Amador ledger., 1905-12-15
Law Governing Sixth-CIass Cities.


We publish in this issue the full
text of the law governing municipali
ties of the sixth class. A few amend
ments have been made since the
general law was enacted, the principal
one being to authorize the trustees
to levy 60 cents instead of 80 cents for
the general fund, making the maxi
mum levy rs cents on the 800.
Practically the law as herein printed
Is complete, and will give our readers
a full insight into the powers of the
city officials. This issue of the
Ledger should be preserved by every
property holder and citizen interest
ed, for reference. There are very
erroneous impressions abroad as to
what the mere incorporation of Jack
son means. And there is a wide
difference of opinion among the best
informed class of citizens, as to the
effect of incorporation on several
matters. For instance, some contend
that the boundary lines of school dis
tricts are changed in so far as the
lines fall within the boundary lines OF
the newly incorporated city. The city
boundaries take in portion of three
school districts, namely jackson;
Oneida and Aetna. They leave out a
large territory forming a part of
jackson district, such as Kennedy
fiat and MartelI's. If the contention
that incorporation breaks up pre-
existing lines, and erects the territory
within the city into a school district
be correct, then a very anomalous
state OF affairs is presented. Kennedy
fiat and other sections embraced with
in the old Jackson school district are
cast off and homeless, as far as school
facilities are concerned, and that toe
by an election IN which they had no
voice whatever. On the other hand,
South jackson, which is in Aetna dis
tIict, is cut off from its old time
school associates, and annexed to
jackson. Indeed, residents of that
locality are claiming that they have
a tight to send their children to
jackson school simply by virtue OF
the will of the people as expressed
in the incorporation election. There
are two sections of the code which
seem to support this view. One is a
general provision of the school law,
which reads as follows:
1876. Each county, city or incor-
porated town, unless subdivided by
the legislative authority thereof, forms
a school district; provided the board
of supervisors may include more
territory than that now included
within the boundaries of any incor
porated town.
The other section is embodied II
the law relating to municipal incor-
porations of the fifth class, and
reads:
795. Board of Education-From and
after the organization of each of such
cities, the same shall constitute a
separate school distict, which shall
be governed by the board of education
OF such city.
So that If jackson had incorporated
as fifth class city there could be no
question about the rectificatlon of
school lines by that act. The law
concerning cities of the sixth class
makes no provision for an educational
department. 1t is entirely silent on
school matters; and the only infer
ence to be drawn is that organization
as sixth class city does not affect in
any way the school system. The
boundary lines are not affected either
way. No children are taken into
jackson district, and none are dis
carded therefrom. 1t is true the
general provision above quoted seems
to admit of a different conclusion;
but to make it applicable in this case
would lead to the strange proposition
OF breaking up one system without
providing for another to take its
place. The head of the school depart
ment of the county has the matter
under consideration, and will seek
advice from state authorities before
any definite action is taken.