The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1891-01-15
IIW VIV IVTIG
The GOVERNORS INQUIRY.

$ question and the Governors despatch
We give now the full text of the inquir.
and the reply:
The GOVERNORS INQUIRY.
To the Judges Qf the Supreme Court
SIRs: TO enable me to determine
whether it is my duty to call an extra
session of the Legislature, respectfully
request your opinion as to when the
school year began and will end for the
purpose of the next required division oi
the public moneys.
Respectfully yours,
CARRoLLS. PAGE.
Hyde Park, VT, Jan. 3, 1891.
FULL TEXT OF THE DECISION.
Hon. Carroll S. Page GoreIRor Of Yer
mot:-SIR: In reply to your cOmmuni-
cation hereto annexed, after consultation
and careful comparison OF the various
acts of the Legislature touching the
point of law, concerning which you re-
quest Our opinion, we have the honor
to reply that in our opinion tie school
year with reference to such division Of
school moneys commenced March 10Th,
1890, and will end March 18th, 1891. Act
No. of the laws of 1890, by force of
Section 20r will become operative on the
/ first Tuesday of March, 1871. Section 2
of this act amends Section 233 of No. q
of the laws of 1888 so as to make it read:
"rhe selectmon of such town shall annu-
ally on the last Friday next preceding
the last Tuesday of March divide the
school moneys in the treasury of such
town among the school districts of such
ltOwn.~ ~
This requires the next division Of the
school moneys to be made on that date.
The clause of Section 2G6 of No. of the
laws of 1888, which reads: "Aud no pub
lie money shall be distributed to school
district, unless such district has sup
ported a school 2l weeks during the
school year. remains unchanged. 1t is
therefore important to ascertain when
the school year for tins purpose com
menced and will end,
by Section Is of No. ) of the laws of
1890 is as enacted, ''the school year shall
begin and close as before the passage of
Act No. of the laws of lS3S'. Before
the passage of that act, by Il. L., Sec.
677 the school year commenced on the
first day of April and ended ON the first
day of March following No. % of the
lows of 1888 engrafted upon this section
the following: Provided that the select
men in the division of the public money
shall consider the school year as com
mencing on the twentieth day of March
and ending on the nineteenth day Of
March next following"
Section No. l63,of No. Q of the laws of
1888 is so amended by No. of the laws
of 1890 as to be in the exact language of
r. b. Section 677 before said proviso
was added.
These are the only provisions Of the
law relative to the commencement and
close of the school year.
From them it follows that the school
year for general pueposes commenced ON
the first day of April, 1890, and will end
en- the last day of March, 1891, but for
the special purpose of making division
of the school moneys the school year
commenccd on the 20th day of March,
1890, and will end on the 10Th day OF
March, 1891.
We regard the language Of the law as
left by passage of No, of the laws Of
1890 as requiring as within the province
of the Legislature to fix and declare the
condition on which the school moneys
shall be divided. No. of the laws OF
1890 applies only to a division to be
made after 1t takes effect. 1t is not
therefore retroactive. r. prescribing
the limits of the school year with ref
ercnce to the next division of the school
money it uses three months which had
already been included in the school yeai
for the purpose of making the last diyis
, ion thereof; but we do not regard thi,
: fact of sufficient importance to cOntro
or vary the explicit language used to de
! fine the commencement and close of tht
school year for the uposc Of making tn,
Il tViuf