Waterbury evening Democrat., 1903-08-20
BUCKS HILL SCHOOL
Two Expert Opinions on Question of a
 New Building.


 was transacted at the meeting of the board of education held last evening. An opinion was read from City AttOr- ney Kellogg on the boards power in the Bucks Hill school district matter. The board wanted the district to build a larger school house and promised to give the people there another teacher, which would make two, provided the httendance averaged thity-five. The matter was voted down by the dis trict at a special meeting held a few evenings ago. Nevertheless, the board wished to find out what author ity it had in the matter, because in Su- perintendent Tinker's opinion a new and larger building is soreay needed. Following is the communication from Mir Kellogg:
 Waterbury, August 5, 1903. To the Honorable Board of Education,
 City of Waterbury.
 The following communication hay ing been received by me as city attor ney from the clerk of your board, viz:
 Board of Education
 Waterbury, Conn. Mir JohH,P. Kellogg, City Attorney.
 Sir-At a meeting of the board of education held August 3, I was in structed to request your opinfon as to the proper mode of procedure of fhfs board to compel the Bucks Hin school district to erect suitable building. The board of education consd ders tho present building unfit fer school pur- poses and offered the district commit tee two teachers provided they erect n new building, the present building consisting of only one room and only one teacher being employed, compel ling the children of advanced grades to walk an unreasonable distance to the nearest city school. A majority of the residents of said district favor the new school, but as it requires a two-thfrds vote to erect a new build ing and as minority exceeds one third, they are power1ess bo do so, and have appealed to the board of education. which board has promised to do all in it's power towards the erection of a new building. Therefore the board respectfully requests that you a1vise them what authority they have in the premises. Yours very truly,
 
 would respectfully advise you that cannot find that your board has any power whatever to compel this school district to erect school buaIding. Tn the consolidation act of 1901 it was distinctly provided that the several school districts of the town of Water bury should remain as school districts with the same territorial Iinaats, rights, powers and obligations as then existed. All of the powers conferred upon yosT board by the consolidation act were given in section 13 of that act, providing that the board of edu- cation of said city shall, on and after the first Monday of January, 1902. have and possess all of the powers and duties vested in town school visi- tors by the general statutes. Tn towns where there are separate and distinct school districts not consolidated, the town schOoI visitors have never had the power to interfere with school districts in the building of school houses within such districts, except to pass upon and approve plans. Tn the present case, however, if a majority of the residents of said dis trict favor new scaooI, as stated in the communication of your clerk, they have full power to obtain such school building andsthe above communication is in error in stating that they are poweriess to do so.e
 Section PITT of t1re general statutes provides, among other things, that a school district has the power to 'Fbufld, purchase. hire and repair school hogses.'' Section 220o provides that school district by a twoEtlFr1s vote, may fix or change the site of a, school house. but if such two-thiTsfs vote cannot be OfEtained in favor of | any site, then, upou the application of ] fhe district. which means of course by majority vote of the district, not a two-tl1irds vote, the school visitors of l any town adjoining the town in which slrcf district is shall. after con- ferring with the school visitors of the town in which the district is sftuated l fix the site.
 Sections fiji and 4112 of the general statutes provide for the taking of land fixed upon as site for the school house by condemnation proceedings If it is the case, therefore that par ties will not sell land suitable for a site for such bUi1iing at reasona ble price, the land can then be condemned by application of the district to the superior court. Respectfully. JOHN F. KELLOGG,
 City Attorney.
 The board also received from the secretary of the state board of ednca- ton an opinion on tine matter, of which the following is copy:
 Hartford. August il. 1903. MT T. J. FitzgeralG. Clerk Board of Education, Waterbury.
 Dear Sir Replying to your letter of August 4 containing the vote of the board of education, would say: To change the site of the school house the law requires a two-fhirds vote of those present and voting at the meeting at which the question is considered.
 If the two-thfTtfs vote cannot be ob- tai1fed for the change, the school vfsi- tors or proper school officers of the town may apply to the school visitors of an adjoining town and the site may be fixed by these outside school off,