The Oskaloosa herald., 1909-12-02
SCHOOL BOARDS
ACTION REVERSED
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dent may not render money iudg-
ment. For want of jurisdiction. there
fore, this part of the charges is dis
missed.
Part Two.
May school board without authori-
ty from the electors, abandon a
school house in the district and rent
rooms in which to hold school?
The evidence shows that there is
a school house in the district. The
same is sufficiently large to accommo-
date about forty or forty-fiye pupils
about one-half of the pupils in the
district is located on public high
way, over which there is much travel;
and il is not far from the geographic
center of the district. The building
is badly out of repair and has not
been used for school purposes for
more than three years. The evidence
further shows that at a called meet
ing on Sept. 18th, 1903, the school
board authorized its president, Mr.. j.
T. Allgood, TO contract with the au-
thorities of the Central Holiness Uni
yersity for the two basement rooms
in the main University building in
which to hold school.
Now, while basement room is not
usually a desirable place for school
in which the pupils spend all their
az hn wnnln
seem to indicate that in this case the
basement rooms now occupied by the
school are better suited for school
purposes than the old school house
abandoned by the school board. They
are better suited and more desirable
both from point of comfort and
point of healthfulness. They are bet
ter heated, lighted and ventilated
than the old school house and have
a larger and better playground. This
arrangement also makes possible a
closer and more accurate graduation
of the pupils, and by wise division
of the school renders more effective
the work of the .eacher. These rooms
are also more desirable because OF
their close proximity to nearly all OF
the pupils in the district.
II a school board may abandon a
school house belonging to the district
whenever it has an opportunity to
rent better and more suitable rooms
then / think this board did well. But
may a board do this? Let us see,
Sections 2749 and 2750 of the Code
of 1897. give the electors the authori,
ty to make any disposition OF school
house, but nowhere do | find that pro-
vision is made for allowing the school
board to in any way dispose of the
school house or to abandon it and
rent rooms. 1t was evidently the in
tention of the legislature to reserve
this right to the electors.
Section 2774 of the Code Of 1897
names the conditions under which a
school board may rent a room or
rooms. 1t says: 1T (meaning the
school board may, when necessary,
rent a room and employ a teacher,
where there are ten children, for
whose accommodation there is no
school house." NO other conditions
are named or suggested, hence the
naming of those conditions would
seem to exclude all others. A school
board, without authority from the
electors. may not. therefore. abandon
a school house, nor may II rent rooms
except on the conditions already
named-where there are at least ten
children for whose accommodation
there is no school house.
II the school board in this case or
any other desires to abandon the
school house owned by the district
and rent rooms. 1t certainly ought to
follow the conditions Of Section 2749
or 1850 and allow the people the
right to say what shall be done in
the case. II matters not that the
county superintendent attempted to
bring about a compromise In this
case. In any compromise, each OF the
contending parties must yield some
points, and both should meet all the
legal conditions leading up to it,
WHICH Was not uOHS III lhiS NdSr'
In abandoning its school house and
renting rooms, without authority
from the electors. the school board
evidently exceeded its legal authority,
and is reversed.
Part Three.
May a school board hold school on
Saturdays instead of on Mondays
that is. may it disregard the almost
universal custom Of holding school
on Monday, Tuesday. Wednesday,
Thursday and Friday Of each week
and hold the same on Tuesday. Wed.
nesday, Thursday, Friday and satur-
day instead?
School boards are held legally re-
sponsible for the right conduct Of
school affairs. That they may con-
duct the schools under their charge
TO the benefit OF all concerned and
without discrimination against any,
they are given large discretionary
powers and held under certain legal
restrictions. This being true. IL is
no part OF the policy OF this office to
interfere with any act OF any school
board unless IL is clearly shown that
such board acted in violation of the