Show THE BOARD OF EDUCATION the board of education met in re regular gu la r session thursday dec 17 with president scoff in the chair the members toem bera in attendance were baldwin duke downey Bay bould new newman man nelson and pratt VACATION GIVEN k petition was received ived from the various schools asking that they be granted a vacation beginning today and lasting until the ath of january next granted LEAVE OF ABSENCE W W barton one ot of the teachers teacher asked for a temporary leave of absence his request was granted resignation ACCEPTED rudolph budolph alff tendered his bis resignation as chairman of the committee on furniture and supplies accepted AT A RENTAL OF 60 50 the committee oo on sites and build ings inge reported that it had bad arranged with thomas jennings to occupy the new room in the hooper eldredge block at a rental of 50 per month the committee had bad also made satisfactory arrangements with mr roberts roberta in regard to the lease of the quarters recently vacated which was ally that Mr Roberte should be secured from low lose through failure to ta re let the rooms A approved approved A EMPLOYED the same committee reported abao arrangements had been completed with john green to do all scavenger wor for the board at a salary of 76 75 per mont approved MONEY FOR FOB JANITORS thi the committee on furniture and supplies recommended that 50 per cent of the money collected for use of school houses be appropriated to the janitor also that the salary of the I 1 ankor of the boards board Is rooms be 2 per month adopted JUDGE DILLON ON THE ISSUANCE OF BONDS the subjoined sub joined opinion was re received C dived from judge dillon relative to the issuance of bonds statement of case for opinion of counsel the following is a statement of the provisions of the statutes of utah and the facts in connection with the issue of bonds by salt lake city municipal corporation po oration ration and the salt lake city school 9 district first the boundaries of salt Lake City are fixed by its charter granted by the legislature ol of utah vol 1 compiled laws of utah 1888 page second the county courts of the several counties in utah were prior to the session of tie the legislature of 1890 authorized to divide the counties nto school districts change the same and create others etc see same volume compiled laws law page also section of school law same volume p pace e and following under this co condition it of the law the county court of salt lake county had prior to the year 1890 divided salt lake city into twenty one distinct school tri tracts ets third salt lake city by virtue virtia of its population kation is a aty mtv of the first crass class fourth at the legislative session of 1890 the legislature of the territory passed an act entitled an act to provide for a uniform system of free schools throughout utah territory approved march 13 1890 this last acta act by section repealed repeal edall I 1 all previous acts upon the subject of schools section of this act of 1890 provides that all cities of the first class and second class shallie sh allbe governed by the provisions f of article 15 of said act and that each df such cities should therefore constitute one school district subsequent provisions of tha act to provide for the election of a board of education in each i of the said cities chles and the ap appointment 0 ointment of f a superintendent of schools in such cities and by sew section ion of said act it is provided that the school trustees of said city together with the mayr mayor thereof shall be a body corporate under the ayame ame of the board of education 0 the city of fifth the act of congress of july 30 section mits the rights of political or municipal corporations county or other au subdivisions bd divisions in any territory of the united stites to incur indebtedness ex beeding 4 percent per cen uto uba of the value of tax able property within such subdivision s upon this state of the law and facts the question arises H r first whether or not for the purpose of incurring indebtedness the salt lake city municipal corporation and the salt lake city school district are one and the same political subdivision the meaning of the act ot 01 Con congress iress and that the power of both to incur indebtedness is limited to 4 per of the assessed value of the property or whether under that act the municipality for its special purposes may incur in debt edness to the 4 per and the school district to a like amount so far as ag the cou congressional gressional limitation its is concerned second if the legislature had bad not consolidated soli dated the awhile jw hole of the city into a single school district by the am aci of 1890 would these separate school districts have been authorized under the act of congress to have incurred indebtedness irrespective of the fact that the municipality for its pur purposes oses might have previously anew incurred indebtedness indebtedness up to 4 per of the assessed property third if the legislature should repeat the provision of the act of 1890 constituting the said city a single school district and divide it into two or more would such districts have the power to incur indebtedness provided 4 percent per of indebtedness on the assessed value of the property had been incurred by the municipality ici of salt lake city for its special purpose 0 OPINION I 1 have carefully considered th the statute provisions provi provit Hons ions congressional and territorial above referred to and am of opinion that the municipal corporation known as salt lake city 1 compiled laws of utah 1888 see sec et seq is not the same corporation VI po r ration lion as the salt lake city school district brict as created and existing under the school act acl approved march IS 18 1890 under the corporate name of the board hoard of education of the city of salt lake within the meaning and purpose of the act of congress