Evening journal. [volume] (Wilmington, Del.) 1888-1932, 1893-09-27
SCHOOL FUND OPINION
Given to State Treasurer Bur-
mite BY the Attorney-General.
THE COLoRED SCHOOLS NOT IN IT.

dends TO schools Of This city MA
teriauy ATeeted BY the Opinion Of
the Attorney G enoral.
Several important questions have
arisen upon the construction Of the new
school law passed by the last General
Assembly. The questions affecting the
duties of the state treasurer have 5een
referred by that official to Attorney
General Nicholson. He has transmitted
to Mr. Burnite his opinion, which is
self explanatory. 1t is as follows:
Colored Children Not IN It.
OFFICE OF THE ATTORNEY
GENERAL, DEIAwARE. Sept 10. 1898
Wilbur II. BURNITE Esq, State
Treasurer.
DEAR SIR At your request, l have
considered the following questions, viz:
"First-Under section 1, chapter COZ,
part ., volume 10, Pamphlet Laws Of
Delaware, which provides for the distri-
button and apportionment Of all school
funds annually appropriated by the state
for the use and support of the free
schools Of New Castle county excepting
the amount annually appropriated for
the use and support Of colored schools Of
said county You ask, whether after
the payment Of the sum OF $3.50 from
the afo esaid fund to each aud every
single district and 10 each district con-
tslned in every united, consolidated and
incorporated district IN New Castle
county. the balance of the said fund
should be divided among the school dis
tricts in proportion TO the number Of
children enrolled in the white schools,
or. ia proportion to the children enrolled
in both the white and colored schools
within the limits of each district
This section, after recognizing the
existence Of a separate aud distinct fund
for the support Of colored schools Of
said county aud expressly excepting
that fund from It's operation, proceeds
to direct the distribution and apportion-
ment Of the funds 20 which 10 does
apply, in the manner following. viz: TO
each aud every single district aud 20
each district contained In every united
consolidated and incorporated district IN
/ New Castle county shall be paid the
sum of one hundred and City dollars
/ The aggregate sum thus appropriated
to and distributed among the several
districts shall then be deducted from
the whole state fund due and appro
| priatad to New Castle county and the
remainder shall be divided among the
school districts in proportion TO the mum
Der of children enrolled in the schools
thereof provided, however il in the ap-
portionment aforesaid It appears that
at any time there are enrolled in the
schools Of the city of Wilmington more
than ten thousand pupils, the said city
shall receive its apportionment for ten
thousand pupils aud for no more By
this the sum of one hundred and fifty
dollars is to be paid to each district
without regard to its population, re
sources or other consideration. and the
balance of the fund, after deducting the
aggregate sum thus equally distributed
is to be divided among the school dis
tricts, not equally but according O. 4
rule OF proportion, the measure giveI
to determine the share of each being
the number Of children enrolled in the
schools thereof with q proviso thsi
the city of Wilmington shalt not at any
time receive an apportionment foi
more than ten Thousand children.
1T would seem that by Recognizing
colored chools as a distinct class OF
schools and excepting the fund provided
for the support of such schools from ttl
rule Of distribution provided in thi
section that the Legislature mean
schools other than colored school
when it provided as a measure for tn
apportionment of funds other than tn
oolored school fond among the sewers
school districts The number OF chill
dr0n enrolled in the schools thereof.
This construction of the languag
here used is sustained and made neces
sary by consideration OF th
statutes Of the state in pan
materia, which uniformly proyid
for colored schools as a distinct elias
with separate taxation, aud seperate m
propiiations, whilst they constant
/, use the word schools ia the sense o
schools for white children only, havin
continued TO employ the term since pr,
vision has been made for the support an
maintenance Of free colored schools, /
the same sense IL was employed befoi
free colored schools were established
law, in obedience TO the duty imposed
the fourteenth amendment Of prOvidin
equal facilities, all things being COZ
sioered, for children of ali races.
"a school district Is the unit of dil
, tribution ia this section. The schoo
thereof are the schools which furni'
4 the measure for distribution, and ou
Q general statutes use the term 'sohoo
I Of a district as meaning the viii
2 schools, which together compose the soho
{ district II is impossible to put upon u
a term by construction in this connection
. meaning that would make il include d
colored schools that may exist with
. the geographical limits of the district.
Il herewith submit brief abstract
the statutes bearing upon the question
"Second-ln Section , Of the san
> Act--which directs You as the truste
:, Of the school fund to deduct from Il
Q sum or apportionments to which u
+ several districts of this state are respe
!. lively entitled in the distribution Of q
i school fund Of this state. amounts equ
=. to those which, from the state auditor
settlement, appear to be respective
unexpended and in the hare
of the commissioners or clerl
/ Of the districts aforesaid and place 4
8 balance of the apportionment or amour
10 to which the districts are respective
p entitled as aforesaid, TO the credit Of Z
- said district in the manner now by Is
REQUIRED there Is the prOviso TIA