Macon beacon. [volume] (Macon, Miss.) 1859-1995, 1878-03-30

Proceedings Of the Board of Su.
PeTTiSOrS.

1N
Mill road to west bank Of Noxubse.
The Sheriff was ordered to collect tn
sum of $40 per day for the use of ib
court room for theatrical performance.
concerts, or other public exhibitions, fror
the LIST day of April next. This order
not to apply to e%itizeas of the town u
county.
II. g. Rowland was appointed oversee
Of the Cooksville and Deer Brook road
from the Macon and Cooksville road t
the Macon and. Fairfield road.
A communication from the Auditor t
the Clerk of the Board of Supervisor
was ordered spread upon the Minutes a
follows:
"You are hereby notified that Warrsn
No l27, for 1894, TS9, being the amour
of tho Common School Fund to whlcl
your county was entitled January LIST
1873, WAS this lI day Of March, 1878, il
sued 10 f. Z. Stokes, Treasurer Of YOU
couaty 5. GwIN,
Auditor"
To TIE President AND Members,
BOARD OF SUPERVISORS, OF NOxuBEl
COUNTY a:
At the late session of the Lqgis.
Iaturc a bill passed the House Of
Representatives tor the distribu-
ton OF the common school fluid on
a basis OF two educabIc children q
each ASSESSED poll in the counties
respectively. When the bill came
to tho Senate | cndeavorcd to
show the injustice that would be
done to NOxubee and other coun.
ties under its oPetatiohs, and the
bill was amended 30 as to dlstrib.
.ute the fund under the enumcra.
t,on Of the educable children in the
several counties As returned by the
Assessors tor 1871.
The House refused to concur in
tho amendment. After some cavil.
ing, u committee OF conference was
agreed upon, and they reported Il
bill in S%ccUrdancC with the views
If the Senate which was passed by
both hcGacs and became law bl
the approval OF the Governor on
the 4lh day Of Marcn 1873.
The general revenue bill had
bee" under discussion, was passed
and became u law on the 9th day
ct March 1873.
1t is provided in Sec 80, Of this
bill, rs published that the Auditor
of Public Accounts, shall dislrib
ute the common school fund ON
the principle a. first proposed by
the House Of Representatives VIZ ;
two chi,drcU to each assessed poll.
Lave no rccollc ton OF any
.ucn provision passing the Senate.
Mr.. Augustus, one OF onr ltcpresen
tatIyos' intoFms me that hJ thinks
no such provision passed the
House. 1t is however, published
is the law and being subsequent
to the other, the Auditor felt it to
be his duty TO DO governed by it;
and the funds, wcre distributed &c
cnrdingiy. By which Noxuboe
loses about $4,000 Her assessed
polls being ouly 1850, whi!c the
ASSESSOR return shows her cduca.
bic children enumerated to be
ll,l29 making aloss of2,229 Chi
irrn at Il cents, each, amounting
to 81 l7063. Another distribution
will d. made in July, and still 9th
IRIS IN January and July until tie
Legislature snail meet again. 1t
the present mode of distribution is
t. he kept up the loss to Noxnbeo
county will probably be from
$1,000. to Sc, 600.
TO say nothing of the error OF
mistake by which this 50 Ser. was
rAadc to contain the rejected prop
sltion OF the poll basis of distrlbn'
Ilion, am OF the opinion that 1t /"
in violation of the spirit and mcan'
ins Of the Constitution which says
in See. 10, OF the Slh Artiele:-
."AH Sch9E Funds shall 6e dtGldrd
pro rdtd amo~g tie chitire" cf school
tg'S."
IL was tho law when this fund
WAS raised, that tho Assessors
should in the ycar 1877, and bien'
nialIy thereafter; enumcrate the Cd
ucaJle children in their respective
counties. The law ~.prcscribes that
all money FIR school purposes "'he0
be distributed on the first day q Jan
uarv ito the several counties" &c' |
think therefore the Augitor ought,
in obedience to the Constitution
and the law, to have distributed
the school fund on the first day OF
January, and not to have delayed
his action thereon until "nolrer,
and different law could be passed
which was retroactive in It's opra'
ton, and ex post facto in Its effect
I think each educabIo child in the
State had o fixed right under the
Constitution to a pro rata share oil
the common school fund and was
entitled to it uudcr tho law before
this ecneruf rctcnGe law was pass
cd.
Neither the Constitution or the
law said any thing about any cal
cuIntion Of tho rumbNr Of polls In
tho State as regulating tho mum,
her of children of edncablo age
But tho Constitution does say
each child shall have q pro rata d.
vision of the funds, and tho IaW
nroyided for their enumeration by
the Assessors. -
am satisfied in my own mlnc
tbot the late distribution OF ih'
common school fund was unconstl
tutional, illegal and unjust. -.
l respectfully recommend u"
vour honorable body shall cores
Jou1 """" NJ - Cinarvi