The Brookhaven ledger. (Brookhaven, Miss.) 1875-1883, 1878-04-11
Thc school Inv

The State Superintendent OF Educa-
ton has issued a circular letter to Coun-
ty Superiutendenis, Trustees and
Teachers, to which is added an ''opin-
ion of the Attorney General" as to the
law on the subject. He says the dis
tribution of the Common School Fund
for the present year, must be made as
directed by section 2 of the Act OF
March 4, 1878. But he adds.
1t is not so easy, however, toS deter>
mine what the new law is for future
years. 1t is clear that section one of
the Act of March 4, in so far as it I'M
dertakes to provide for distributing the
school fund. is in direct conflict with
section 55 Of the Act approved March 5,
entitled can Act to establish and mains
tain a uniform system of Public Free
Schools IN this State" being essentially
different both as to the time and mode
Of making the distribution; and being
50 in conflict with the latter Act, it must
be held to be repealed by it.
Finding it impossible to reconcile the
antagonism between the several sec.
tions of the two laws passed March 5,
1878, in order to prevent the absolute
failure of each of them, I have made
inquiry, ard learned that the Revenue
Law was approved by the Governor af-
ter he had approved the School Law.
Sections 101, 102 and 1903 of that law
being consequently the last expression
of the Legislature will, stand in full
force, and all previous legisl ttion incon-
%sistent with their provisions. must be
held to be repealed. 1t only, remains,
therefore, to inquire what part Of this
previous Legislation is repealed.
1t needs no argument to show that
section 10 of the School Bill must fall.
as being in direct conflict with both
section 55 of the same bill and the
sections of the Revenue Law cited.
The only part of Section 55 of the
.Schoo' Bill which cannot be ~reconciled
with the provisions Of the Revenue law,
is that which fixes the number of edu
cable children by estimating two for
each assessed poll in the respective
counties, In all other respects, that
section not only does not conflict with
the seCtiVIS VI Tue ItNeuU6 LAW, bu6
provides suitable and proper means for
accomplishing their object. 1t results
from what | have said, that the asses
sors of the respective counties must
make the enumeration of the educable
children in all respects as required by
the provisions Of the Revenue Law;
that this enumeration must be present.
ed and used bv the Auditor Of Public
Accouat9. rs the basis of distribution
of the State School Fund. aud that
this distribution must he annually made
by him upon that basis, on the second
Monday in JGly and January, or failing
thereon, as soon thereafter rs practi-
cable, as fixed by section s. Of the
School Law.
I will also observe, That SO much of
section l Of the act to provide for diss
irritation Of the Common School Fund,
approved March A. 1878, rs declares
that hefunds distributed shallsbe used
by the County Treasurer in the pay
ment of warrants issued for services
rendered during the year in which said
funds we're distributed, is not repealed
by any of the subsequent legislation
we have had under consideration, as 1t
is entirely consistent with all Of it.