The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1882-11-29

These cases were submitted together. TheJ
| are Nr1ts OF mandamus brought against ths
treasurer and Sheriff Of Kinds county re
sPeeHVeiy, to enforce payment in the one case
ana TO compel the reception for taxes das IN
TIE other Of school teachers warrants of said
/ county Issued in the year 1880.
Ire defense set up by the county through
her ofaelais Is that there is no money in the
treasury belong ng TO the common school fund
/ except such as been specifically raised for ar
! ryIng on the free schools for the current year
lecz, and that no taxes are levied or are being
collected except for that purpose; and that the
funds thas collected for specific purpose can
not DC diverted TO the payment Of outstanding
warrants Tor past years. TIE Constitution,
z D, art. REQUIRES free schools 10 be kept open
at least months in each year, aud deYotes
the funds arising from certain specified sources
10 this purpose. Code 1880, 7i3 enlarges the
time to FIVE months.
The Statutes Code 1880, 2 724 amended by
Acts 1882, p. "a, directs that if the sum arising
from constitutional sources, shall in any year
be less than 1900, ,00O0.0O it shall be raised to
t6at sum out Of The State Treasury, and pro-
Vides that this fund shall be annually distrib-
uted pro rata among the several counties sc
eording to the number of educable children
therein. CoGe 1880 730 as amended by Act
1867, p. a, requires the boards of supervisors
OF each county to levy tax Of three mills on
taxable property in each county ito make up
any deficiency in the aggregate amour. Of
common school funds arising from other
sources necess ssary to maintain the public free
sc ools OF said county curing the time required
by law" Code 1880 727 requires the Treasu-
rer to pay no second months warrants until
all first month warrants have been paid and
so on.
Calhoon Green for appellant.
RObt. shotwell, contra.
CHALMERS, j.,
Held
1. We are inclined to think that teachers
warrants, never having been approved by the
board Of supervisors, stand upon footing
different from general County warrants AMI |
should rather be made the basis of an ordi- |
nary suit but being advised that no objection |
is made to the form of the proceeding and |
that the object is to settle question Of p1b- |
lie interest we examine, he subject under |
the assumption tEat mandamUs will lie.
2. Manifesty the scheme is annual in itschar-
aeter and contemplates the raising each year
Of money sufficient to defray the school expen-
ses of that year and no more. Bat all schemes
Of taxation are annual in their character and
If nothing more than this can be said of the
,yslem it IS no answer TO plaintiff demand. |
3. In the statutes besides providing alone for
raising money sufficient for the expenses of
be year, there is an entire absence Of any au-
hotity in any department OF the government
ave the legislature, to raise more than this,
It least beyond the limit of three mills on the
axable property of the county
a. The county cannot be compelled by man
Iamus to pay debt when it has ON hand 30
unds. out of which it can be paid, aud
' hen there is no authority in any of it's func-
ionaries to impose or collect tax for the
impose.
s. There is no law in existence for the pay
lent of this class of warrants, which is found
Y legislative recognition Of the fact in Acts
875 p 60 and Acts 1877 p 109 providing spec
Al funds for their satisfaction. Judgment et- {
rmed. Z