| Show more NORE 49 uon JON THE SCHOOL V r I 1 ALT elt lum bum CITY crry manch march 1510 15 iglo iso B editors deserea jews ain air sir sin pour four our comments which wh ieh ich I 1 h have a reserved es ered conmy letter ietter publish edin i of march 14 leads me to state stata a feh few rei more wore more rules of cor coa and first the courts lorm inform themselves of th the tha pr previous evlom evlow state of tilea jaw before our late act was pamm pam passed M another act hail had bee been IL passed 6 on th till e subject of schools see com corn piled Laws page 2431 2434 L section 3 of that act which was approve approved ed feb 1 I isaas iho tho the trustees shall provide suitable school houses housos and keep depth the gamo same in repair employ tel tei teachers chers and furnish fuel maps elula and other suitable articles for school purposes pin poses hoses and may at their option collect tuition fees establish outhouses out out houses hous es playgrounds play grounds and other appurtenances they are also hereby empowered to assess and collect annually a tat tar of one fourth of ons one per cent on all taxable property pai v w ahm their di district I 1 for school bor gol purposes and shall hape have power tog toj remit faxes taxes to pres prescribe cribe the mannen manner mann ar in which school shall bo be coi col conducted ducted 11 section 4 says whenever more than one fourth of one ohe per peir centner cent per fer shall shaji be necessary to purchase u K build repair or furnish school 00 houses hol eson or for other school purposes an climate of the approximate cost be made alad e by the tru trus s gys aps andee rate per cent maybe may be increased to any sum not exceeding per ver cent per annum as shall be decided lya py a two thirds majority vote of the qualified voters resident in ahe district present at a meeting called far that purpose provided 4 y virtue of the annual taz tax fuerth of oneder ihk jig section theoa of th this a act aci th of non residents shall na liable ble bie to tax for tha payment of teachers ta s bythe by the revenue act so called ferrua y 22 1878 sea seo the laws law that session 1 pago page 22 2 section 33 that portion of section 3 above quoted which I 1 have hare italicized j 1 was as repealed and alid the repeal of that by I 1 a necessary ary implication repealed that portion of section 4 which I 1 have aho ako italicized these two acts the school and rex rey revenue Jaw read together rendered thi power bower of tamati taxation ah by the trustees very veny ambiguous thy you say 1 the only change mado madd in the of that clause mastbe was the mauC reduction tIon odthe of tilo three percent pr to tv two open OPer percent r tau lona lone reads that clause clauso with L corwith or with only the whole which it occurs occurs a marked ehan chan it gd go appears by tho the act of 1878 he trustees v without consulting the to cooki urd jevy levy a tax tat of one fourth foeth pitone percent on n all taxable pro fro y for tho p purposes durpos prescribed cribb in the act the payment 0 ol bleacher eacher eachen thos those 1 among 6 purposes built A the voter koter bablo iut ovett evett W tho lf wt rotc AV y taz te att W kb iw V lone fourth py centa centt the payment of teachers teacher the late act omits to fo say the trustees shall have power to levy a tax 0 of o f any amount without consulting the er ers erb 4 thus thiis bringing the trustees with in the careful scrutiny of their constituents there is another rule of construe tion to which the blurts adhere it is common sense should prevail over strict grammatical rules you say in the arst ola pla think kis his conclusion incorrect that the newspaper rin tin in which publication li ot of notice is to be g gh ven pa fota fora sor tor a meeting tolva to vote on a school tax or for the election 09 ol 01 trAi trustees must have general circulation in the district distri cV judge jeays the word thercie ole Oie reit in said section section 51 5 means the tho district not kot so sa it clearly means the county because it says so to the notice must bo be given in some paper published in the thel county having general therein or by posting postin jr up in three pu public alic pil places in li the district the tho word therein clearly refers to the county and no mention isad is mado made of the district as an antecedent to the word therein lie he further advises both publication and notices sor the purpose ot of clearing the pro ce edings from doubt while wg hava havo no objection to this reit relt it la Is tessible los tos sible sibie we do noh not see bee what doubt there can be as to the legality ol 01 either method alone for the law provides for tor publication or yc posting sting either I 1 Is suM sufficient clent to td answer the laws requirement in this jar yar ti cular nut but IT if notices are posted they must be put up in three public pla pia places cesin in the fhe district while the publication must be in bome some paper published in inthe the county and having general circulation in ih the county countr to we use the j judges own quotation plain terms used in a need no construction 11 now mhd strict grammatical sense of the word therein does efer hefer as aforesaid to the county no doubt about that it is equally clear that a school sch ool district dis brict must inns V be in a county but suppose and it is gerta certainly a su supposable ap case that a ne newspaper W shaper nad had a general circulation ina county but none in the district what then suppose suppo further earther that the notice was wai published in the new newspaper paper nd and a non wonc posted U vp the tho trustees T met three in number and voted the tax tar would it st stand okd tho the test of common sense maxims of jaw like axioms ax loman r geometry con eon need only to be 8 stated to be recognized I 1 duly considered my remar remark katon karon on that point when f apen penned my other othen letter ietter caution mr editor is the parent patent of safety wisdom and prudence are crofit profitable able abie to direct directs better act on certai cental ruty rity than risk dubious points true it is i the tho statute does abes not require the notice to be both boch published and posted up nor did 1 I say it did one will do but if publication in the paper be resorted res to it bo in 14 one that has a genera circulation in the district the primary object of the law on thai that point is td to give notice ficeto to the tile voters and arid taxpayers of what bit lit is to be done atthe meeting cr as well wen as the time annd tind place w which dieh mich place tal be hi the district dist riet fiet though ne neither sections I 4 or 5 says so in in terms terme see sections and aud 3 other parts of or the act do require it legislatures may select such terms to convey their ideas raath reath as they ey ch choose to spell ate correctly noi nop nor to uc use grammatical language when men therefore ansof any ans of these faults appear in a