Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1893-03-31
Public School Money.
The Disputed Question of It's Division
under the Present school Law.
th.. Tlrr
From the Burlington Free Press

From the Burlington Free Press
No little uncertainty prevails in relation
TO the distribution of the public school
money under the new law, and it looks as
if this question as well as that relating to
the disposition of surplus funds possessed
by school districts would have TO be definite
ly settled by the courts in some form. 1t
is not improbable that litigation will arise
over the distribution of the school money,
or If this should not prove to be the case,
it may be necessary for the supreme court
to interpret the law, in relation to this
point.
The new school law makes no provision
for such distribution and the act of 1890
providing for a state school taxi must be
held TO apply to the case unless that act is
inconsistent with the new school law, in
which case the act of 1890 would come un-
der section 33 of the act of 1892, which
says: "All acts and parts of acts inconsist-
ent with this act are hereby repealed 1t
is not improbable that section of the laws
of 1890 relating to the division of school
money will prove to be inconsistent with
the new law. The section referred to reads
as follows:
The treasurer of the state shall annually. on
OF before the 10th day of July, divide the money
in the treasury OF the state. received on such tax,
among the towns cities and unorganized towns
or cores. in proportion to the number Of legal
schools sustained the preceding : hool year,
which sum snail in towns or cities not having the
town system nor graded school district, be di-
Nlded equally among the several school districts
when nave sustained a legal school the preceding
year, and in towns or citi having the town sys-
TEN or graded school district, such fund shall be
divided as now provided 10y law for the division of
school money"
Some of the school districts in sparsely
settled sections will undoubtedly be con-
solidated under the new law, in which case
some towns would not receive their Just
share Of school money after the first year.
The change would operate in two ways.
Providing the total grand list remain un-
changed, town which consolidated some
of its districts would receive less school
money than it did before, while the town
which retained its present number of
schools would receive more money than it
did under the district system. The num-
Der of schools being reduced, the amount
to which the town would be entitled for
each school would be increased. This
would be an unjust arrangement, and would,
to all appearances, render the old method
of division inconsistent with the present
law. IL ii is inconsistent il is not in force,
and there is no provision whatever for the
distribution of the money which will be de-
rived from the next school tax.
If, on the other hand, the entire act of
1890 providing for the collection and dis
tribution of school money is still in force,
sparsely settled towns must do one of the
two things. They must either maintain
their present number of schools and fOrego
the reduction in expense which would fol-
low consolidation in certain instances, or
they must content themselves after this
year with less school money in proportion
than they receive at present. Either PEN
atty may be regarded as retributive act,
| for ii was the plain intent of the trainers
of the school tax law of 1890 to compel the
wealthy towns to help support the schools
of the thinly populated towns. this being
shown by the adoption of the number of
| schools as a basis of division rather than
| school attendance.
But another problem presents itself. I'm
der the statute, the public money derived
from the school fund was divided among
the districts March "a. The new law does
not go into effect until April l. 1t con-
tains no provision for having this public
money retained and paid into the town
treasures. There appears to be nothing
10 prevent its division among the taXpay-
ers when the old districts are merged to-
| gether, unless the district clerks hold that
this money is included in the property
which is to be surrendered to the town.
In view of the uncertainty which sur
rounds this subject we wrote to Gov. Full
Ter to obtain some suggestion as to the
course to be pursued which might be OF
service to the people of the state, and we
are pleased to present his reply as follows
Gov FuIIer's Advice.
| Replying to yours of the 22d concerning the di
| vision of public school money, do not appre
| hend any serious difficulty concerning the same
think the basis of the division should be arrived
| at, at the regular time as usual, and that tn,
| money should then be allowed to remain in tn,
treasury unless there is perfect agreement as t
its disposal. Towns will be better of to wait
little while rather than to rush into an expert
ment. If n solution does not readily present IL
self the towns will not have to wait great whit
before the subject will be likely TO get before tht
court when a safe rule of action will be laid dowr
by competent authority. -
LEVI X. FULLER.
Gov. Fuller's suggestion is timely as wei
as wise, and one which it will be safe fol
towns TO follow.
Tho Eraa Draee covare tho s,rOupd var,