The Oskaloosa herald., 1909-12-02
SCHOOL BOARDS
ACTION REVERSED
Renting Basement Rooms In c. H. u.
Is Held Illegal.
SPRING CREEK DISTRICT NO. 10
Decision in Appeal Case is Given by
County Superintendent Charles
n. Young, After Due De-
liberation Today.

Reversing the action of the board
of directors of School District No. 10
of Spring Creek Township, east of
Oskaloosa, so far as it applies to the
abandonment of the old school house
and the renting of basement rooms
in the main building OF the Central
Holiness University instead of for
public school purposes, and affirming
the action requiring the holding OF
school on Saturday instead of Mon.
day, County Superintendent Chas. H.
Young has disposed of the controver-
sy pending before him upon an ap-
peal brought by w. H. Gilchrist and
A. #. Deck from the action of the
board of directors of the district.
The complaint against the payment
from the school fund of money for
transportation from Missouri to Os-
kaloosa and for institute and examin-
ers, was dismissed by Supt. Young for
lack of jurisdiction.
The decision practically compels
the repairing and reopening Of the old
school house or the holding of a spe.
cial election to ascertain the will OF
the people in the case. The latter
method would undoubtedly result in
continuance of the present system
as the Central Holiness University
people are In majority in the dis
tIict and would easily control the
election If they so chose.
Supt Young has had the matter
under advisement for several weeks
awaiting an investigation of the legal
points involved by County Attorney
Jas. G. Patterson and Attorney Cen
eral Byers, both of whom were con-
suited
Saturday School illegal.
From the opinion of County Supt
Young 1t is easily seen that he be-
lieves no school board has any legal
right to permanently change the Or
binary custom Of holding public
school on Monday, Tuesday, Wednes-
day, Thursday and Friday, and he af-
firms the action of the Spring Creek
Dist. No. 10 school board only so far
as it applies to school held in the
University building and under pres
ent conditions.
AS the case has created consider
able discussion and involves several
fine points of law Of considerable
Importance to the public school pat
rons of Iowa, the opinion Of the Coun-
ty Superintendent is given in full:
The Decision.
State of Iowa, Mahaska County, IS
w. II. Gilchrist and A. F. Deck.
Plaintiffs,
The Independent School District of
Spring Creek No. 10. Defendants.
In this case the plaintiffs charge
that the defendants:
"a Have used part of the funds
of the school district to pay the car
fare and examination fees of one OF
their teachers.
(2) Have abandoned school house
in the district and rented rooms in
which to hold school.
(3) Permit school to be held on
Tuesday, Wednesday, Thursday, Fri
day and Saturday of each week in
stead of Monday, Tuesday, Wednes-
day, Thursday and Friday, as is Gus,
tomary.
II is readily seen that the charges
naturally divide into three parts, and
can only be passed upon in this way.
shall pass upon each part separate
ly and in the order above stated.
Part One.
May a school board use the funds
of the school district to pay for the
car fare and examination fees of one
of it's teachers?
The affidavit charges, that said
school board have wrongfully and un'
lawfully been diyerting and expanding
school district In that they agreed to
pay for the car fare of q teacher from
Missouri to Oskaloosa and her exam
ination fees and using the teachers
fund for that purpose"
The records OF the proceedings OF
the school board at called meeting
on September 18th, 1909. as given in
the secretary's book, offered as evi
dence in this case, says, "The presi'
dent was authorized to contract with
Miss Mary e. Adams to teach first
room for months at $45 per month
plus 80 per month of institute expen,
ses"
The two practically agree, at least
that the 81 per month are to be paid
out, but not for teaching. There can
be little or no question, then, as to
the facts in this part of the case
There Is, however. question OF author
ity. A question of this nature would
certainly belong to the courts and not
TO this office. since decision on the
same would be equivalent to money
Judgment. but the county superinten
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