Daily globe., 1878-04-15

of county treasurers with reference to paying
over to school district treasnrers money belong
ing to the district arising from taxation under
the apparently conflicting provisions of the act
TO provide uniform and cheap text books, APP
proved February 23, 1877, the act supplements
ry thereto approved March 8, 1873. and section
63 of the general tax law, approved March llth.
1878. Except possibly, as TO the provisions of
section IL Of the act first referred to, and under
which no question can arise for two years, there
is not necessarily any conflict between these
acts with reference to the matter under consid-
Grafton. The duty of the treasurer under Sec
tion 65, aforesaid, is to pay over to the
school district treasurer after each
settlement all money received by him. arising
fr m taxes levied and collected, belonging to
tho district, and deliver up all orders and other
evidenc, of indebt edness of such district.
Money withheld by the county treasurer to re-
imburse the county for money advanced by the
county to the State, to the uses of the school
districts in the county, does not belong to the
districts. The districts have incurred u debt
for which the county is responsible to the
State, and instead Of the money ret ined by
the treasurer, the districts have it's equivalent
in text books. The money retained is taken
into account in the settlement, and the bal
ance, after deducting this amount, is paid over
to lie district treasurer. Very respectfully, &c,
GEO. P. WILSON.
Attorney General.
Because Mr.. Tukey drew the inference from
the above correspondence, that after two years
m we'll as before, no money could be withheld
if districts did not order Merrill books, he is
denounced in language too vile to appear in
Tukey's conclusions we're justified, we give the
opinion of Mr.. Severance, one of the ablest
lawyers in the State. 1t is as follows:
MIR. sEvERANcE's OPINION.
A. P. Tukey has called my attention to his
postal card of March 20, 1878 and asked my
opinion as to the accuracy of the statement
contained in it. can't say what the attorney
general has decided, as to all matters contained
in the card.
understand that the attorney general has
decided that under section 8 Of the school tar
and book Ian of 1877, there can be no deduc-
tion made py the county treasurer, from any
fund due a given school district until the dis
trict by it's clerk, treasurer or director has
ordered it's quota of books, under the provis-
ions of the law. believe the attorney general
has 80 decided, and see no reason to question
the decision.
If the county auditor should order no books
for any district in his county-no estimate
therefor having been fled with him, by the
proper oficer-and no books should be sent by
The contractor to given county, and received
by the auditor of such county, then the two
years mentioned in section IL, of said law
would never commence to run, and there
could be no withholding OF the school fund
mention in said section.
Then, if no books should be ordered and
none received by the county auditor, under the
law, no school funds could be withheld from
the district under any section of the law at any
time. Under such state of things, which
could only be in the case of q refusal or neg
lect to order books as the law requires, l do
not see why the scholars of district might
not use such books they should choose to
use.
If the above views are correct, then the state
ments contained in said postal card are correct,
SO far as they correspond with them.
April 10, 1768.
NJ. J. SEVERANCE.
It is evident from these opinions that nc
money can be withheld from the schools il
books are not ordered, and if the Merrill-Ap
pleton gang wish to enforce their oppressive
law they had better attempt to do SO by i'm
prisoning the school district clerks. That vii
bring it to test very quick, and We shall the1
learn how much or how little freedom thi
country affords.
The sting of Mr.. Tukey's card, however, wa
not so much in its construction of he law, bu
in his second paragraph Offering better book
for less money than the eMerrill-Aprleton series
1t is regarded as crime by the monopolists t.
have competition. and their Infamous abuse o
Tukey was concocted with view of frighten
ing all competition away. Such an outrageou
proceeding can only react upon its perpetrators