The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-01-04
NO WARRANT
FOR PAYING
AMENT'S BILLS
Strang Holds Law Doesn't
Provide Travelling Expenses
OF ANY KIND WHATEVER
Opinion Is Handed Down to
Auditor Baxter.

Guthrie o. T.. Jan. AT the request
of L W. Baxter. territorial auditor, At
! torney General Strang has handed down
an opinion relative TO the payment OF
travelling expenses for presidents of nor
nal schools. It has been the custom of
the board Of education for normal
SCHOOLS heretofore TO pay the expenses
of normal presidents who attended meet
ings cf the board at Eamcnd. In one
or two cases, the expenses or President
Ament, Of the Alva Normal School, were
paid while on lecture tours in Oklahoma
Judge Strang holds that ir his opinion
there is no law warranting such pro-
cedure on the part of the board of edu-
cation and his answer to the question
gives negative replies The opinion in
full is as follows:
Guthrie. o. T., Jan 3. 1902
Hon. J.. W. Baxter, President of Board
Of Education for Normal Schools, GUth-
RE, @. T.:
Dear sir:-This Office is requested to
give your board an opinion on the fol-
loving questions:
''F'irst-Has the board or education Of
which you are president, authority to
allow the president OF the normal
schools. 500 or any other sum per annum
for travelling expenses?
Second-Has your board authority in
Jaw for allowing the expenses Of the said
president on lecturing tours?
'Third-Has your board authority in
law to allow the expenses of the North
western Normal school for attending
meetings of your board?
''The board of education for normal
schools was created by section 8, article
20 of the laws of 1898. This board was.
by section 6. chapter %, of the laws of
1897. given the management and control
Of the Northwestern Normal school, un-
der and pursuant TO the provisions of
the act of December, 25, 1890, above men
toned. This board is a creature of the
statute and possesses no power not con-
ferred by the statutes. and has TO au-
thority in law to do anything that it is
not empowered to do by the statute. con-
sequently nc power TO allow money for
any purpose except as the authority
therefor is found in the statute. The
only sections of. the statute relating to
money are: First-Section 4. Of said art
icle /, chapter 50 Of the laws of 1893:
Section 4: Said board of education
shall have power to appoint a principal
and assistant to take charge Of said
school and such other teachers and Of
fcers as may be required in said school
and fix the salary of each and prescribe
their several duties. they shall also have
power to remove either the principal, as
sistant or teachers and appoint others in
their stead
Section s: All funds appropriated for
the use and benefit of said normal school
shall be under the direction and con-
troI of the board of education subje 10
the provisions herein contained. The
treasurer OF the territory shall pay out
of such funds all orders, or drafts for
money to be expended under the pro-
visions of this act. Such orders or drafts
to be drawn by the territorial auditor
on on certificates of the secretary coun-
tersigned by the president of the beard.
No such certificates shall be given except
such accounts audited and allowed by
the board at their regular meeting
Section 3: Services and all neces-
sary travelling expenses, as hereinafter
board of education in carrying out the
provisions of this act. shall be paid on
the proper certificate out of any funds
belonging to said Institution, in the hands
of the treasurer until the erection and
completion of the necessary buildings. +
The principal assistant, teachers and
board of education and other officers en-
ployeG in said schools. shall be paid out
of the normal school fund and from re-
eeipts from tuition after the erection of (
the necessary buildings. The members i
of the board OF education shall be entit-
led TO 50 per DAY and ten cents per mile /
actually and necessarily Travelled in at
tending meetings of the board
1T viii be seen that the board II edu-
carton has power TO "appont a principal i
and assistant TO take charge 9f said +
school and such other teachers and Off .
GERS as may be required in said school .
ana TO afix the salary CT each and pre- +
scribe their several duties" So Ear as
the teachers are concerned. including the (
principal Of the school, (sometime. but F.
outside Of the statute. called the presi- +
denD. this section 4 IS the only section (
that empowers tie board Of education .
to appropriate money thereto. This sec 4
5ion confers no power on the board t0 ap- +
propriate any money Ter the principal OF
other teachers except for their salaries
ana consequently no power IA appropriate +
money for travelling expenses of any OF .
said geacners, whether on Iecturing tours
,r on other Business, and no power 10
allow any money II payment OF eXpeH ses .
u any principal or teacher 70 attend the
ncetirgs of sad board. section S SAYS
that the funds appropriated fer she use
md benefit of the Normal school shan
be uader the direction ard control of