The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1893-09-28
STATE SCHOOL FUNDS
Officials Having Heap of Trouble
Collecting the Balances.
Superintendent Worries Defends the New
Law and Asks that Suit Be Brought
Mr.. Smiths Opinion.

The agents of Attorney general Smith
are having q heap of trouble IN collecting
the unexpended balances of the State
school funds from various school corpora
lions throughout the State. In order TO
help the matter out the State SupcrIn-
tendent OF Instruction has addressed TO
him q public letter in which he explains
the purpose of the law requiring these
balances to be turned back to the State.
In this letter he says:
Prior 10 the meeting or the General Assembly
OF 1893, with the advice and assistance OF tie
legislative committees appointed by the state
Teachers and County superintendent Assoc
Cations, L drafted the refunllng law, for the ex-
press purpose OF correcting what has long been
known 10 be q great evil. As shown by its con-
text. the law was intended to compel school
officers TO pay back for redistribution by the
superintendent OF Public Instruction, such nn-
expended balances OF the state tuition revenue
as might be in their hands at that time. and for
i ne5c bv .n 1ay c ss tbs sa statue ne P pcsnipss use an a ,n,t,on
revenue TO be expended In the year for which 10
was apportioned.
Ithas long been known that in many school
corporations OF the state balances have accum-
ulated, and increased from year TO year when
not a cent OF local tuition was laid: while in
other school corporations where high local levies
Were laid. and in many instances the levy ran
beyond the statutory limit. no unexpended bal
anceS renamed, and the schools were cut short
pended balances ranged from five To thirty thou
L cdnu ulidES. III IldDN cases the Daldntt Is Tie
direct result OF padded enumerations. some
cities and towns enumerating 40 70 90 per cent
OF their population; IN Others IL was brought
dDout ny not keeping the schools open long
enough, and in some by reason OF large parochiai
schools i'll the corporation; and, again, in Others
BY O combination OF circumstances.
This is no new subject. All OF my recent prede
cessors have known that uneNpended funds
were accommodating in some corporations, nota.
bly, cities and towns, and IN many OF the town.
ships as well. They have tried TO correct this
evil by more stringent enumeration laws. pre-
-aa~sn che I'D ~ mn
will be recalled that my immediate predecessor,
the Hon. II. VI. LaFollette, was roundly abused
for attempting TO remedy this evil. and prevent
the padding OF enumeration returns.
The legislative OF the school c0rpor-
ations OF the State agreed on q stricter enumera-
ton Oil. anu urged IL In the last General Assem-
bly,, but 1t was defeated, as all previous like
efforts have been. la many instances padded
| enumerations still insure these unexpended bal
ances. / was severely censured for my connec-
ton with this refunding law, and for several
other measures that l considered necessary cor.
receives.
Ii is now argued that these unexpended bal
ances are the result OF local levies and are not
State tuition revenue. III this be true. IL Is in
order to explain why local levies were laid when
the unexpended balances have been increasing
from year 10 year.
Tuition revenue can be expended for no other
purpose than for paying teachers. A very SIM
pie calculation Will determine how much will
be required TO pay teachers OF n school corpora
ton. The amount that will be received from the
State can be very closely approximated; hence
can see no reason why mistakes in making local
Ievies should amount TO thousands of dollars.
1t Is also claimed that local levies have been
largely reduced. and that If this unexpended bal
will be greatly crippled thereby. To this it 10
only necessary to say that all this money will be-
be lprorated and reapportioned on the first
day OF January next, aud will reach them in
plenty time for the present school year.
The State tuition revenue belongs 10 the school
children OF the State. and not TO any particular
corporation. And / am wholly unable to under
stand why any corporation, after having paid
the expenses OF the schools as long as II Is de-
Il sired TO keen them omen. should claim the nnex-
1t is claimed that this law was inspired and it's
passage secured by wholly unworthy motives.
This L EN- phatically deny. Every mem Der of our
school committee was aiming TO frame a law
that would do full justice TO the school children
of the entire State. II we had thought OF in
creasing the fees of any officer we would NOS
withheld" This TACT alone refutes that charge.
We all know that no officer could diminish the
school revenues of the state one penny for his
fees. 1t is equally apparent too. that II the pro-
visions OF this statute are complied with there
will be no chance OF profit 10 any officer OF the
law.
This act. as construed by you a few weeks ago,
is strongly opposed by many of the trustees OF
the state. Its now apparent that It will not be
complied with unless enforced by the courts.
Therefore, that trustees may know and per-
form their duties under this act, I urge you to
bring suit and have the law interpreted and e.
forced by the courts as speedily as possible.
In an opinion upon the effect of this law
the Attorney general says:
The school tuition fund. az constituted In the
several townships and school corporations OF the
State. consists or several funds, but Is usually
made up OF the State school revenue, the oon-
gressional fund, liquor licenses, surplus dog
funds and local tuition. The several funds are
merged into one sum, and out OF this aggregate,
thus commingled, the school expenses, properly
chargeable thereto, are borne. Inc present law,
as clearly shown by a perusal Of its terms, re-
quires that on the trst Monday or July in each
year any unexpended balance OF the tuition
revenue paid by the state in excess OF one hun
drsd dollars shall be paid over 10 the county
treasurer and by that officer reported 10 the
State superintendent OF Public Instruction
as tuition revenue collected in his county
and ready for distribution at the next
apportionment. The only problem. then, Is that
OF ascertafping from the entire fund, constituted
and cOmingled as above described. what. IL any,
part of the tuition revenue paid In by the state
in excess of 800 did. at the time named. re-
main unexpended. nc would certainly be in
violation of every rule, custom and judicial de-
cision applicable to such a state of facts TO say
that if there had been paid into the hands OF n
township trustee, for school purposes, the total
sum OF 81 900 tor o particular year. $500 OF
which came from the State and 5000 from
liquor licences and other sources THE whole
being lndiscriminately Mixed. and $500 or
year, that such balance represented the sum re.
eeived from the congressional sca1ol
Give hun ired dollars) was paid out of the State
school revenue, therefore leaving no balance af-
fected by the law I'm question. Clearly NO trustee
or treasurer OF a school board conld MAINTAIN
such q position, because the proof as to what
funds were nded-wh those received
from the State or from some other source
would be an utter fmpossibiIity. The moment
that the several collections are merged into one
common fund their identity becomes lost, and it
would be the boidest sort OF evasion for a trustee
to assume that from the general fund, thus con-
stituied, all expenditures we're made out OF
moneys paid in by the State. And right here is
shown the wisdom aud efficiency or
the law, for when IL becomes known
that the State school revenue must be ex-
pended or refunded. wherever adequate. all
school expenses will be betrayed from this source
and to that extent at least the people will he re-
lieved from unnecessary local leyies. which. IN
many places, are continued with the sole result
OF leaving large sums in the hands % officers
who have no legitimate means OF employing II
1t is therefore plain that the only rule applicable
in the execution OF this law il that which uni
forInly controls in the distribution OF a5y trust
which Is made up or several items merged into
a general fund by which various interests and
parties are effected. That is by a pro rata dis
trlbution.
The Pennsylvania Verdict.