Amador ledger., 1905-12-22

ed, the state superintendent of public
instructions. L. j. Kirk, has address
the following comm unication to the
head of the school department of
Amador county.
Dec. 10, 1905. e
Supt. George A. Gordon,
jackson, Cal.
Replying to yours of the 18th
inst, let me say that as l construe
the law if the portions of Oneida and
Aetna school districts have been in
cluded in the newly incorporated city
OF jackson for all purposes, then the
school interests of the parts so taken
from these school districts are the
same and the children living in those
parts have the same rights and priviI-
eges as those living in any other part
of the city. Section 1876 stipulates
that every city or incorporated town
shall constitute a separate school
district. The same section sets forth
the provision for including territory
adjacent to city for school purposes
only. Presuming that all the law in
the premises has been fully complied
with in esta blishing the city of Jack
son, can see no question as to where
the children living in different parts
Of said city should attend school.
The law with reference to the time
for the formation of school districts
was amended at the last legislature.
See Section 1877 of the Political
Code. as amended in 1905. found on
page l6 OF the special pamphlet which
l have issued.
So far as the apportioning of money
by the county superintendent, l am
of the opinion that he must apportion
it in accord with figures and COZ
ditions that existed at the beginning
of the school year and so continue
until the next April school census.
The only doubt that l have in the
matter, and this you should be able
to determine, is whether or not you
have in jackson city newly estab-
lished school district as meant in sub.
4th of Section 1858, as amended by
the last legislature. l cannot believe
that jackson city is newly estab-
lished school district as contemplated
| by the provisions of said sub. 4th of
| Section 1858 referred to. Ii not, then
Oneida and Aetna districts should
receive their moneys for the present
| school year regardless of annexation
of portions of their territory to the
city of jackson.
Under separate cover | mail YOU
copies OF amendments to the school
law. Ii l have not made myself clear
on any point or if there be further
questions which you desire to submit
on the matter, write me; and l
remain. Very truly yours,
Thomas j. Kirk,
Supt. of Pub. Inst.
| The opinion is not very clear on
the questions involved. The vital
point, as regard jackson is, whether
the boundaries of jackson school
district have been changed or affected
IN any way by the favorable vote on
the incorporation Issue. If territory
that was not included before has been
taken in-such as portion of Aetna
and Oneida school districts; it follows
also as logical deduction that terri
tory that formerly belonged to Jack
son district, and not included within
the city limits, has been excluded.
The district of Kennedy fiat and
Martells station is or was a part of
Jackson district 1t is likely that
there are more children within the
excluded territory than there are
withia the annexed territory. Accord
ing to the state superintendent con-
struction of law, Kennedy fiat is
voted outside of any school district,
and that too without their wishes
being consulted in the least degree.
They can come into the district from
which they have been so unceremon-
iously ousted only by petition to
and act of the board of supervisors.
1t is certainly an anomalous state of
affairs. If the state superintendent
opinion is correct, there being no
board of education provided for cities
of the sixth class, the present board
of school trustees would take charge
OF school affairs of the city school
district. Before any definite action
is taken it is like that the opinion
of the attorney general will be sought.
The section of the law referred to by
the state superintendent reads as
follows:
Sec. 1876. Every city or incor-
porated town, unless subdivided by
the legislative authority thereof,
shall constitute a separate school dis
trict, which shall be governed by the
board of education or board of school
trustees of such city or incorporated
town; provided, that whenever a city
or town shall be incorporated the
board of supervisors of the county
may annex thereto, for school pur-
poses only. the remainder, or any part
of the remainder of the district or
districts from which such city or
incorporated town was organized,
whenever majority of the heads of
families residing therein, as shown by
the last preceding school census, shall
petition for such annexation; and
provided further, that the board of
supervisors may include more terri
tory than the remainder of the dis
trlct or districts from which the city
or incorporated town was organized,
whenever petition for such purpose
is presented to them, signed by
majority OF the heads of families, as
shown by the last preceding school
census, residing in such additional
territory. When said remainder, OF
part thereof, or said additional out
side territory, has been annexed to
said city or incorporated town, it
shall be deemed part of said city or
Incorporated town for the purpose of