Show SCHOOL LAW discrepancies SALT LAKE CITY aug 3 8 1892 editor deseret news will you yon please help the district school trustees to get a correct understanding of the ideas conveyed in article V section 30 and article XIV section in relation to trustees at our november election also article V section 32 and article 14 section 91 in relation to calling meetings for voting ani and bonding a school district we have read them over ganv and fall fail to make them harmon harmonize fie in fact to our mind as well as that of soma others they conflict baal badly v if you can give us aej any light on this subject you will greatly oblige yours truly J D 0 there Is n section in A tide 14 but we on au voge our orre tent arnt artl article cle 16 in which appears the following see sec the terms of office of all school trustees now in office except the trustees of school distri districts 0 to situated within the limits of cities of first or second class that would expire in the years 1891 and 1892 are hereby herebi continued until the full terms of office lor for which they were elected have expired and their successors are elected and qualified and the terms of office of all county superintendents now in office are hereby continued until the expiration of tho the f full all terms of office for which they were elected have expired this is cited in connection or contrast with be tion 30 of article 5 which is as an follows see sec 30 on the tuesday next after the first monday in november 1892 there shall be elected by the registered voters ref residing idi n in each school district except in school districts districts provided for in article XV of this act ahree school trustees to serve for the term of one year and until their successors are elected ana and qualified on the tuesday next after the first monday in november 1893 and biennially thereafter there shall be elecey by the registered voters residing in each school district except in school districts provided for in artiste XV of this act three tru trustees too to serve erve for the term of two years and until their successors are elected and qualified said trustees shall qualify by taking and subscribing the at 0 th ot of office and giving bonds to the county in which they reside in such sums and with such sureties as the probate judge of the county or a justice of the peace of a precinct wherein some portion of said school district la Is situated may ap approve rove conditioned tor for the taltha discharge targe of the duties of their office said oath of office and bonds shall be filed with the clerk ot of the corn county court the bal ballots lots used at such election shall state the names of the persona or boons and the length of th the term voted for there is ie no such discrepancy between these two sections as will render it difficult to proceed with the election rhe phe trustees oai can be elected at the regular november election as am now provided and the trustees who were elected under the old law whose term of office expires in july will continue coutt nue to hold on until the trustees elected next november have qualified we are of the opinion that the framers of the new law in copying from the old law the provision for extending the term of incumbents from july to november ve aber overlooked the figures ex 1891 13 which ought to have been eap exp expunged ung because they refer to a date that wag w past when the new law was enacted let the trustees whose term expires in july 1892 hold over until the trustees who are elected next november have qualified and the difficulty so far as it appears to us UP will vanish trustees elected under the law of 1890 chope term of office does not expire this year will vill as we understand the law go out of office next november unless reelected now as to the uther discrepancy section 32 provides that see sec 32 meetings for the election of trustees for voting on the rate per cent of taxes to be assessed and on the question of issuing bonds shall be called by the trustees causing notices to be posted in at least three public and conspicuous places within the district at least twenty days before the time for or holding such meeting such notice shall state the time place and object of such meeting and if the polls are to be opened at anc such meeting to determine any question the notice shall state the hours at which the polls will be opened and closed all briness but anesa transacted at such meeting other than that specified in said notice shall be void the voting at such meetings shall be by ballot but section 91 makes these different provisions in le te lation to the call of a meeting to determine the question of issuing bonds sec 91 before the question of issuing bonds shall be submitted to vote in any school district the trustees shall fall a meeting of the voters of such district by notices to be posted in at least five public and conspicuous places in taid aid t i district not less lees than ten days before such auch meeting said notices shall state the time and place of meeting the amount of bonds proposed to be issued and for what purpose se and the time lime in which they shall be be made payable the voting at such meeting shall be by ballot all ballots deposited in favor of issuing bonds shall havle have thereon the words bonds yes e and those opposed thereto shall have lave thereon the words bonds no it if a majority of the votes cast shall be I 1 in favor of issuing bonds the trustees shall forthwith proceed to issue bonds in accordance cor dance with the vote but if less than of majority of the votes cast are in favor a issuing bonds there shall be no further action on the question for one year thereafter the mistake of the legislature in cur ol oj anlon was in not striking out ot of the general provisions at about out calling meetings and voting on school matters in article 6 5 all reference to the issuing of bonds as special provision for this thin to made arade in article 14 but taking the th two sections together and acting on the provisions of both all difficulty may te avoided and the legality of the proceedings ce edings will be preserved that is let the trustees when desiring to bond a school district post notices I 1 in n five public places as required in sect section iol 91 and give at least twenty days notice mw provided tin in section 82 32 and it appears to us that once more the difficulty 1 that arises will vanish of course one part of a statue should be perfectly consistent with another great care should be taken in the preparation and revision of the jaw and when a former statute is revamped or a law of another territory or state is adapted to local needs close comparison of new provisions with the old ought to be made so that there shell he no conflict between them However when there is a disposition to conform to the meaning and intent of the law many ambiguities may be over come and apparent may be softened if not reconciled and made practically subservient to the public interest we are of the opinion that this may be done in the case came under present consideration |