Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1885-09-06
CITY AND SUBURBAN.
THE CENsUSTAKERS CLAIMS.
The Opinion sr Ciy.Attorney G. v. Mere
dith-Psst or the Claim Illegal.

nc VpAutpH ~ NhIrAAk0tE<I ~ W
dith-Psst or the Claim Illegal.
According to the requirements OF
law, in June last the City School Board
elected the following-named gentlemen
deputy clerks, for the purpose Of taking
the school census r. W. Flournoy,
S. I. Pendleton, George r. Pace, Ii. &.
Carlton, and j. Ii. Peay, Jr.
These gentlemen completed their
work, heavy as it was, within the
time prescribed by law, and sent in
their bill for services rendered to the
School Committee.
II was found that the census-takers,
acting under Attorney-General Blair's
construction OF the law, had listed
children under five years of age, and
the committee referred the matter OF
the claim against the city to City-At-
torney Charles V. Meredith for his
opinion.
Yesterday evening the Committee on
Scho OILS met in the Council chamber,
and chairman Joseph R. Dickerson laid
Mr.. Meredith's opinion before the COM
mittee, as follows:
RICHMOND, VA,
September 2, 1885.
To tie Committee on Schools:
Gentlemen,-I herewith return the
requisition made by the City School
Board for "SS66.40 to meet the ex-
pcnse incurred in taking the city census
of school population" At the time
that paper was submitted to me was
informed that the amount asked for In
cluded the expense incurred in taking
the census of children under the age OF
five years at the rate of 90 per hum
dred.
The question submitted to me was
whether there is any legal obligation
upon the city TO pay the expense in
Cured as to children under the age OF
five years.
The 18th section Of the school laws
provides as follows: alt shall be the
duty of the clerk Of the District
School Board, during the month of
June or July, 1875, and every five
years thereafter, to take census OF
all persons residing within the school
district between the ages of five and
twenty-one. years, and to gather statis-
tics relating to the interests of
education in the district, accord
ing to forms furnished from the
office of the Superintendent of
Public instruction. The lists thus
prepared shall be submitted, &C.,
&c. For this service the clerk shall
receive out of the district school funds
a compensation therefor at the rate of
SO per hundred for the children listed
by him." &C., &c.
1t will he seen that the law ex-
pressly prescribes what the census
shall comprise-yiz., children be
tween the ages of five and twenty-one. >
Having specified the limits, the law
evidently does not contemplate that
census will be taken Of children under
the age of five. Not contemplating
such census, it could never have in
tended to provide for its cost.
1t is true that the 18th section
not only requires "census y Of GER
tain children to be taken, but also
- statistics " to be gathered. 1t
recognizes that the "census " is
thing distinct from the Statistics -
Such being the case, it was never in
tended to make any kind Of statistic
part of the census. Hence if informa-
ton as to children under the age Of five
years be gathered it is statistic, and
not as part Of the census. Being a
statistic, it was not intended to be
paid for. Having specified the kind
of children to be included in the
census, the section evidently refers
only to such children when it says:
d" A compensation therefor at the rate
of three dollars per hundred for the
children listed by him." Unless speci-
fically required, why should one statis-
tic be paid for when all others are not.
1t is not reasonable to suppose that the
Legislature, after having expressly
commanded that the census be confined
to certain ages, meant to say that, if
the clerk should disregard such a re-
quirement, and take census Of children
under five years, yet he should be
paid; although as to every other statis-
tic he should not be paid. The Legis-
iature could not have intended such an
absurdity.
Hence / am OF opinion that there is
no legal obligation upon the city to pay
for the expense incurred as to children
under the age Of five years.
c. Y. MEREDITH,