statute the courts look to fhe the purview of tb the e act leab leam learn from the tho act itself its object and intent in tent and as ast before stated if possible so construe lubias was to give effect to each and every part thereof landmake and make it consistent and barmo harmonious with other laws upon the same subject which door dobr may modify it or of may be modified by it in short the ahe courts recognize the right of the legislatures lo 10 leg legislate slate and the legislators isla isia tors to th be consistent men and only onty claim the rights to ty decide consistently they try to th make theer the ir decision consistent vilh thestal ute 11 there til ere is another rule of 61 construe constructions of statutes which is Ls the courts look to the statute itself to deter mine its udean meaning in what should we think ink if ifa a jewl justice of the peace peate who is called upon in his official capacity to determine the meaning of statute was to send for some or all of the members of the legislature as wil wll witnesses nesses to testify as to wh what t they meant by what they thes il ald said aid in the statute or further still what should kettil bethink if our supreme court should send ad for tha the members of if congress to come to court to testify to them as they meant by what w hat they the y said in an aa act of Con congress gressl yet you said when speaking concerning the intent of the legislature and aad and that this was the intent of the legisla legislature turg turp 1 which the judge admits I 1 must govern should be 0 plain to every ong on abo dho was present s nt duning during the discussion of the therill bill iii ili or ot who wb 0 has read the published accounts acco neco lints of the debate debate debato legislators must say mean moan when they pass a law faw now ow I 1 should say a as you said were I 1 to be governed by what several members of the legislature who were intelligent I 1 and truthful told me was waa in the tho act dot Legis legislatures legislate latu r speak only by by their individual members the people are governed by the act not by the journals of tb the e Legislature gas sas to what avas was done and Wha 1 ag said by their members when the act was passed I 1 concur concu with you jou when you s say ay rhe th the a lav lai law I 1 is a good one as far as a it goes goc and we ilo do not believe there will be beny ans real difficulty in carry ing 9 out its provisions we do not suppose pose that in many districts there billue will be any need to ass essa esaa tax for the payment of school teach teachers ers erg there are two sides io to every question and we have endeavored in this case ewe to give both a chance for investigation ti atlon 11 I 1 selected your paper in which to publish my letter for the reason that ikney knew it had an extensive circulation in the territory and I 1 believed the tr trustees of school districts would all or nearly all heartily cooperate operate co cb in carrying out the provisions of the lawi awl further know that yourself the persons with whom you ro associate th the legislators among hwong the number were all ail ti men who iho have the interest of the children of the territory near to the heart A all ali of them have children all ail bellev believe religiously that young children ob ildren lidren without re regard gard to race color condition of servitude or of or barbarism are afe alil aili alike 4 to god and that wio fio no law ought to be passed which brings them or brings iiren olf on unequal grom grow grounds ids yet that does no not t and 1 I 1 think ought not to me or others from understanding v til 0 provisions of the law I 1 go to 6 the act again and notice a few things more which I 1 penned designing to publish it but as no one had asked questions about them I 1 edun expunged ed them from the letter b before beford sending it to you sec 2 and 3 provides for the el election ec of trustee trustees s for the election of trustees the voters mu must t le register reaf ster ed cd voters the act does not state that the trustees shall be rasi residents dents of the district yet I 1 think they must be F itkis ftfe better far better to elec it fc residents A majority vote of the teg registered ered voters is all au that the law requires in my opinion the act by implication requires the trustees fo to learn who 14 in the district are registered voters before the election comes off this knowledge may bo be obtained at the clerks of the county or if the dis exclusive in a city at the city recorders ec dd 4 require requires the voters to vote on the rate per cent to be levied on the property of the district to bo owners of taxable property in the district this Is a lt property qualify camon cason voters though thotis registered who have not taxable arg property ery cry t J inu IEL the district cannot vote alid and adint adult persons who own taxable property in the district I 1 though not registered may vote yote this requires two thirds in number nu niber I 1 to vote for the tax or rate per pr cent tent J f poll taxpayers are out of thi this spart part of the law the language datha of the act is perty taxpayers aj sec see 3 requires the trustees to keep a t see the section it t is cis important that it follows the jaw the law jaw is the guide go by it the trustees are by far the most numerous officers to act under the thel law jaw they are the offis offspring r of th law but fc the root of bf the benefit to grow out of it hence I 1 write tofi tov them arst if they go right thatis that is follow the law jaw the duty of ortho tle the other officers will be easy eam tho trustees f must study and follow the which they act the trustee sand and tho the Count county yand and territorial superintendent of schools are the iho most important om cers ders known to the law they in s they mold they establish the public mind if those duties aro 1 carefully and wisely performed the youth now in being bein kand jand and those til ose yet to be will have wealth and arid morality wealth of intellectuality and wealth of materiality such as property pro erty but if not they become menu haupers jau aper pers and paupers jn in materiality mr editor tho the consequences flow ing from these things wings are so great that tongue cannot tell nor the eye see nor the understanding of man fully perceive the results th though ough seemingly 4 on earth only they may f reach to heaven gods home thank god for the little wisdom the 11 little t 10 nerve and the little material wealth he has given to me and to my fellow servants itis it is good eo far asat goes goos yours truly Z isi biow dw raym rayh 1 aih AIM out dut ABOUT TO yuke SLAKE FINAL JL L feor or who have any und of 0 land business to attend to will do well to call at i the axce of ehas CHAS W 0 2 C M I 1 salt fait lake laka city UT UM before bemore 1 going to the land osso olto or elsewhere he will give ins tsoa haw to proceed raviel 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