Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1891-07-18

OniriAI constructions at the Acts Ilr,
IRtInE to InNrs aud the Nppor.
tlOnmrnt Ot Moneys

In" solicitor grnrrni ha- sent the fuI
lowing important communication to tie
superintendent II puG.c instruction.
TERRITORY 90 NlW MINl,r.
Dllirc OF Suur,tut General,
Santa fc, y NJ july ., ISL
Hon. Amndn tha,c-. superintendent - ruhur
Instruction. N,uta tr \. NJ
NJ, DLNR SK Your favor ~ the sth
inst, asking ~! "pinjuu uS to the amount
Of tax which can b" l"y,rd uudrf thogru
eral school law, Chapt, -, laws Il lSIl,
and the amendment thereto, ~ chapter
:, uf the same laws, has bad my attrn
tlua, HGH IN reply would say, that sr'tlpn
~, ~ chapter -. ui,K"s II the duty ui
Ia" territorial auditor, - annual, levy a
tax Tor school purposes, not exceeding 5
mills un the dollar. There ar" other
PROVISIONS IN the net for additional .eyi-s
f)r different purposes IA IT." several
school districts, which are entirely Iucul
IN their Application. but TIA" above II the
only provision Tor general territorial
levy for school purpC,"-. Chapter -, Il
the same laws, ~ undoubtedly an amend
n"ut "a chapter p, but rcrtluU |, ~ that
chaptcr,unly provides Tor different man
her ~ apvutt louIng Tia" money raised uu.
der thr general tax levy referred toHhuve,
and dOes moi authorize Tia" levy 81 an
additional tax, which i limited hy the
,cruS ~ Section -, - the urlgiuai school
laws, to ) mlll- and the auditor did not
decm Il prudent ar Wise 10 reach the rx.
trrru" limit Tine ycHr, AMI - very pru
IDENTIFY placed IT at mills uuk.
In regard Ia your other question ~ to
the superintendent ~ school monies
among the several schuul districts. |
would snN that section is, ~ chapter -,
laws = 1881, provides that ia" county
superintendent shall appprtlpn the
amount 81 all the school fund IN his
county - the .evrrnl districts, IA proper
ton To the number ~ children IN each ~
school age aud immediately certify such
appurtluument tn the directors II such
DISTRICTS aud To the county treasurer,
Who shall credit 'nch district with such
sum, tins arportlonmrnt under thht Hrc.
ton VAS to have beer made on the first
M"niays IN July and January IN each
year, but this section Was amended at
u" same session ~ the Legislature by
section |, ~ chapter -, WhIch provides
that the school fund derived from tho
general levy should h" appurtluned "as
now provided by law tos Their with ali
Mondays IN January, Aprll, July aud
octolcr,' making four distributions an.
hually lusirnd ~ two. SECTION -, Of
chapter -, declares certain LICENSEES aud
Hines t. ls Il temporary school fund and
IN H." first part 81 ia" section requires
them u he paid into the county TREASURY
~ III" ace ,unt ~ the several school dis
tncts Wherein SAID sums are collected
ktl t.VN 4.
The following language IL need "Shuuld
Their" be more than one school district ~
any precinct SAID amount collected shall
be divided among the several school dis
ulcts pro rata, u curding 10 the sChoas.
Tic census ~ said district, IA furnished Ia
The county school superintendent for tho
current year" this would seem 10 be con
elusive ia tn tho scnoOl district popula
lion being the hasls Tor the apportlon
ncnt ~ funds derived from that source,
Out 10 addition To that section !, ~ chap.
Ter ~, laws ~ 1891, which IN an amend.
meht to and must be construed with the
original school Law. Chapter ~, provides
mat all the county school fuDdp, lnclud
ing The mill general levy, shall be ap.
Pothnn@l four times yeur ~ now pro.
.ldcd ny law, that IN, among the school
uw'flcta, IN proportion 10 their 'hOol
population. section 2, chapter q. laws Of
ISL, commonly known as the High Ia
"hsa law, provides that the general tax
.hhll he paid into the general school
FUNDS ~ the county, aud there 10 no
snefe any provision of law retaining the
eAlonn license tax or any ~ the other
temporary school fund" for the benefit
" The school district in which the same
81 IL
Which The liquor lcenses are issued. but
we school population ~ the school ds.
n,e's IN the basis upon which said license
"hes are paid out.
Very respectfully,
EDWARD L. BAETLETT,
solicitor General Of New Mexico.