufficient public schools to
accommodate all the children and
minors whose parents, guardians OF mas
ers desire for them the benefit
Further the charter provides: They
| the members of the board) may pre-
,clibe and enforce such rules and condi-
ions as they may deem proper for the
omission of pupils to the schools, etc.,
tic.
The corporate name OF ;he board is
The Board of Public Education in
Wilmington" clearly indicates that the
rimal object of the board was to con-
rol the public schools in the city and the
natural inference follows that the board
to provide for the pupils and minors
,ny who reside within the corporate
| limits of the city of Wilmington and i'll
| he limits Of the city are supported by
axes laid upon the real estate within
| he city. 1t was evidently the intent of
| lie law that only the children living
II the city should be provided by the
| ooal,i with school facilities.
i am. therefore, clearly Of the opinion
nat tho Board ofil,ubii"s fihhciiiioh m
Wilmington nhas full authority to pro-
| lbit the attendance of pupils in the
| ,choOls who live outside the city limits.
md further, | consider it the duty of
| he board to restrict the use of the
schools to pupils living within the city,
| xcept when those from without the
| .ity can be admitted without detriment
| II hindrance to the resident pupils, and
hen only by paying Il fixed and definite
| hnrge, so that if they enjoy the prvil-
| ye. they shall in some measure bear the
mrden of the expense of the schools
| hat primarily are for the accommodation
# the children living within the corpor-
te limits of the city of Wilmington,
| md | am of the opinion that the board
las authority to make rules whereby
uition shall he charged for nonresident
,upils. Henry G. Conrad.
| City Solicitor.
/ 1t was referred to the teachers COM
| nittee.
At the previous meeting Of the board
,ction on motion made by Mr.. Fraim
hat the superintendent notify all non
'esident pupils to cease to attend the
'chools after that week. had been de-
aged for two weeks.Th motion was
aiken UP last night and also referred
| o the teachers committee.
Mr.. O'Donncll presented the follow
ng:
Il beg leave TO submit for your
honghtful consideration the following
preamble and resolutions as substi-
ute for the motion made at the last
meeting concerning the nonresident
ipils in the public schools Of Whining
| ON.
| Whereas, 1t has been known fact
% the Board of Public Education of
Wilmington for years past that the city
| uls been infringed upon by admitting
hildren from outside the city limits
which is an imposition on the tax pay
rs of the city and has been a detriment
: o the children of Wilmington by crowd
~ them ont of the public schools of
W city. BE il
Resolved. That on and after Tuesday
"ptpml,rr 3, 1901. and evea'y year there.
ftcr. tho principals of the prima' u
amman and Wilmington High Schoo
hall keep in their respective schools
, list of nl. pupils. their names ana resi-
, "nces and they shall inquire from al
. hl,lren making application for seats
heir names and residences and shomlf
NY nop.rcsi,lpntS he received is pupil.
T the above named schools. the princi
, ais upon receiving information of the
, anne the said principal shall forward
. the respective committee Of tho scho0
pd upon sucl information shall Ills
mss all children who do not resid,
!, vitii,n the city limits from TIL 'ir re
Dective school or schools and that TIL
'oarl of Public Education sustain thci
'ction and he it further
Resolved. That any citizen OF vii
nington keeping or boarding any non
I 'esident child or children shall Shoy
l. certified copy to the visiting conmittc
# f the above named schools that tn
e mid citizen is the legal guardian of til
$ aid child or children, before hey shal
n We received as pupils in tba publ
n choos of the city of Wilmington AM
1t ',e it further
N Resolved. That the foregoing prcam
lie and resolutions shall not intcrfer
With the pupils in the Wilmnaton Hig
School who are attending the same a
I'd he present time.
nj Very respectfully submitted.
III Thos Il. O'Donnel
$. The preamble aud resolutions were T.,
le errrcd TO the teachers committee.
Mr.. O'Donncll read the following lis
howing the number of noii-resder
mnils attending the various schools:
- High School. 36: No. 1, 3: No. 2.
p NJ. 3. 0: No. 4. 6: No. 5. l; No. 6, O; N
Il :. L: No. s. o: 40. .. 6: No. 10, 0: No. /
Il .: No. IL. s: No. 13, 8, No. IA. 4; No. /
es o; No. 16. A. No. II. g.: 20. IS, o: No. /
2; No, 20, o. No. 21, 6; No. %, 0; No. Q