Name/Title
Gray Letters 1858 06 17Entry/Object ID
2024.10.1.66Description
The image displays a draft letter dated June 17, 1858, from Honorable Andrew J. Moulder, the State Superintendent of Public Instruction in San Francisco to Samuel Gray in Benicia. It in response to Mr. Gray's question related to school policy, specifically regarding the powers and duties of the City Superintendent and the Board of Education as defined by a School Ordinance from July 1857.
In the letter, Moulder addresses questions about the authority conferred by a statute, particularly concerning the drawing and disbursement of school funds from the County Treasury by the Common Council. He discusses the legality and scope of submitting contracts to the Council and analyzes the interpretation of school law sections. Moulder argues that the Council should not restrict actions not explicitly detailed within the ordinance, suggesting a broader understanding of granted powers.
The letter discusses the legal implications of granting powers to municipal corporations and the limitations that can be imposed on such powers. It argues that if a municipal body, such as a Common Council, grants the Board of Education the authority to hire and compensate teachers, any subsequent additional restriction that contradicts this mandate would render the grant void. Furthermore, it elaborates that imposing constraints on these granted powers would result in absurdity and inconsistency with the original intent. The document contrasts limited and full powers, emphasizing the legal missteps in converting expressed powers into mere recommendations, illustrating the need for clear legality in municipal governance.Collection
Benicia Historical Museum Collection
