Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1866-06-22
THE SENTINEL.
LOCAL AFFArRs.

'. 1OotS3 rsI., othleS Attorney LOT tntS cOun-
ty, given to the County Commissioners on the
subject Of the school tax, deserves the careful
perusal Of the people. The additional tax Of
ten cents on the hundred dollars, asked BY
the School Commissioners, would increase the
amount paid by the county by about three
thousand dollars. This may seem to be tri-
fling amount to the tax-receivers, but the tax
payers may say, as the frogs in the fable said
70 the boys who were pel,ing them, Though
it is fun to you, it is death to u.s."
We will publish, next week, a more extend
ed view on this subject, by the same gentle
man. -
RocKvILLE, Nd, June IAN, 1866.
The Board of School Commissioners for this
county inform the County Commissioners that
they have this day, june 18th, inst, estimated
and determined that, after the use and applica-
ton Of all other funds receivable by that
Board from the State, as applicable to the
purposes of education in said county, levy
of ten cents in the one hundred dollars upon
the assessable property of the county is neces-
sary, as balance for the support Of Schools
and the building Of school-houses for the next
year, and ask the County Commissioners to
levy the same, and pay over the amount to the
Treasurer of the School Board
The Board of School Commissioners also
present certificate of their proceedings, held
April nth, last, stating that the entire cost oil
dividing into public school districts, and the
publication Of notices, &C., amounts to
1924 so, and ask the County Commissioners
to levy and pay over the same to the Treasurer
of the School Board, as directed by the act OF
1865, chapter l60, sub-chapter 4, sec. 5.
w. II. Farquhar, John T. Deselum and
John N. Soper, present their several accounts
for services as School Commissioners for the
year ending June 30th, instant, and ask to
have them levied and paid by the County
Commissioners.
The County Commissioners have referred
these claims and the accompanying papers to
me, and asked my opinion, if it is their duty
to levy and pay those claims, or any Of them.
Amongst the papers laid before me is what
purports to be an official opinion of the Hon.
Alexander Randall, the Attorney General Of
this State, to William H. Farquhar, that the
County Commissioners are bound to make the
levy. Ihave the opinion of the same Attorney
General given to me, as the States Attorney
for this county, upon the request Of the Gov
ernor Of the State, to whom applied for it,
that il was no part Of his duty, as Attorney
General, to give official opinions to public
officers, with certain exceptions, and he refused
to do so, although he was willing TO make
suggestions as friendly advice. If in this he
was correct, the letter to Mr.. Farquhar Ii
entitled to no official force whatever, merely
because he has appended to it his name,
Attorney General or Maryland.
/ concede to Mr.. Randall legal learning
and great experience in his profession, and
his deliberate opinion, upon a careful ex-
animation OF the facts and law of q case, would
induce me to be doubly cautious in giving q
very dissenting opinion; but, in this case, the
opinion itself shows that he never examined
the law, and | attach no weight to thai
opinion.
The law under which the School Commits
sioners hold their places is not law de jure
deriving itsforce from the just consent of tn
governed" but is a law de facto, and which
myself, in common with all officers of thu
State, have taken an official oath to execute
and which 1t is oCr duty to execute in good
faith until it is duly changed; but we are not
10 duty bound, to close our eyes to the fact
that it was passed by Legislators who were
virtually appointed by the military authori
ties of the Federal government; that it super
sedes q school system established under Law
of ia Legislature elected by the free votes O.
the people, and that it establishes species O
literary monarchy, with cabinet Of poltica
aristocrats, selected by reason of their devoted
partizanship, wrestling from parents their jus
participation in the education of their children
placed under the tutelage of persons in who's,
choice the parents have no proper voice, ant
then making the parents pay, in taxes, jus
such compensation as may be demanded
without reference to the opinions or wishes o
those who have to pay. 1t has no claim t.
our indulgence.
This act Of 1865, chapter 100, page 2ss
section |, says: I" That State tax Of Is cent
on each 500 of taxable property throughou
the State shall be levied annually for thu
support Of the free Schools" and collected ant
t. -
does not, nor does any other part OF this law
authorize and require the County Commissioner
to make such levy; but as it is a principle o
constituting statutes that all kindred laws
even If repealed, may be examined to aid il
ascertaining the intention Of the Legislature
tie true meaning of the law under considera
tion--I find by another law, It is the duty 0
the County Commissioners to levy all needfu
taxes and discharge all claims against th,
county; so, if that section be now in force
the County Commissioners would be tn
proper tribunal to make the levy therein
mentioned But is that section now operatiy
in this county, as law?
On mage 800 Of the laws Of 1865, chapte
100, find section 2repeals all sections Of tn
several articles of the Public Local Laws, rela
tive to levying taxes for shoot purposes, from
and after January LIST 1867. Consequently
until January LIST, 1867, the Public Loca
Laws referred to are not repealed, but remail
in force. and all monies levied for school pur
noses must, In the meantime be levied unde
these Public Local Laws, If at all. This re
auires me to review the Public School Law
Of this county still left, by the act of 1866, il
full yiQor. The Board Of School Commits
sioners shall annually present their estimate Q
monies needful for Public Schools to the
County Commissioners, who are authorize
and required TO levy the sum so estimated
Nd. Code, p. 70s, sec. 95.
The above section is repealed and re-enacte
by the act Of 1862, chapter 275, section 90
with this important addition: " il they [ til
County Commissioned shall deem the sam
Tlevy1 expedient." 1t is well known his
tarical fact that the County Commissioner
then in Office did not deem such levy expedient
when applied for by the School Commits
siouers then in Office, and did not make tn
levy. II is not for me to go into any analyst
of their reasons for SO acting. And it is nov
the duty ofthe present Commissioners to max
any lew. for the support Of common school
OF not, as they may deem expedient.'
This qualification applies as well to the LIST a
other sections of the act Of 1865, and inasmuc
as the act Of 1865 has been permitted to super
sede our Local School Board, and to plac
its appointees into the control Of the schools
and has intercepted the State fnnd- which
with the State levy OF the fifteen cents on tn
several counties, under said first section, goo
to make up an aggregate school fund IN IN