The commercial. (Union City, Tenn.) 190?-193?, 1902-03-07
BOARD MEETING.

The regular meeting was held
Monday afternoon at l O'Clock,
Mayor Walker opened the order OF
business by presenting the follow
ing statement:
To meet public necessity the PEG
ME decided to improve the public
school property of the city. TODD this
thew borrowed SIC, 900 and delivered it
to their servants, the Mayor ana Al
dermen, with instructions 10 lncluue
in the proposed improvements sys-
tenn of heating and sewerage,
The Mayor of the city at Uhat ullne
delivered the entire sum OF money 10
the treasurer of the Board OF Educa-
ton.
There can be no doubt but that the
Mayor and Aldermen had the authorl-
ty TO make the required improve
ments: neither is it denied that they
had the power to have their agents
the school board-eXpend the money,
If they. the Mayor and Aldermen, de-
sired. AS the school board c0uld 40
nothing of its own accord, save EN-
ploy teachers, pay them and pay the
| Incidental expenses of running Jhe
school, it was necessary for 1T to nave
speciai authority delegated to 1t by
the Mayor and Aldermen to 90 the
proposed work and pay out money
tt appears that this was not given,
| but it is not claimed thatlt Would LoU
have been done had it not been over
looked by the Mayor and Aldermen;
or had they known or been ADVISED
that this course was necessary.
1t seems that the legal defect referr-
ed to could have been cured by Uhe
Board of Mayor and Aldermen VINO
turned the money over to the School
Board and ordered it paid out, had
their attention been called to IT pc
fore their term expired, and that the
retiring board would have done thls
had they thought it necessary, VIII
not be denied.
am advised by the attorneys Tor
the city that the present board can, II
if chooses. ratify what the retiring
board omitted to do, and thus cure any
legal defect that may exist in cOnSe-
ouence of the retiring board having
failed through lack of information TO
comply with the legal formulas neces-
sary. when they decided to not take
charge of the work and expenditures
directly themselves.
1t scenes to me if the present boaro
should fail or refuse to ratlfy or con-
firm all legal and proper acts OF lts
predecessor, it would not be acting uI
to the full measure OF it's DUTY, and
would not be doing as it would DC
done by,
IT. has been shown, however, that
the school board went beyond the
scope of it's powers, concedlng that
the MayOr and Aldermen had bestoW-
ed on the school board all the powers
it possessed; inasmuch as by the re,
mort of the committee, whose report
Won have heard read, the school boaro
has not only expended the sum de-
liyered to it, that is, the sum OF Slo,'
600. but has expended other funds be-
longing to the city on the improve
ments in excess of the 3d. 900 to the
amount of 50 ,563.32.
1t appears from the report also thai
the School Board has contracted debt:
to complete the work in hand, thai
remain now unpaid, to the amount O
S3, TT .66, not to count the CLOCK a.
500 that is to be paid for by private
subscription.
1t further appears that materia
furnishers have filed claims agains
} the contractor, one Vaughn, for brick
tin roofing and lumber for flooring
and windows used by said Vaughn IL
making improvements on the publ
school building to the amount OF So,
351. 6S, and that said material furnish
ers have also notified the city tina
they rely on the law pertaining to ma
q terial going into buildings wherei
t tha owner Of land on which the huilC
! ings are located is liable to the mate
rial furnishers for the value of til
same.
q In making the contract with sal
o Vaughn it appears that it was the II
tention of the School Board to proteC
itself. and to protect the materi;
. furnishers also from probable loss,
! it was their duty to do by law in dea
V inc with Vaughn inasmuch as it NJ
e only required said Vaughn to eXecut
To it. the School Board bond of S.
= $50 to be forfeited all or in part If sa
e Vaughn should not fulfill his cOntrau
d and turn the building over free fro
debt.
The School Board further protectC
itself against any loss. caused by deli
1 not warranted by the contract in t
IS work being completed by specific
j time, by including in said contract
10 stimulation that said Vaughn shou
1 forfeit $40 per day for every day oy
W the contract time required to do t
m work.
d should not try to legalize acts of t
lc School Board that would not ha
l. been legal had the former Board
Va Navor and Aldermen, or for that mi
lo ter the present Board of Mayor, a
v, Aldermen, done such acts themselVe
lie . If it appears, however, that su
e. acts did not entail too heavy an OF
o lay Of money, it seems to me It won
= be better for the present board to U
~ dertalze the payment of the same, t
De money to come from careful saw
i in the several departments, provld