Evening journal., 1919-07-02

ton 67 which does not accept the pro-
visions Of the new Code. Il may be
possible for the County Board OF Edu-
cation to include In It's annual budget
to be presented 10 the Levy Court Of
the county an amount sufficient TO con
tlnue such school. and Il may be that
the local school committee might con
tlnue 10 perform the very limited func-
tions reposed In the local boards OF
school trustees under the new Code,
but in view OF the fact that the school
itself must be conducted and main
tained in accordance with the pro
visions OF the new School Code, mat
being the only law on the statute
books under which a public school
can be conducted. It is manifest that
the question OF what becomes Of the
school committee OF a non-consenting
school district Is OF little importance.
such school committee has been shorn
of all Of IFS powers over the public
schools, their maintenance, conduct
and government, and the local school
In all respects must conform to the
financial and educational requirements
OF the new Code.
Again. 10 is lncOnceiyable that there
should be a public office existing
where the officer has no duty OF any
kind 10 perform; and while a very un-
usual and inartinci9l way Of accom-
plishing the result. II the Legislature
should deprive a public officer created
by 10 Of an the duties and functions per-
tanning 60 his office and take away from
him all power OF acting as such officer,
IL might be equivalent TO and include
the inferenlial abOlishing Of the office
itself That Is, II the Legislature by the
new school code has deprived the school
districts and school committees OF all
powers previously conferred upon them
by law. and has left no authority un-
der which the district could exist or
the school committee act 10 Is possible
30 construe the new school code as
meaning that all school committees
are abolished. excepting in those cases
where. by special act the school COM
mittee possesses the powers necessary
for conducting the public school. en-
tlrely irrespective Of the provisions OF
any Of the general school laws Of the
State, which are expressly repealed by
the new code.
I'm discussing the matters involved
in this opinion, 70 must be always re-
membered that what is here said. has
no reference to a school district which
by special act has an OF the powers
necessary for carrying on the public
school. This matter is provided for in
the new code by the designation OF
certain special school districts I'm the
- .rrfr a.. ~ -
Education the right TO designate other
special school districts from time TO
time as occasion may require
Whether or not in order 10 meet
the requirements OF the county school
system the Levy Court VIII impOsef
an increased rate OF taxation upon the
persons or property in any school dis
trict is a matter upon which / am un-
able TO form or express any opinion. !
The evident purpose OF the Act, how
ever. is 10 appropriate and apply a ]
larger sum raised through taxation. |
state and Federal appropriation. and
the income ~rOm the State school fund
for educational purposes. ! do not
find, however. In the Act any purpose
TO decrease the annual expenditures
OF any school district, the County
Board Of Education being required 70
consider the peculiar needs OF each
district in the preservation OF at least
as high standards as have heretofore
prevailed.
"While the Act apparently leaves ~
for some purposes optional with GER
tain school districts whether they will
or will not accept the provisions Of
the Act, the advantages under the Act
OF accepting and the disadvantages OF
decl ming TO accept its provisions are
so apparent that, while 10 IS Of course
outside OF my province 10 advise the
course 10 be pursued by your district, |
I am clearly Of opinion that there Is
practically but one course open to you
and that is TO accept the provisions
of the new code.
"As I have stated at the outset the
time given me for the consideration OF /
this very long code has not been suf-
ncient for me 30 exhaust all possible /
means OF inquiry. but the foregoing /
expresses the best consideration I have I
been able TO give the matter"