New Ulm weekly review. [volume] (New Ulm, Minn.) 1878-1892, 1892-02-03
Attorney General Clapp Answer to Inter-
esting School Questions.
County Auditors Alone have Power to hold
back State Money.
The Court Alone can Decide Whether 8
District is Entitled to Public School
Money.

4
ial Association.
This opinion has been awaited with
much interest, for it is understood to
have an important bearing upon the
''public school question. y The Mime
apolis preachers decided to institute a
crusade against the mixing Of the par
ochial and public schools, and deter
mined first to become fully informed
as to the legal aspects of the situation
SO as to proceed with safety. AS an en-
tering wedge it was determined to
| find out first how to determine in case of
disagreement, whether or not a school
in question was ''public school, under
the statutes; and second, in case a
school was decided not a public school
within the meaning of the law, how 10
stop the apportionment of the state pub
lie school fund to such district. In these
question Protestants and Catholics alike
| felt an active interest, and it was there
fore matter not to be settled ff-hand.
Attorney General Clapp took the matter
under advisement for several days, but
as he was about to start for Washington
last night, he considered the question
| in hand at once, consulted the statutes
and constitution, and yesterday sent to
the chairman of The Minneapolis COM
mitteee his reply, which is given in
full below
Rev. Nj. Falk Gjirtsen, Minneapolis,
Minn.-Dear Sir: You make the follow
ing inquiries of this office:
s'First-When the character of a
school is brought into question and q
disagreement exists whether the school
in question is public school within the
meaning of the constitution and laws of
this state, who is to officially determine
the character Of such school.
''Second-What would be the proper
legal proceedings to prevent the pay
ment of public school money to such
schools as are not conducted as public
schools within the meaning of the con
stitution and statutes of this state?
81 understand these inquiries are sub
mitted on behalf of committee of
which you are chairman. The answer
to the first inquiry is necessarily in
volved in the answer to the second in
quiry. Under the laws of this state,
the money used for the support of pub
lie schools is derived from several sour
ces. There is what is known as the
current school fund, consisting of the
general school fund, together with one
mill state school tax.
"There IS also local mill tax levied
by the county com missioners and fund
accrueing from liquor licenses, estrays
and fines, In addition to this is spec
ial tax voted by the district, not neces-
sary, however, to consider in connec-
ton with the inquiry.
''The state superintendent of public
instruction is required to make an ap-
portionment of the available current
school funds in the state treasury,
among the several counties of the state,
on the first Monday in March and the
first Monday IN October of each year
! (and provision is made for remitting to
the several counties such apportionment
less what is turned in tax settlement),
upon the basis of enrolment and attend.
ance. The evidence upon which the
state superintendent acts being the re-
ports of district clerks, made to the
county superintendent, and by that Of
fcer reported TO the state superinteud-
ent.
AFTER the state superintendent has
made his apportionment to the several
counties of the available current school
fund, the county auditor is required tc
make an arportionment Of the money
in the county treasury accruing from
the current school fund, liquor licenses
estrays and fines. The so-called local
mill tax n ot being apportioned as il
belongs with the special tax to the dis.
4 tricts in which it is raised.
The apportioment made by the coun'
ty auditor is based upon the enrolment
and attendance as reported to him by
the county superintendent. There are
certain conditions attached to the ap.
/ portionment not necessary to mention
| here.
j 81 have at some length referred t.
the sources from which the money usee
for the support Of the public school Il
4 deriyed and the manner in which it il
! apportioned to correct a misapprehen