Supreme Court of Rhode Island, 1852

Randall v. Wetherell

Supreme Court of Rhode Island · Decided March 6, 1852 · Greene

2 R.I. 120

Counsel

Rivers, for the petitioners, cited sections 21st, 23d and 65th, of an act to revise and amend the laws regulating Public Schools," and admitted that the statute gave the Commissioner no direct authority to draw this order, but that the act having given an appeal from the Town Committee, who were competent to draw the order, the appeal to the Commissioner carried with it by implication the incidental power to draw the order of payment. The court having intimated that the proper mode of proceeding would have been for the Commissioner to have certified their decision back to the Town Committee, and that upon their refusal to draw an order for the payment of the sums decided to be due, a mandamus might issue to compel them so to do; the further hearing of the case was postponed, that the court might ascertain the views which guided the School Commissioner in his proceedings. The court having conferred with the School Commissioner, their judgment was delivered byWeeden, for defendant.

Opinion of the Court

Greene, C. J.,

(after stating the case.) The difficulty which the Court experiences in this case, results from the 21st section of “ The Act to revise and amend the law regulating Public Schools,” which defines the duties of the Town Committee. This section provides that the Town Committee shall draw orders upon the Town Treasurer for the payment of money due, in conformity *122 with the law; Provided, “ that the Committee shall not be obliged to give any order until they are satisfied the services have actually been performed for which the money is to be paid.” They are to decide when money is due, and, having so decided, to draw an order for its payment. And the 23d section of the same act prescribes, that “ The Town Treasurer shall receive the money due from the State Treasury, and shall keep a separate account of all money appropriated by the State, or town, or otherwise, for Public Schools, and shall pay the same to the order of the School Committee.” These two sections are exceedingly significant. The first prescribes who shall draw the orders, and the other what orders the Town Treasurer shall be bound to pay. The 65th section of the School Act gives an appeal from the decisions of the School Committee to the Commissioner, whose decision is to be final. But the Commissioner, by this section, has only authority to affirm or reverse the decisions of the Town Committee, but has no authority to draw orders ; and any orders drawn by him, are not obligatory upon the Town Treasurer. We think the proper course for him is to adjudicate upon the appeal, and certify his decision to the Town Committee, requesting them to draw the order required, and, if they refuse, a mandamus may be granted to compel them to draw the order.

Weeden for defendant.

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