Year: 1870

schools or neglect Of duty on the part Of
teachers, directors, division superintendents
or other officers.


Fifth. To receire from the State Tar Col.
lcctor all proceeds of any parish school tar
leried by the Police Jury in accordance Nth
this Sor, and to apportion the same among the
several ,card school districts of their parish in
proportion to the number of persons in their
district, bet,ceen the ages OF sir AND t,centy-One
years.


sixth. To make such needful bylaws and
regulations for their own government not
inconsistent with this law, as they may
deem proper.


"The treasurer of the board shall receive
all money on account of the board, and pay
out the same ON warrants signed by the
president, and countersigned by the secre-
tary, and he shall keep correct account OF
all expenses and receipts, in books provided
for that purpose, which shall always be
open for inspection.


"He shall render monthly report to the
board, and an annual report to the division
superintendent, on OF before the tenth day
Of January"


As there is no Police Jury in this city to
levy tax as provided in the case OF coun-
try parishes, it was evidently intended that
any money appropriated by the City COun-
Gil for school purposes tit that body felt
authorized to make such apprOpriation),
might be apportioned by the City Board to
the several wards Of the city.


Does it not appear from this that even
such funds as might come into the hands OF
the City Board would have to be appor-
toned to the several ward boards for the
support of schools under their control, and
to meet the obligations of contracts" with
teachers and others, which the ward boards,
according to section ffty-six, are authorized
to make!


Again, section forty-six authorizes police
iuries to levy u tax not exceeding two mills.
and in case such tax is levied and
collected, the parish board is obligated to
apportion it "amsng the several boards OF
district school directors" etc.
Thus it is shown that the appOrtiOnment
of all school funds, whether derived from a
State tax or from local tax, is to be dis
tributed by both State authority and parish
boards to ward boards, whether in the city
or in the country.


Mr.. Lacey SAYS: "The law, the fitness of
things and the interests of public education
in this city. all favor this (his) view of the
case, and unhesitatingly advise you that
| the appOrtiOnment OF the public school
| money, now under the control of the State
| authorities, should be made to the City
| School Board, and the funds paid to you as
| the treasurer OF that body"
This conclusion can not be supported by
the law, and consequently the fitness OF
| things demands another, namely, that the
| ward boards alone can 'hOld property"
| make Contracts draw all drafts upon
| the State Treasurer, and upon the treasurer
| of the parish board, for money dppOrfi0ned
| to his district. and that the public school
money now in the hands of the State can
| only be apportiOned by the State Superin-
| tendent to ward boards"


| Section fifty-three provides "that in the
years 1870 and 1871, whenever, in any
| parish. any or all of the school districts
shall fail to levy sufficient tax, and make
| suitable provision for at least one school
| house in the district, and for the payment
| of teacher for at least two months. or


when. in any or all of said school districts
| the district directors shall have failed to
| qualify and enter upon the duties OF their
offices before the first day Of December in
| each or either of said wears, the State Super
intendent may. upon the written report OF
| the Parish Board of School Directors, set
| ting forth the facts above named, direct the
| State Treasurer to withhold the apportion-
ment of the State school fund from said dis
trict or districts. and direct him to pay the


same to the treasurer of the Parish Board
| of School Directors for such parish. and
such Parish Board shall proceed to estab-


lish and conduct and maintain public


schools in such districts, and may eXpend
| the funds from the State or parish school


taxes of the district for that purpose"
The Board of Directors for New Orleans


can, under the power given in section fifty


four, do in regard to the wards of the city


what parish boards are authorized to do


under the circumstances pointed out in


section fifty three, but if those circumstances


do not arise the City Board can not ''expend


the funds


draw the following conclusions from my


understanding of the requirements of the


law:


| /. The school funds can only be paid tt


and used by Ward Boards in the city OF


New Orleans


g The Ward Boards have the control and


management of the public schools under an


underlined general authority of the City


Board and of the State Board of Education


g. The school property can only be USED


fer school purposes by Ward Boards.


H. When the Ward Boards have performed


the specific duties required of them in tho


law, the City Board has nothing left for il


to do except to exercise such general super


vision as may not strip the Ward Boards OF


their specific powers.


Very respectfully,


| Your obedient servant,
! THOMAS w CONWAY