The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-04-11
THE COMMON SCHOOLS.

The following important and timely
liar b1s been issued by the State Su
otapdent of Education for the infor
Zion aud guidance Of County Super
,odents, Supervisors and others whom
inay concern:
0.ricE or DEPARTMENT OF PUBLIC J
EDUCATIoN,
r,rEsoy. Mss, March 30, 1877. )
r. the Couatg Superintendent Of
oI.. Ed0cutiOn Information re-
FIN answer to circular letter of
Co issued from this office, Febru-
95I uIt.. has induced me to submit
4 ..tga Attorney General OF the State,
.l.tf,gs Of vital interest to the public
4 t..rs There is reason to apprehcnd
..... many of the counties have failed
n make adequate provision for the
f.aaaca Of the public schools for
... r.grircl term, during the present
..rqz,fr wear. Ia some, the impress
aa, obtained with the Boards of
s...rvi.or-. and Mayor and Aldermen
..t,as raat the Act amendatory Of
.cbaol Laws approved April II, 1876
.s.....- these Boards Of the authority
.ht,oation to levy a tax for the sup
... ~ the public schools in their
,i.s--,hat the State has assumed,
.....a-ber. that burden. In some Of
.. committees. where taxes have been
..ad and collected for the support of
... .rhoo.-. the fund has been largely
.r wholly absorbed in payment Of Old
..na.I warrants, thus perpetuaJing the
-,-.u- policy Of maintaining the pub
"...Goo.- upon the credit systcm-a
....g. furnishing abundant facilities
az .uirie of speculation. which, in !
..m.. counties. has well nigh brought !
M.aabic school system OF the State
r..5 disrcputc. ] speak more OF the
,,., than the present.; to the future, we |
look with hope.
The school Law of 1878 (sections |
and r9). requires g that the County SUI
nar.rteudent shall annually, on OF be
f.r. Line first Monday in July, prepare |
.ad submit to the Board OF Supervl-
.or- and % the Board of Mayor and |
Aldermen. or SeIectmcn, OF each moor /
,arataI city. etc. an estimate of the |
amount OF funds that may be necessary |
10 meet the "eNpcnses incurred IN con |
.m.nna the schools, and furnishing /
Mem. as may seem requisite to the |
ensuing school year. and thcrcupon,
hq. these Boards, respectively, shall |
levy tax adequate to saldpurpoSe. |
Tae Act approved April y, 1876, see
fons. provides that there shall be no |
distinction I'm school funds collected by, !
or ,lisnibutcd to the several counties,
and limits The useof this county school |
fund {, TWO purposes. 1t is manifest,
therefore. that the only effect of this
Aea 81 1876, as respects sectjDHS ami
10 III the law of 1873, was to SO modify |
II as Ia abolish the distinctions Of
school house fund, ''teachers fund, |
or ~4tAcr special school fund.- and to |
consolidate the whole into one school !
flnJ, % be appropriated to two definite |
purr5ses-"thc payment Of teachers |
and lac County uperintendent.' The |
very Iaugt.sge of the Act Is conhrma-
torv yf this yigw ''There shall be NJ
distinction i'm school funds collected by,
or distributed to the several counties
funds collected bg, or diStlibat@G 10,
the several couutics-evidentIy refer
ria. 10 tie school tax To be levied ana
Collected Jy the counties, and the State
appropriation tG be diSiribUted TO- tue
several counties. 1t should further be
observed. that this provision, sections 4
Hsg J 3. of the law of 1873, as modified
uy tie Act of 1876, is intended merely
tonpsefibc the mode tor carrying INTO
effect section ). article VIII, of the
constitution, which requires that "
uuai. school or schools shall be main
-aHeI i'm each school district County
OF ciey), mt least four months IN each
year
This provision of the constitution,
clearly contcmplates aleyy Of taxes by
the counties. formaintaining the public
schools, for the required term. Ihe
obligation and authority to maintain
jhe schools, manifestly implies both the
duty and the power of providing the
means requisite to their maintenance
for Tie time required by the constltu-
don. viz. four months. The Act oil
1876. extends that period to .Hee months
EXCEPT. in counties or districts which
NAV, at the beginning of any scholastic
year. have a debt against the school
fund Ia excess of aR amount that would
he raised by a tax of one mill On the
dollar" IN such counties or districts,
the public schools need not be main
tanned for more than four months.
If, therefore, the money furnished by
the State. he insufficient to support the
schools, during the prescribed term
the obligation resting upon the couh,
lies t. supply the deficiency, by speclal
levy of taxes for that purpose, IS I'M
pegutye; nor can Boards of supervisors
Of y
escape thpir duty in this respect Ii
Aeci be. writ of manddputs can be
Invoked. Upon this point, the Attor-
Aey General holds the following IAN
gaa-e 1T will not do to say that the
forfeiture Of the school fund, as pro
rIded by the constitution as penalty
Is all that results from tie neglect 10
levy The tax. The constitution aaa inc
law on this subject, are mandatory Ia
TIER nature, and not merely directory;
me Boards of Supervisors ana DohIus
OF Mayor and Aldermen, or Selectmeh,
" have Il plain and well defined duty 10
discharge, and no option in the matter.
As manifestly authorized by the Tore
going general principles of the constltu-
ton and Law, ] would call your atten-
ton to the following instructions, IN
the discharge of your duty as County
Superintendent
l. You Will establish Of not already
done, and maintain, in your county
Tue requisite number of public schools
Tor five months during the pFesent schol-
Nstic year; Provided, That If your
coGQty, or separate school district
Thereof. shall, at the beginning of the
Year have had debt against the school
fund in exec IS OF an amount that woald
be raised by tax OF one mill on tue
dollar the school .erm in your county,