The Bossier banner. [volume] (Bellevue, Bossier Parish, La.) 1859-1952, 1880-07-08
Important Decision.

IN previous issue. 1t is very important. as
1T decides that the revenues derived from 10th
Sections belong to the inhabitants of the vari.
GUS townships, and must be appropriated to
schools ia the townships. The opinion was
delivered by Jadge John c. Moncure.
State ex rel. Francis Smith VS.. = a
Snlder, Treasurer, &c. No. t.
On appeal to Court of Appeals.
LIST Circuit, Louisiana. Parish of
Bossier.
This salt is by mandamas against
the defendant, as Treasurer of the
School Board of Bossier parish. to
compel him to pay certain certifi.
Gates OF Indebtedness, held by the
plaintiff, out of funds in the bands
OF said defendant in his capacity as
Treasurer. The certificates were
issued in the year 1876 against what
Is known as the "Teacher's Fund. n
and are debts due by the general
school funds for services rendered
in that year.
In answer to the mandamus tho
defendant acknowledges that he has
funds In his bands as Treasurer, as
aiiedged in plaintiffs petition, but
he denies that the said funds are
liable for the payment of the plain.
tiff's claim:
LIST Because they are special funds
derived from the rent of sixteenth
section of land situated in the par.
ish of Bossier, which by act of Con-
gress was donated to the State of
Louisiana for the use and benefit of
the inhabitants of the township in
which said section is located, for
public school purposes in said town.
ship. The rent was for the years
1876, 1877 and 1873.
I'd. Because all claims against the
general school funds, admitting this
rent to belong to these funds, mnst
be paid out of the revenues of the
current year in which the debt is
created.
Sd. Because, as Treasurer. he
has no authority to pay any debts
except on appropriation made By the
School Board, and no such appro.
priation has been made.
It is conceded that the funds in
the hands Of the defendant arise
from the revenues derived from the
rent of 10Th section of land in the
parish of Bossier. It is further con.
coded that the 10th sections 10 the
State we're donated by act of Con
gress to the State of Louisiana for
the use Of the public schools in the
townships in which these sections
were located.
But it is contended by counsel for
the relaror that, BY the Constitution
of 1868 and the act of the Legisla.
ture of the 28Nl Of March, 1877, the
proceeds and revenues arising from
these 10th sections have been min
gied with and made part Of the gen.
eral school funds of the State. This
argument is based upon the assump.
ton that Article 139 of the Consti
tuition of 1868 differed from the Ar.
ticles In prior Constitutions of this
State on the samo subject, aud that
the act of 1877 was designed to and
does give effect to the construction
OF article 139 Of the Constitution of
1868 which the counsel contends for.
Without discussing the question
whether the State, either by Consti
tutional provision or by Legislative
had the power to divert
the proceeds or revenues arising
from these 10th sections from the
for which they were donat-
ed by act OF Congress, viz: for the
use of the public schools In the town,
ships in which they were located,
we must take issue with the counsel
in his construction of article 139 of |