Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1866-06-29
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Since giving you my opinion and advice on
the questions submitted to me, in relation to
the levy for Public Schools, have made a
further examination of the law, and, upon
reflection, | am not satisfied that that opinion
was entirely correct in allits parts.
The State Constitution provides, that " the
General Assembly shall not pass local. or
special laws in certain enumerated cases, one
OF which is for the support of Public Schools, !"
article 3, sec. 80, and that ''the General As
sembly shall, ut its first session, provide a
uniform system of Public Schools art. 8,
sec 4, and " shall levy tax, for the support
thereof, of not less than 10 per cent. on the
$780," &C., but shall not levy any additional
School tax on any county. unless specially
desired by the county" art. 8, sec. 5. The
General Assembly did, at its first session, as
thus required, pass the act Of 1885, providing
uniform system of Public Schools, and for
lcvving State tax of Is cents in the Sl00,
&C., for the support thereof. In my former
opinion, il seemed to me that sec. of the act
of 1865, page 300, left the Local School Laws
OF this county in force until the first of next
January and, il so, then the act of 865 would
not be operative until after that time, as both
laws could not be in force at the same time,
and the people be subject to be taxed for the
support o.. Schools under both. But, in con-
strung Statutes, we must endeavor to find out
and give effect to the rue meaning of the
Legislature and TO aid US in doing so, we are
10 examine every part of the law under con-
sdcration, and also all kindred laws. The
Constitution says, that no law shall take
effect until the LIST of June next after the SEES
sion at which it is passed, unless it be other
wise expressly provided therein, art 3, sec. 80
The act of 1865 provides, that it shall go into
imniediate effect, page 300, sec. A. but that ey-
iating laws shall continue in force till the
Both Of June next ensuing, and that the then
School officers should remain in Office till the
10th OF the following July and by sec. 3, all
local and public School laws in the code, and
subsequent thereto which are inconsistent
with that act, are repealed.
1t may well be contended, that the Local
School Laws referred to in my former opinion
are inconsistent with this act and by it re-
pealed. and that the Legislature meant that
this act Of 1866 should go into effect fully and
exclusively, as establishing a general system
Of Public Schools. Us designed by the Con-
sfttation, from and after the tenth day ofJuiy
following its passage; and that the 2nd section
referred to, which attempts to continue the
existence of the Local School Laws, and to
suspend, as q necessary consequence, the
operation Of the act Of 1865 until after the Isl
of January, 1867, is repugnant to the general
provisions and purposes of the act OF 1865,
against tue proVisfohSo Oh tue OOHSlllutloil, anu
void.
AS consequences of this view, ifeorrect, the
County Commissioners must be governed by
the act Of s65 exclusively, and must treat the
Local Laws as repealed by it. These results
will follow:
LIST. The County Commissioners must pro-
vide for the levy. collection and pay ment of
the State lax OF IS cents for the support Of
Public Schools, under sec. |, of the act OF
1866.
End. They must levy and pay the salaries
of the several School Commissioners, as pro-
vided by see. i, page 275, OF the act Of S65.
3rd. They must levy and pay the costs
incurred by the School Commissioners in
dividing the county into convenient School
districts, or in revising existing divisions
thereof, page 277, 1865, chap. $780, sub-ehap
4, sec. 5.
4th. They must not make the additional
levy asked for by the School Board, which is
not authorized by the act Of 1865 above mem
toned, and which is prohibited by the Con-
stitution, as well as by the restricted powers
OF the County Commissioners, in the absence
Of plain authority Of some statute. ~
Therefore, advise the County Commission
ers to act on this view of the case, irasmnch
as they cannot have the aid Of judicial con-
struction of these conflicting legal provisions
because it will occasion least public and indi-
vidual inconvenience.
Which is respectfully submitted.
W. VEIRS BOUIC.
The Hon. the Commissioners for
A01f0oDleyU couDfU