The Bourbon news. [volume] (Paris, Ky.) 1895-19??, 1908-02-28
PARIS. KENTUCKY. FRIDAY. FEBRUARY 90, 1908

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meant that the profits arising from
the use of 1t would 20 TO the Citizens
Bank, private corporation in which
the people were not interested. DIR.
Lapsley replied, that what | said was
true but the members of the Board felt
that as Mr.. Myall had acted as Treas
urer for several years without receiv-
ing any salary, ne was entitled to the
use of this money that he had allowed
them to over check and had loaned
them money upon the note of the Board
and they felt grateful TO him for those
reasons | explained to them that as
the law provided for no compensation
Tor the Treasurer, it was impossible to
pay him any in the absence of statu-
tory provision; tnat the reason Mr..
Myall was willing to act as Treasurer
Of the Board was that the money be-
longing to the School Fund was de-
posted with the financial Institution
of which he was the Cashier; that so
far as the over-check and the notes
were concerned, there could be no ques-
ton of obligation in such matters when
the Board paid six per cent interest
for the use of the money.
| said to him also that the money
was absolutely at the disposal of the
Board of Education and that it was
free to expend the fund for all legiti-
mate purposes connected with the
building of the school. He replied that
their Treasurer did not have it and
that his Board demanded thai the
money be turned over to that officer
In order to simplify matter, | said /:
- II 4
only question in issue between the
Board of Education and the Board Of
Council is whether the profits arising
from the use Of this money shall go to
the taxpayers or to private corpora
ton in which the people have no in
terest. He replied: THAT is the
only question. This conversation
was held in my Office, in the presence
of William Taylor and Louis Taylor, to
whom / have read this statement anG
who will Youch for its accuracy.
only refer to them and offer the proof
in advance in order that 10 question of
varaciry may arise between the men,
bers OF the committee and myself.
That demand coupled with the threat
to institute suit if it is not complied
with has been presented in writing to-
night.
The only issue involved in this matter
is the one rendered Dy me, on your be-
half, a8d accepted for the Board of
Education by its authorized and
accredited representative, Secretary of
that body. Upon that issue, | feel it
incumbent upon me, as the Chief EX-
ecutive officer of the city, to state my
views. The law upon the question is
not very clear. 1t is provided that the
Council shall call the election and issue
the bonds and it is also provided that
the school can only be built with the
concurrence of the Council. No specific
mention is made of the disposition or
control of funds realized from the sale
of bonds and neither is the authority
of the Council or the extent of the
concurrence required. clearly defined.
1t is possible that under a strict con-
structlon of the statute, the Board of
Education may have the technical
right to demand that this money should
be deposited with its Treasurer. On
that question | am not prepared to
express an opinion. but | have no
hesitancy in saying that there is no
provision-either express or implied
in the law which make it obligatory
or in any way mandatory upon the
Board of Education to insist upon max
iag any change in the place of deposit
of this money, when such change is
detrimental to the interests of the tax
payers; more especially so when the
fund, in its present situation, is abso-
lutely at the disposal of the Board for
the purpose of building the school. 1t
is to be regretted that any controversy
should have arisen over this question,
but when both matters of principle and
the interests of the taxpayers are at
stake, neither should be sacrificed for
the mere purpose of avoiding con-
fiict. Under such circumstances, it is,
! in my opinion, your duty to refuse to
comply with this demand unless you
are required to do so by a decision of
the court of last resort. The opinion
of the Court of Appeals upon such a
question and upon such a proceeding
should prove both interesting and
profitable reading. II, after spending
the money of the people to secure such
result, it is possible for the Board of
Education, oven under the forms OF
law, to take from the taxpayers a
sum of money amounting to six hun
dred or seven hundred dollars and give
| it TO a private corporation in which
those taxpayers have no interest, then
the Board of Education and its mem
bers should be required to assume the
full responsibility of such action. You,
at least, will have. not only the salts
faction of knowing that you have been
faithful to the trust confided to you,
but the approval, as well, of your own
consciences and that of the people
whose representatives you are, and
whose interests you have sworn to
protect.
Respectfully submitted,
JAMES AZ O'RRIEN Mavf1r.