The Lamar register., 1889-05-11

trlcts situated outside of his own
county, nor has he any official knowl.
edge thereof, or official connection
Herewith, nor has he any author.
ity to apportion to spch outside dis.
tricts the general school fund of his
county or any part thereof.
We are constrained to deny the
relief sought. The judgment must
be reversed and the action dismissed"
COMMUNICATING, c Dissenting
-Stallcup. C.-Republlcan.
The several bills dividing Bent
county and creating the counties of
Otero, Prowers, Cheyenne, Kiowa
and Lincoln. are verbatim copies of
the bill creating the county of Logan
out of Weld and consequently the de-
cision of the supreme court affects
them IN the same manner. The
April apportionment of school funds
under tins decision cannot he made
to that part of Bent county, out of
which the counties of Otero and
Cheyenne were formed as both coun.
ties had an existence apart from
Bent county, under the emergency
clause, when the bills were signed
by Governor Cooper on March 26ih.
The counties of Kiowa and Prowers
can share in the April apportionment
as they were still a part of Bent
county when the appointment was
due, the bills forming them not beng
signed by the Governor until Ap,ll
18th. The county of Lincoln does
not figure in the matter "a there were
no school districts located within its
territory. This decision of the su-
preme court, based clearly upon aw. !.
is far fron being Justice and qneerlN
illustrates how law and justice can
he widely Divergent under c-tain
circumstances. The levy for the
general school fund was made equal
ly for all parts of the county as ii
was originally, and justice demand
that regardless of division, each and
every school district should receive
its share OF the levy when collected.
hut our bright (?) Legislators in pass,
ing the bill creating the division
ignored entirely one of the most i'm
portant subjects that should have
engaged their attention and left the
question of school districts and
school funds ont of the bills. The
subject could haye been regulated
by a very simple clause attached to
the bills, but our worthy (?) past
Legislators were evidently not over
burdened with consciousness OF the
value of educational facilities. The
neglect will leave the counties of
Otero and Cheyenne without funds
to conduct their schools until tax
levy is made IN those counties and
collected next January. The school
superintendent has been seeking
counsel from authorities in the mat
ter. TO ascertain if there was no,
some manner in which an equitable
adjustment of the funds could he
made, but finds the decision of the
supreme court a barrier which can
not be passed. The following is the
opinion of State Superintendent
Dick.
"All of the new county bills. hav,
the emergency clause attached, hsnc,
take effect as soon as signed by tn,
governor. Any school money in tn,
hands of the county treasurer no
apporiionrd to the several district
IF the county at the time of signin!
. the bills by the governor belongs t,
: the old county, but money alread
) apportioned and standing to tn
credit of the several districts at tn
time of signing the bills is the prop
erty of such districts notwithstand
ing they are in a different or ne,
county."-Las Animas Leader.
Many democratic organs are great