Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1878-02-08
OUR PUBLIC SCHOOLS.

The following is a brief history of the man.
damus case of the County School Commits.
sieners of Prince Georges county against the
Comptroller of the Treasury, and review oil
his answer to an order OF the Senate relating
to the decision in that case
The question before you grows out of the
answer of the late Comptroller to an order oil
the Senate, calling upon him for information
in reference TO The decision recently made by
the Circuit Court of Anne Arundel county, in
the Mandamus case of the County School
Commissioners of Prince Georges county
against the Comptroller o: the Treasury to
compel that officer to distribute the State
School Tax according TO law.
As the Comptroller avaed himself OF the
occasion TO argue the case in connection with
his answer, it WAS evidently his purpose TO
induce the Legislature TO nterpose in reference
to The effect Of that decision, and the drift OF
his argument plainly indicated that he desired
the passage OF law anRuiiing the decision OF
the Court, and confirming his acts. This view
of his design in confirmed by notice of bill
TO be introduced in the Senate for this very
purpose.
If all parties were willing to abide the de.
cision Of the Court, the School officers would
have no complaint to make, but when an eg
| fort is made to deprive the Schools of the
Stale of large furd which the Court has
| decided belongs TO them, it becomes the i'm
perative duty of these officers to lay before the
Legislature all the important facts bearing
| upon the case. We therefore crave your in
diligence while we briefly review the history
Of The Mdndamus case, and the administration
Of the Stale School Tax, and various appro-
pria'ons for Schools and those purposes APP
per tanning thereto which come within the
| Duryipw of the dprision of tho Cnurt
For several years previous to the commence
ment of this suit, the Comptroler's Reports
| showed large balances of the State School
Tax remaining in The Treasury undistrbuled ;
and they further showed that the annual re-
ceips of this tax were great in excess of the
annual disbursements for q series OF years.
In some of these years the excess was over
hundred thousand dollars, For the verifca-
ton OF these facts we refer you to Statements
A and b, and Statement l. of Comptroller s
Reports for the years 1872, 1873, 1874 and
J 1875.
| With such evidence before them, the School
officers of the State could not but arrive at
one of two conclusions, either that The Comp
| troller's Reports were totally unreliable; or,
| that there was large amount Of money in the
Treasury which ought TO be distributed. They
| accepted the latter, and the late Comptroller
himself, in his last Report, says that such
conclusion was plausible. Having reached
| this conclusion, could these officers who had
charge of one of the most important and
| sacred interests of the State, the education
and enlightenment of its children, while
pressed for means TO carry out this trust, fold
their hands and ALLOW the schools to famish
and, in many instances, 10 be closed, when
| there appeared 10 be in the State Treasury
available means to conduct them with eff
cheney and success ?-Such was the want OF
funds in some Of The counties mat four OF
| them came before The Legislature in 1876 and
asked for the passage of laws empowering the
| County Commissioners 10 fund their debts.-
| Such laws were passed, and at least three of
these counties issued and sold bonds to the
amount Of about $40, 900 each.
The Complroer's Report for the year end
ing September 3Oth, 1875, showing balance
of more than $500, 900 ucdistributed, the
Boards of School Commissioners of several
counties addressed communication to the
| Comptroller, as early as May, 1876, asking
| him 10 distribute The whole amount in the
Treasury on the next distribution day. After
a months delay he made answer in printed
! circular which was exceedingly indefinite ir-
relevant, and wholly unsatisfactory. The
! State Board sent several committees 10 see
him, but he gave them no satisfaction. InGi-
vidual School officers called upon him wihon,
|
him in reference to the matter he telegraphed
for the information of one of the School
Boards that, "The law is open and there are
deputies Why did he quole this declara-
ton OF the town-clerk Of Ephesus, made 10
| appease Demetrius and the craftsman, when
The preaching Of st Paul had aroused their
fears fo- the safety Of the temple of Diana,
aud jeopardized their trade in Siicer shrines ?
II WAS because he was conscious that he was
withholding from shat School Board the SICeT
which they so much needed for The support Of
the humble temples Of learning which rise
along the lovely vale of the Catoctin, or bedeck
the green braes of the Linganore. Under such
circumstances, could the School Boards dc
less than sue GU a mandamus TO compel him
| 10 distribute money evidently due2 The suit
was brought by the County Schoo! Commits
sioners of Prince Georges county, and the
| Comptroler's answer to the petition for a
mandamus was a surprise. lie stated that the
balance due October LIST, 1877, was only 1906,
S50.67 but an examination of his Report for
the year ending September Both, 1877, showed
that he had reduced the balance believed to bt
due, by charging against the State Schoo
Tax large sums of money payable out OF The
general Treasury. The Court passed upon
the law apperlainng TO these charges and
according to its decision, the several sum;
improperly charged amount to $454, $40 &C -
The Court IN delivering the opinion said thai
the various items of this amount were just as
clearly payable out of the general Treasury as
the salary o! the judiciary, The two prede-
cessors of the late Comptroller administered lh'
law relative to these disbursements entirely il
accordance with the decision of the Cour
and his own Reports show that he himself did
not entertain a different view, except in on,
instance, until he was called upon through
mandamus proceeding To distribute the larg,
balance which, by his own Reports, appeared
to be in the Treasury.
In Statement l. of the Comptroller's Repor
for the year ending September 80, 1877, b,
charged against the State School Tax, th'
sum of S37, 1871, alleged to have been psit
to the State Normal School, prior to the pas
sage of the Act of s6s, chapter 4O7. Only
"A part of this sum was paid to the
Normal School the balance was paid fol
expenses of the State Superintendent,
Department All the items of this amour
were paid by the Comptrollers in office, frou
1865 TO 1868, out of the general Treasury AND
were never charged against the State Schoo
Tax in any statement made by them OF Thu
receipts and disbursements Of said tax. Bu
the late Comptroller, after a lapse of nearly
ten years, has brought forward the item
making this sum- and charged them agains
the tax in his last Report.
The sum oil IS 2O4 81, PAID Tor the expense
Of the State Board Of Education, from Octo
Der |, ls65, TO September 3d. 1877. is charged
by the late Comptroller in his last report
against the State School Tax.
His predecessors did not charge the parts o
this sum which they disbursed against sale
tax, nor did the late Comptroller so char g
any part Of il until he made his last Report
The sum Of 81 900 was paid to Colored Nor
NAL School FROM 1872 to 1877. The items o
! this sum do not appear in any statement o
receipts and disbursements of the State Schoo