Arizona republican., 1913-06-29
SCHOOL BOARD CANNOT LEASE
 ARIZONA SCHOOL PROPe


 IL is the opinion of prominent lawyers O Phoenix that th~ board of trustees of School District No could any lease the Central school block for any terms Of years
 This opinion based upon absence of any .uthority to dc so in the laws which prescribe the bowers and duties of boards of trustees. There ale certain things vlich they may do ~ith the consent p1 majority voters election. There other less important things. they may with out such consent.
 They MUST obtain the consent of the voters to purchase sell school sites. There provision election proposition lease Among thr powers which may exercise without reference to the voters are:
 ITO rent, furnish, repair and insure tho school property Of their respective districts"
 While is often used inter- changeably with the word lease legally the term lease" is made apply to the disposition of prop erty. while rent" may apply the acquisition of property by lease to the grant for term. In any event, the position the word rent" the statute prescribing the powers CT trustees along with other words ell signfyIng acquisition. leaves no doubt that the legislature intended to give to trustees only the power property cases emergency: that acquire for the Of the schools the trustees this district have Frequently
 The legislature would have disregarded voters the important leasing valuable property. when required the trustees to the
 
 bond issues. The conferrine such unlimited bower would be contrary public policy. It would permit trustees to favor friends granting leases, They would be wholly without restraint. The pub lie would have redress law.
 The inability the trustees to lease the Cen school block suggested itself Kib- bey who brought the matter to the attention of his partner, Mir. Walter Bennett. The latter after investigation the law, the belief the trustees were without authority to lease.
 The advocates of the leasing of the Central school block had pointed to the examples of Los Angeles Chicago where the schools, they averred were receiving princely incomes leased school property. Pursuing his investigation. AIr Bennett the secretary Of the Chicago school board. nQuring hy what authority it's school prop erty leased The Republican the meantime had directed a similar inquiry the secretary of the Los Angeles board. This paper received d reply from District Attorney Fredericks c Los Angeles county, which he said that school property there was leased by specific authority.
 The political California provides:
 Q education are elected in cities under the provisions of the laws governing such cities and their powers and duties prescribed such laws except as otherwise in this chapter provided"
 The matter thus being left to the cities. the charter Angeles extended to give the following powers the board education that city, which, by the way. is school district:
 TO take and hold otherwise trust property that may have been acquired, may here after he acquired, for the and benefit of the public schools the city, and sell exchange lease any such property, provided that the proceeds of any such sale exchange shall be exclusively applied the purchase of other lots or the erection of schOolhOuses.'
 Mir. subsequently, received a reply from the secretary Chicago board education, whom learned that the property which had leased by that board is school prop erty il that had been . school house site The property is all that is left of Section which. with Sections 36 the government has the public domain in all states for the the public schools. A law Illinois authorizes boards 0 education cities having 2 population Q 100000 lease such property, just the Arizona law authorized county boards of supervisors and school boards, to lease such before became a
 Thus that wherever school property or leased there is express authority to do There is such authority vested in the boards of school trustees of this state.
 n conclusion believe any lawyer of client accept q lease any part of the Central school block.
 these circumstances, would any ordinarily prudent take a lease the property and in vest money which be necessary yield him return?
 Most Absurd Proposition