Little Falls transcript. [volume] (Little Falls, Morrison County, Minn.) 1876-1894, 1880-02-20

aoJ Ie4'iaSAtioHIOr the STATE text BOOKS, and
have therefore neglected or failed to introduce
said books into the schools Of their res pective
districts, although two years have expired
since the county auditor received the number
oftext books required by the school districts
of his county, and asks what is his duty in
the premises at the coming spring settlement
An answer to these questions required con-.
sideration Of the following provisions, of: the
general statutes of 1873: First-Sections g.
and 6Ss chapter IL, p. $50. Standardization
|. SO, chapter SO, p. 4s4: Third=-section 1865
chapter SO, p. 500: By the first section: abe We
referred to the county auditor is required: to
keep antacceunt with eaeh> school district Of
his county, and Immediately after each settle
ment with the county treasurer, to credi each
district with the collections belongi ng to it,
and give to the treasurer thereof, on demand,
an order on the county treasurer for the
amount to the credit of the district. (These
provisions of the statute are substantially Sec
tons IS and lob, general statutes, (18e6) p.
III and $50, re-enacted March, II, 1881 and
was tho law Of tho State: at the time of the
passage of the text book law. By the second
section referredsto the county treasur er is re-
CURED, upon the order of the county auditor,
to pay to the treasurer of any school district
any money in his hands belonging to, such
school district. By the third section ferred
to it isprovided that after two years from the
time the county auditor of any count y has re-
ceived the number Of text books required for
the school districts Of his county, the treasurer
of such county shall pay no part of the State
school tax fluid belonging to a district in his
county, to the treasurer thereof, until he pro-
duces the certificate of the superintendent of
public schools of his county to the fact. that
the State text books have been introduced in
to the schools of such district and are used to
the exclusion Of any. other series Of, text
books.
\; Are these several provisions Of the statute
conflicting: andinconsisten with each other so
that the later enactment would repeal pro
santo the Others isthe real question to be de :
termined.. Ordinarily express language is
used where repeal is intended, and a repeal
by implication is not favored: and when the
acts ore upon different subjects the rule as to
implied repeats applies more forcibly. When
different provisions of the statute can be bar
mbnized by affair anda liberal construe ton it
must be done. One statute is not to be con-
sidered as repeal of another if it be, possible
to reconcile the two together. Nc Cool VS..
Smith, l. Black, 49, I see no difficulty in
harmonizing; all tho several provisions under
considerationjand giving, effect to'all Of them.
| There is no such repugnancy between the pro-
visions of the statutes referred to that all may
not stand together. Curryer vs.. Merrill, N.
W. Rep, 3.
Section 1856, chapter So, general statutes
1875 is'simply a'limitation. Of the duty. Of the
treasurer to,psy' as required by section. SO,
chapter SO, and forbida the payment Of any
part of the school tax fund: to school dis
trict treasurer unless certain conditions are
complied with. viz: furnishing proof that
the State text books are in use.in his district.
This prohibition of.the payment by the coun.
.ty treasurer Of any part of the State schoo
tax fund'to a district without the production
of the county superintendent's certificate is
one of thesmeasures selected by the legislature
to effect one of the objects of the law, viza to
secure uniform series of text books in the
public schools Whether it is wise not is a
question exclusively within the Judgment of
the legislature, with which executive officers
charged with carrying out the law have no
concern. :, It should be literally construed and
faithfully executed until the courts of the peo-
pie determine to.ths contrarys L am of the
opinion that the county auditor should, upon
making settlement with tho county trea surer,
credit each school district of his county wit h
its share of the collections and school funds.
but where two years have elapsed since he re-
.ceivedt the number of text books required for
the district schools of his county; the order on
the county treasurer for the school tax fund
belonging to any district should be payable
on condition that the school district treasurer
produces to the county treasurer the certificate
Of the county superintendent Of public schools
showing that the text books are in use in his
district, and that the county treasurer should
not pay the order unless the condition is COM
piled with. The term estate school tax fund.-
is de6ned1 by general laws Of 1878, page 6s,
section 3, ito mean and apply to school funds
arising from taxation" Respectfully, y =
T.. =. - .;::~-' '..< CHAs, M. START: y f.
= - E-s-E
l.: ;Ts $3.50 ''''.5 Attorney General.