Wilmington daily gazette., 1874-01-16
THE SCHOOL FUND.

| OPINION OF CITY SOLICITOR SrRuANcE IN RE
| GARD TO ITS APPLICATION AND USE.
Al recent meeting OF tue CITY Council Mr. Ohm
! ii Adams prcstn nicd the following resolution
which were adopted
| RrsDired, That the Committee on Law be- and
ii hereby is, instructed to ascertain Ivy inquiry OF
the CITY Solicitor, or otherwise, the facts bearing
| upon tue following points, and report upon the
| same at the next meeting of Council:
lst. Is OF is noi Tic City Treasurer, by the on
ganic law, rcquiitd tn keep two accounts with hls
bank or banks IN the folioWiu. manner to wit
One for All monies received iron the Tax lie
ceivers. Clerk OF Market, Water Commls slouer
Auditor, Sc which MONIES are for general pur-
poses and which arise from what is termed INV
Tax AMI one for all monies received from Tax
Receivers for specific purpose, VIZ Pubic
Education, and which arise IRON what Is termed
" School Tax"
2nd. Is or is not the City Treasurer bv the or
game law, required to honor all drafts Oh him.
which may be authorized by the Board OF Pubhc
Education, signed 10y the President and Secretary
thereof, according TO law, when ever he may have
funds III his hands arising from what Is termed
"School Tax" III absence of an order from CIV
Council, drawn by the President and Clerk there
Of. any ordinance to the contrary notwiths;and-
ingt
81 Has tue City Council the authority 10 nass
over the Board OF Pu0hc Education, direct bonds
to the amount OF $4,000, authorized hy the Leg
islature. to be issued by Council for school pur-
posts, and will 1t be lawful 10 make Use of said
bonds, or the proceeds arising from the sale of
same, TOR purposes other than that Of erecting or
purchasing school houses
The City Solicitor sent 10 the CITY Councu ot
ITS meeting, last evening, the following reply
beg leave to submit he following answers IN
the inquiries contained in the accompan wing
Resolutions of Council
l. Ne -ther The Charter, nor any other Act of
General Assembly, contains any provisions "a to
the number or kind OF bank accounts to be kept
by the Cly Treasurer nor any provision what.
ever as TO his bank accounts
,. The Charter requires the City Treasurer to
pay out the money received by him from school
taxes, on orders drawn upon him by the Board OF
Public Education, under the hand ofits President
and attested by Its Secretary
No orders OF the City Council are necessary 10
enable the City Treasurer 10 pay said monies as
aforesaid, nor can any Ordinance limit or resi- raict
the duty OF the City Treasurer TO paw said monios
upon the orders OF the Board of Education drawn
as aforesaid.
Although the Charter does not prescribe the
mode in which the Treasurer shall Keep Lis blnk
accounts, or rather accounts Of the money received
by Inn from school taxes, it is clearly necessary
ior HIM Ill some manner to keep accounts as will
enable him al all times to know the condition of
lhat fund. as he is liable upon his bond for tho
faithful application of the same and it Is his
duty, under the law. to pay out ali such money
upon orders OF the Board of Public Education
and III no other manner.
.. BY an Act of the General Assembly. en- J
lltied. A further supplement 10 the Act for the
benefit OF Public Schools in Wilmington" passed |
April ), 1873, the Mayor and Council OF Whining |
on are authorized to borrow an additional sum Of
b5oOoO, "for the USE. aud discretion OF The Board
81 Public Education, iu Wilmington for school |
purposes"
am OF tue opinion that tie City Council has
10 authority 10 deliver said bonds TO the Board ot
fubllc Education for the purpose Of enabling the
alter to raise money on the same.
IL The City Council shall conclude TO issue these
'ohds' The borrowing OF money upon them must
enaln under the control OF The Council
Ai money which may he borrowed upon SAID
'ohds Will be for the use OF the Board OF Public
.ducaiion, and the latter may apply aud sxpend
10 same for such school purposes rs they deem
pedient, and they arc not confined IN the use o.
az mo iey to the erection or purchase OF school
ouses or other specific objects.
Yours, Respectfully,
wN sPRCAScE. City Solicitor.