The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-01-23
rAe Act. in Relation = the pi.trlbution q ne
s Common school NAnas
Jackson, Mss, Jan. 16, 1873.

Jackson, MISS, Jan. 16, 1873.
Hon. s. Gwin, Auditor:
DEAR SIR--In asking nae whether you al Q
to eonstrue an act entitled ian act to pro-
vide for the distribution Of the Common
School Fund and for other puTp0sees
approved Jan. 81, 1877. as applying TO this
year, presume you wish to know whether
the 1st section of said act is still in force,
as the provisions of the other sections,
manifestly have been fully accomplished.
NY opinion is, that the 1st section is not to
be construed as applying to this year.
By the provisions of sections and OF
ssan act TO reduce taxes and for other pur-
Dosesn approved April 10, 1876, the levy of
two mills tor school purposes, was repealed,
and in lieu thereof, the proceeds of certain
securities belonging to the Common School
! Fund, and of fines, forfeitures, and land
| forfeited to the State for non payment OF
taxes, were to be used in the maintenance
of the schools.
The funds arising from these sources, were
to be distributed by the Auditor to the sew
eral counties, by Issuing his warrant on the
| Treasury for the amount due each county
| in proportion to the number of educable
children in each.
If the whole amount distributed under
said act, should be less than the amount
derived from tax OF two mills for the
| fiscal year, 1875, 1t was made the d1ty of the
Treasurer to transfer from the general fund
70 the school fund, sufficient amount TO
make up such deficiency, which was to be
distributed by the Auditor in like manner.
There was no necessity for the passage, OF
either section or 2, of the act just men,
toned, as the duties imposed by them upon
the Auditor and Treasurer, had already
been imposed BIZ sections 6 and of the
act of April 10. 1879 aforesaid; and the
duties Of these officers remained precisely
! as before, with the single exception, that
by section i the Auditor was required
Immediately" to proceed TO distribute said
funds.
It is manifest that that act only had ref
erence to the funds on hand at that time,
and was not intended to have any broader
application. The act entitled "an
act to regulate the order of issuance and
payment of certain warrants" approved
February J., 1877, acts 1877, page 80, was
intended, in my opinion, only to apply to
the deficit in the school fund for the ifs
cal year 1876, and that it is consequently
not in force.
That act was passed to enable the Auditor
to distribute the amount transferred from
the general fund to make up the deficit in
the school fund. The act of 1876 had made
no provision by which the Auditor could
distribute the amount. 1t had only given
him the means for the distribution of the
funds derived from the sale of the Securi-
ties, fines, forfeitures, etc. For that pur-
pose, he was directed to issue his warrants
to the counties and the sheriffs were to pay
them out of the bond tax, and the Treasurer
was to give credit to them for the warrants
so paid, but the Auditor was not authorized
to draw his warrants on the Treasury for
the amount transferred from gthe general
fund to make up the deficit. 1t is doubtful
whether the act of 1876 is in force or not,
but inasmuch as the Legislature made no
provision otherwise. for school fund, am
disposed to think that it intended that the
provisions of that act, requiring the Treas
urer to transfer sufficient sum from the
general fund to make up any deficit in
the school fund, should apply to subsequent
years as well as the fiscal year 1915, and
therefore, SO decide. But, notwithstand-
ing this, there are no means provided by
which you can make distribution of the
school fund. So much Of the act of 1876 as
required the auditor to issue his warrants
to the counties, and the sheriffs to pay them
out of the bond tax, etc., was only intended
to apply to 1876 and is not now in force,
and the act of February l, 1877, being no
longer operative, there are no means by
which you can distribute the deficit fund.
Additional legislation must be had before
you can make distribution of any of the
school fund, no matter from what source
derived. Respectfully,
7. G. CATCHINGs.
Attorney General.