The Van Buren press., 1873-09-09
The School Fund.

Tho Little Rock Gdzstte of the 3!ss says
"Time and again has the Republican charged
that the school fund collected for 1872 was
lockes up in the State treasury because Bax-
ter did not secure the passage OF law
through the last legislature providing the
msnncr Of dlsbursing the same. We under
stand the State Superintendent of pablic In
structioh had doubts AS TO whether this fund
could be obtained. The County treasurer Of
Pulaski took different view, and both agreed
to submit the matter to Gen. T.. w. CAN'T, and
be geyerEed by his opinion in the matter. We
give it below 1t Will be seen that he takes
the ground and we think it correct, that this
fund cannot he retained 10y the State treasur-
er, and that the latter has full authority to
Republican, and the State at large to this
opinion:
LITTLE Rock, Aug. 80 1873.
JOHN RIEGLER, Esq. County Treasurer:
SIR-1onr favor of the 23d inst. submitting
to Inc on behalf Of yourself and Hon. j c.
Corbin certain legal questions has received
such consideration us the press ofother busi-
ness would allow
First-"Can. according to the constitution
and laws of the State, the per capita and two
mills tax assessed by a former legislature for
school purposes, and collected for the year
1872 be KEEP in the State treasury, without
discussing the same among the several school
districts?"
1t is my opinion that it cannot, butmust be
disbursed as heretofore.
1t is both a constitutional and Legislature APP
preparation.
The latter clause of section 4, article 10
constitution of Arkansas reads ~. follows:
The annual income of which fund together
with one dollar per capita to be annually as
scssed on every male inhabitant of this State,
over the aye oftwenty lone years, and SO much
of the ordinary annual revenue of the State
as may be necessary, shall be faithfully oppro-
priated for establishing and maintaining Tie
free schools and nte aHfrersHB in this article
provided for and for no othel uses or pur-
poses whatever.
Section 2 of Act July %, 1888. and section
of Act April 30, 1873 (Which latter repealed
the act Of 1863, contain the same provision.
as the constitutions substantially
Section 81 OF the school law of April 80
1873 prescribcs the manner Of dpportt0HnieRt
and section 90 of the same act declares that
the anditor shall draw his warrant therefor
1t has been supposed by some that section
iJs VI lIlc hNNtIuS AANs "A Dii 10, lSID lllDlD-
tcd the auditor from drawing his warrants
for such funds. Such is not the case.
The section referred to reads AS follows:
The auditor of State is hereby denied au-
thority to draw any warrant on the treasur-
er, to be paid out of the general rereRue Of The
state, for the support ofcommon schools, and
any act or part of an act, appropriating any
of the general revenue of the state for the
support of common schools Is hereby re.
pcaled
This, it seems. only struck at what the con-
sttution terms the " ordinary annual revenue >
of the State. and what the legislature is
pleased to call the general repenue Of The
State" 1t evidently had no sort of reference
to the annual income of the school fund, the
two mills tax " or the per capita" tax for
school purposes
But could il DO SO construed. the result
would not be changed, tor the reason that it
was passed one day before section ntnety-sir
of the school act, and the latter controls 1t
reads as follows.
The State auditor shall, Oh requsition Of
the State superintendent Of public instruc-
tion, draw warrants on the State treasurer for
payment to the several County treasurers of
the school revenues apportoned to their re-
spective Counties. Act Of april 30 1873.
SO we have II constitutional and legislative
uppF0pftdN0n-a moue OF dppofti0hHeHt ana
positice direction to the auditor to draw his
warrant for the amounts on "requisition OF
the State superintendent.
Second" After all the counties in the
State, and the several school districts thereof
did make the enumeration Of persons OF
schoel age. could some ofsaid school districts,
if situated now in county Of another name
be deprived of said apportionment, on the
plea of being ncw in another County newly
established or otherwise? Ifso. could teach
ers receive payment for service rendered, and
for which they hold warrants on the County
treasurer"
In response to this inquiry, | have to say
shat the change of the district to another
County. does not in the least impair the
rights Of the people theren-and that the
teachers lose no rights thereby, hut the rights
Of all remain as though no such change had
occurred
:. ...Thanking you for the kind expressions In
your letter.
am yours, truly,
e. W. CAN'T.
sThe revenue act was passed AprU rs, and