Pike County press. (Milford, Pa.) 1895-1925, 1903-01-30
APPLY TO "rAxpArRR"
Comments on the Legal Questions
Involved 4 Counsel for the
Directors EnliRhtsns
the Public.

Mr.. EDITOR -
In last weeks issue Of the PREss
in this column, in response to in
vited communications relative to
1.-THE new school house, there ap-
peared an article which it seems
proper for me 70 answer, so those
interested may know that the legal
question raised concerning, and the
criticism, if it may be so termed, Of,
1.-THE call issued by the school board
of the independent school district Of
Milford to vote on the question of
raising $4,000 for the purpose Of
erecting a new school house" is
without merit Acting as attorney
for the school directors, of said
district, the notice OF election, re-
ferred to above, was submitted to
me by them, and il 1t is not in legal
form, 1 am, and will be responsible
for It.
The "notice of election" the ''call
issued" as so styled. is not the
''statemenr' which is required to be
made under the law, and which,
however, is referred to in the article;
the writer, of which, has confounded
the statement" with the tnotice of
election, " two separate and distinct
requirements of the law. It is the
duty Of the school directors, first to
submit to the qualified electors of
the district the question whether
the debt Of the district may be
incurred or increased to the amount
which they, the school directors,
shall have expressed by their vote,
desire to raise and this question Is
to be determined by the vote of
these electors at public election
and in this "nOtice of election" or
''call issued" it is necessary simply
to set forth sufficient facts to inform
the electors of the matters pertinent
to the subject so that they be may
able to vote intelligently. The
statement" which ''it shall be the
duty of the principal officer or.
officers of such municipality or in
coporated district, to prepare, show
ing the actual indebtedness of such
district, the amount of the last pre-
ceding assessed valuation of the
taxable property therein, the
amount of the debt to be incurred,
the form, number and date of
maturity of the obligations to be
issued therefor, and the amount of
the annual tax levied and assessed
to pay the said indebtedness" will
be prepared and "filed in the office
of the clerk Of the Court of Quarter
Sessions of Pike county" all in due
time, if the electors of the district
determine by their vote to incur or
increase the debt, and the time
when this is to be done is, "before
issuing any such obligation or
security" Therefore, it is quite
evident the writer of the article has
through gross ignorance or for some
occult purpose attempted to mislead
those who may not give the matter
careful consideration and who are
not informed as to the requirements
of the law.
The writer of the article accuses
the directors Of guessing" at the
assessment and suggests that they
may adjust the notice and change
the same in the next issue of the
papers and publish the actual 1902
assessment, etc. In answer to this
1t may be stated, the directors did
the best they could under the cir
oumstanoes in the interest Of the
property owners and electors the
assessment of 1902 had been made,
the commissioners Of the county
had not yet verified the same or
adjusted" It as it is termed. The
directors, therefore, estimated, as
nearly as possible, what the amount
was, and being on the safe side,
stated the same to be about STA, ,OO0
The actual amount as appears by the
now adiusted assessment is e174, 1885,
Not bad guessing, was It?
Now 1 beg to repeat, the action
Of the directors in not postponing
the election notice until the actual
figures could be stated, was in the
interest of the property owners and
taxpayers. for if they had delayed,
even for one week, the publication
Of the notice. a special election
would have to have been held,
eniailing very considerable expense
on the district, and Furthermore She
very purpose and object of holding
the election at this time february
18th next was in order to give the
people a chance to elect two new
directors, with tull knowledge Of
the Importance Of the work likely
to come under the charge and con-
troll Of the board in the near future
7 Now, If this board Of directors were
influenced by s'seihsh motives" Al
y lcnnllnnad on aaonnd paaal