Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-04-07


Some doubts appear to have arisen as { o
whether the II per cent school tax required
by section 2SS of the laws Of tSSS is still
to be raised. That section has not been
repealed and is still in force, and the tax
must still be raised unless the provisions of
this section havebeen superseded or become
inapplicable. That section appears to
have been left out of the revision of the
school laws made this year; but, as this
revision is for convenience merely, and
not an enactment, that does affect its
validity or operation. That section re-
quires the income appropriated to the use
of schools, exclusive of that from the
Huntington fund, and one-haf of that
fIem the United States deposit money, to
be made up to II per cent of the grand list
of each town. Section II of No. 20 of
the act of 1892 requires the appropriation,
on the recommendation of the school di-
rectors, of not less than one-ffth nor more
than one-half of the grand list, that is, not
less than 20 or more than 80 per cent.
In towns where there is no incorporated
district this sum is to be raised on the
grand list of the whole town, and must ex-
ceed II per cent of the grand list. This
will cover the II per cent tax and answer
the law requiring it, and make the law in
applicable to such towns. But in towns
where there are incorporated districts the
appropriation on recommendation of the
school directors is not to be raised on the
grand list of the towns, but by section Is
Of No. u of the laws of 1892, section III
of the revision, is to be raised on the
grand list of that part of the towns outside
of the incorporated districts. Twelve per
cent of that grand list would not be II per
cent of the grand list of the town, and 20
per cent of it, or the sum recommended by
the school directors, might not be; and the
requirement would not be fulfilled in this
way. Besides this, section l of the act of
1892 creating the town system, expressly
provides that incorporated districts, not by
vote becoming part of the town districts,
''shall in no way be affected by the provis-
ions of this act
Among the rights of the incorporated
districts not to be affected is that to their
shares of the public school moneys. The
income of the United States deposit money,
from the Huntington fund, and some from
other sources remains, and this II per
per cent tax goes with it to make up the
public school moneys of which the incor-
porated districts are entitled to their share.
This tax in towns where there are such dis
tricts must be raised so that they may have
their share to be divided to them as before.
Thus it seems that in towns where there
are no separate incorporated districts this
tax need not be raised; and that in towns
where there are, ii must be raised.
There seems to be an understanding by
many persons that public schools cannot
be held during the months of July and
August, on account of a provision to that
effect in the act of 1883. which has not
been expressly repealed. But the latest
law always governs, and in section of
the law of 1892 ii is provided that schools
"shall be held at such places, and at such
times as in the judgment of the board of
directors will best subserve the interests of
education" This leaves the whole matter
as to when schools shall be held to the
judgment of the school directors of the
several towns.