of july 30 1886 section 4 24 united states statutes it results that so far as this congressional restriction is concerned each has the power under proper territorial legislative authority tho rity tm incur indebtedness 4 to an amount in the aggregate including existing indebtedness not exceeding four per cent of the value of the taxable property within each of said corporations to be ascertained in the manner provided in the congressional enactment this con olus causon on also result 4 in answering the second question in the affirmative so far as am the congressional restriction is con cernea neP it also results in answering the third question in the affirmative so far as relates to the congressional restriction it is perhaps not necessary to enter into any extended argument in support of the validity of the above conclusions it is my opinion that salt lake city is is i a municipal corporation within the meaning of the congressional act the charge of the schools is not one ot the ordinary du duties ties of a municipal corporation like the care of streets nor does the legislation of the territory including the act of 1890 make education one of the functions and duties of the municipality of salt lake city the school corporation provided for by the act ot of 1890 Is a distinct corporation from the municipality of salt sall lake city and if such school corporation is within the restrictive provisions of the congressional enactment at all it is because it is a political corporation or otar other subdivision of the tb e territory and biot buse because it is a municipal corpo ration I 1 think it ft perfectly clear for example that salt lake county is a distinct corporation without the meaning of the congressional restriction from the city of f salt lake they would be equally distinct if the boundaries of the county and city were identical identical and coterminous in estimating the aggregate amount of indebtedness allowed to be incurred by a county within the meaning of the congressional enactment the debt of the municipal corporation in that county cannot be considered and so converse ly in estimating the amounts amount ot of municipal indebtedness allowed by the congressional enactment the debts of the county or other political subdivision or quasi corporation co ora on are net to be included 1 it t would be impossible to put distinct dist inep corporations po rations occupying in whole or in part we the same territorial area into hotchpotch wa and aply apply the provisions of the tongred congressional enactment these clearl clearly apply separately to each distinct political t 1 quasi oust or municipal corporation see dillon on municipal corporations 11 ath edition see sec 24 and oases cases there cited JOHN 1 F dillon NEW YORK dec 11 1891 in addition to the above the fudge made the following recommendation 1 I add that this precise question so far as I 1 know has never been expressly adjudged and while I 1 have no doubt as to the soundness of my conclusions yet if bonis bonds are to be issued I 1 would recommend if it is practicable that the question be raised in advance by some taxpayer asking for an injunction and let the lower court and the supreme court of the territory decide it theo then if bonds are issued there can be no doubt as to their validity and they would bring a better price in the market 0 I 1 additional TEACHERS the thea committee on teachers an ani su superintendent perin Mil millspaugh lapaugh recommended the employ employment Tent of the follow ing teachers same name salary mrs M U U G major second 10 miss mamie kuhn Eleve eleventh nih 70 mrs tomlinson hunter 66 05 miss nettie gunnell eighth 50 OF C F laying night school 75 mr night school 50 01 OI SCHOOL WORK the committee on school work recommended the adoption of the following substitute for rule 29 truancy is a serious offense and may he pu punishable ni by suspension in aggravated or frequent offenses the truant shall not be permitted to return to school without the written consent of the superintendent the committee also recommended the purchase hasp of a lot ot of chemicals and also that miss kuhn be employed at the eleventh school adopted A LEVY OF TWO MILLS the committee on finance made the following report which was adopted SALT LAKE CITY dec 17 1891 to the board of education your finance committee having estimated the coming years obligations and having had bad under consideration the sub eject of the tax levy necessary to be madi made for the schools of this district the ensuing year have concluded that a levy of two mills on the dollar of the district valuation as assessed will be none too much and therefore respectfully report the following resolved tha in pursuance of law this board of education does chereb hereby certify to the assessor and collector OT of this city the rate of two mills on the dollar of tha assessed valuation of this district as he che tax necessary for fbi the purposes established by law and for the uses and lations of the schools of this district fo for r the ensuing year WILLIAM NELSON HARRY HABBY F DUKE K R W G C T BALDWIN BIAS ALLOWED P F W madsen furniture 78 05 H dinwoodey furniture 67 36 35 walker bros fyler co supplies ies 31 91 chute A hicks coal 10 8 P Tea adol supplies 4 45 Tul lidee co repairs 49 33 E B springer cleaning bu 00 theodore lovendahl Loven daal labor 34 24 00 riepen co repairs 06 05 memo a co lumber 16 15 21 24 hong a hop 10 screed 0 r 16 50 tribune 8 Co pito printing ti 38 39 60 50 B E 0 coffin supplies 8 66 bell telephone co 0 telephone 2200 22 00 J B moreton sa 8 40 coop co op furniture co 0 bookcase 75 00 J 0 U murphy co rubber stam tam bamps tamps ps a 60 50 ff H rowe rent Z 30 08 twenty first ward ecclesiastical society clety rent 2000 20 00 wells fargo oo co s bank interest tor sixteen days a 60 90 total 1103 bs 8 h A an I 1 D adjournment was taken until the first thursday of the new year |