The clarion. [volume] (Jackson, Miss.) 1883-1888, 1886-03-03

L II
ON the State Treasury TO the common
.hool fund, as appears by the reports o. e
ne Treasurer, ret II seems 10 me that \
right as TO the construction OF the
wv, aud that no such transfer should
ave been made after the enactment OF
sction 735 Of the Code of 1880, aud the q
mendment Of 1882. unless the amount e
rising from that, added to the other Il
ources Of common school funds, fell z
hort Of $500 600.
The act Of 1876, page 90, says: TIE
svy of two mills for school purposes Is |
ereby repealed, and If the whole i
mount distributed under the provisions !;
{ this set be less than the whole
mount derived from d levy of two {
nils for the last fiscal year, then the /
,tate Treasurer is hereby authorized and I,
equirsd 20 transfer from the general ;
uad to the school fund, sufficient
mount 10 make up such deficiency,
tic and this act WAS continued, in differ
mt phraseology, in the act of 1873, and /
n section 724, Code Of 1880.
But section 730, Code of 1880, says:
1t shall be the duty Of the Board oil
to levy q tax
= not to exceed three mills =
< 10 be paid into the county treasury
70 The credit Of the common school fund, to
make up any deficiency in the aggregate
amount OF common school funds arising
from other sources" etc.
Section 2l73. Code Of 1880, says" 1t
shall be the duty Of tse Clerk of the
Board Of Supervisors TO place to the
credit Of the State all money received by |
the County Treasurer belonging to the |
common school .ftu1d. and annually
report to the Auditor Of Public Ac |
counts the amount OF such credit, and |
il shall, BE charged to such county in
any distribution Of the school fund.
Now these acts must all be construed
together. and when 20 construed, it is
clear to my mind that the correspond
ent X was right in saying there should
have neen no transfer Of general funds
70 the common school fund since 1880,
| because the school tax provided for BY
section 730 Of the Code of 1880, and
the amendment thereof in 1882, has
| been amply sufficient to raise the amount
/ required by Law to be distributed to
| the counties.
It is admitted by ali that the fines and
forfeiGure3 paid into the county treas
uries are charged to the counties under
section 2l73 Of the Code Of $780, in the
| distribution of the school fund, and the
! very same section covers and applies TO
the school taxes collected in the coun
ties Hence, IN my opinion, every dollar
transferred since 1880, from the general
| 10 the common school fund, has been
under a misconstruction of the law.
JUSTICE.
| The sections Of the Constitution bear
ing on the subject Of the foregoing com
munication are to be found in Article
VIII Of this instrument and the amend
ment thereto.
These provide distribntiye fund
require that the public schools shall b.
maintained four months in a year, auC
also require the Legislature to provide
for the levy and collection Of such othel
taxes as may be necessary to proper,
support the free school system.
The distributive fund ia made up o
escheats, fines and forfeitures, the pro
ceeds of land sold and receipts on &C
count Of licenses to sell vinous ant
spirituous liquors. Under the Consti
tuition as, it was adopted, the principal 0
this fund could not be expended, tb
interest alone being distributive; bu
under the second amendment to th
} Constitution the principal was declares
to be distributive.
, Section 724 Of the Code declares tina
the amount distributed in each yea
shall be 100000, and requires tn
: Treasurer to make up the deGcienc.
: from the general fund, whenever tn
amount in the Treasury to the credit 0
the common school fund shall not ex
ceed 100000
: Section 100 of the Code, as amended
in 1882, makes it the duty of the Board
of Supervisors to levy three-milI ta1
"to make up any deficiency in tn
aggregate amount of common schoo
funds arising from other sources, neees
sary to maintain the public free school
during the time required b.
law"-four months in year.
, 1t could not be palmer, that tn
scheme embraced in the provisions o
the Constitution and the statutes re
ferred to was that the State shoult
: supply 100000 of the amount necessar.
to maintain the public schools fou
months in year and that the countie
: should make up any deficiency; ant
; yet our correspondent seems to believ
that the counties were required to rails
100000 with guaranty that the Stat
would make up the deficiency.
If he were right in this position h
would convict the Legislature of th
grossest stupidity IN providing fun,
of 5000. 600 to maintain the schools fou
: months.
The only fund required by the Consti
tuition to be paid into the State Treasur.
is that specifically provided by Sectio
6, of Article VIII, the interest on whic
could alone be distributed, until tina
section was amended.
+ The school tax levied by the countie
has never been treated as part of til
!: common school fund of the State, an
! it was disbursed by the counties as fas
E as collected, even before the amendmen
r to the Constitution authorizing a dissri
$ button of the State school fund wa
J adopted.
After this amendment was adopted,
e was immaterial whether the countie
retained that portion of the fund pre-
vided by Section 6,of Article VIII, whic
+ was collected by county officers, an
! were charged with it in the distribution
or whether they paid ii into the Stat
Treasury and received it again when tn
distribution was made. 1t was NOR
convenient for them to retain it, an,
z 2l73 of the Code was enacted that the
might do so.
1t is true that this section seems t
require the Clerk of the Board of Super
visors to report to the Auditor, as vel
the money received from county leYies
as the fines and forfcitures, etc, Blu
when we consider the provision of Sec
ton of Article VIII of the Constitu
ton as originally adopted, the praetic'
under it, and the amendment, togethe
with the object to be accomplished, j
must be plain that the money" referret
to in Section 2173 of the Code, is tina
arising from fines and forfeitures, etc.
which Is required BY the Section anc
Article OF the Constitution referred to
| ~ IL, ,,osd ;.,tf, tho State TraaaErv RI.