Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1891-01-09


Hon C1rroU s. p1pc GorcrHor OF Vermont
Sir In reply 90 your communication
hereto annexed after consultation and
careful comparison of the various acts of
the Legislature touching the point of law.
concerning which YOU request our opinion.
we have the honor 20 reply that M our
opinion the school year with reference 90
such division of school moneys commenced
March 90 ! $50. and will end March 49,
1891 Act 40 off the laws of 1890 uv
force Of section 20 will become operative
on the first Tuesday of March 1891 Sec
ti0n of this act amends section 23b of no
of the laws of l~~~ So as % make 10 read
The selectmen of such town shall annual
w. on the last FRIDAY next preceding the
last Tuesday of March, divide tine schoH.
moneys On tine treasury of such town among
the school districts of such town This
requires the next division of the schu1.
moneys to be made. Oh that date Tia.
clause of section 13d of $50 % of the laws
of 1888 which reads And mo- public mon.
ev shall be distributed To- IA school district
unless such district has supported "a school
- weeks during tine school wear remains
unchanged 10 is therefore important o.
ascertain when the school wear for this
purpose commenced and will end
By section rs oi Nu p of the laws of
lsguit is enacted The school year shall bee.
Gin and close AS before tine passage of Act
SO 90 of the laws Of ls-~ Before the
passage of that act Hy Revised Laws SEE.
ca. the school wear commenced on the first
dav of Aur. and ended ou the last day of
March following 49, o." of the laws 1i
1855 euErafted upon TIN, section was the
following provided that tine select
10 . r.HFN.
ev shall consider the school wear as com
menclng ON the twentieth da, of March
and ending the nineteenth day of March
next following
Section 1863 of $40 % of tine laws of lss~
Is so amended toy $50 of the laws of 1880
as To be "a tine exuct language OF Revised
Laws Section 81 before said provisl 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 wear
for general purposes commenced on the first
day of April. ! $40 and will end on the last
dav of March 1881 but for the special
purpose of making division of the school
moneys the school wear commenced on tine
2Oth day of March 1880 and will end tine
18th day of March 1881
We regard tine language of the law as
! left bv passage of $50 of the law, OF
| 1880 a. requiring tins construction lt mas
/ ever been regarded as within the province
/ of the Legislature ta INK and declare thu
condition ON which tine school moneys shall
+ oe divided $50. of the laws of 1880 APP
4 plies only to q division o. be made after b,
takes effect 1t i- not therefore retruactIg.
. 10 prescribing the limit, %. the scno1. wear
with reference o. the next division of do.
/ school moneys 1t uses three months winch
mad already been included Iu the schuo
year for the purpose OF making the last al
vision thereof but We do not regard tu,
fact of sufficient Importance C. coutro. 1r
vary the explicit language used To- denu,
the commencement and close of the schol
year for the purpose OF making the mex
/ division of the school moneys. especially
when. to give 1t such Importance. would de
feat the manifest intention OF tine legIs.a
/ rure of helping the small school districts
Dated at Burlington TINS 9TH day of Jan
uary. A. ID 1891
JONATHAN Ross
Chief judge
RUSSELL. $. IAFT.
JOIN " BowEll
JAS " IYLEE
LOVELANu NrNEus.
HENRY Il START
LAFoRF-r II 1HnMp-Ys