The Atlanta constitution. [volume] (Atlanta, Ga.) 1885-19??, 1894-07-16
TEACHERS GET II.
Their Money Due Them for the Past
Quarter Will be Paid.

TEACHERS GET IT.
Their Money Due Them for the Fast
Quarter will be Paid.
Attorney General Terrell has rendered his
opinion on the point raised about the pay
ment of the school money to the teachers,
and his opinion is, in substance, that the
money need not be paid back by the school
fund unless 1t is needed for other purposes
in the treasury.
This sustans the view OF Captain Brad
we'll and the friends of the school, ana
settles an important point.
OF course it Is clearly understood that
the point raised by Treasurer Hardeman
was simply as to the construction OF point
of law which relates to his office. and was
not in any sense in antagonlSm 10 the
schools. The treasurer is one Of the strong
oet friends the public schools of Georgia
have 1t was clearly his duty, however, DIS
treasurer to call for opinion from the
attorney general on point when was dls-
nuted and which meant 50 much not only
to the treasury, but to the school system.
The attorney generals opinion is as 1ol-
lows:
ATLANTA, Ca, july II, ls9i.----oh- *. y.
HardeInan, Treasurer, Atlanta, "a Deii1
Sir; In reply to your request Oh the ~
instant to construe for you That clause .!
the act providing FOR quarterly payment "
the school fund to teachers, approved De
cember 2l 1893. relative to the repayment
of the loan of $3OV,G00 authorized ny tile
fourth section thereof beg 10 submit 'he
following: go
..Section 4 authorizes the treasurer 10
draw on the first day Of April, on any
funds in the treasury, S3O9,oto 10 pay 'iie
teachers quarterly, the same 10 pe iep"i n
from the school fund when the same sl"Ai
be paid into the treasury. lie scnoot - ia +ha
is composed OF one-half of the rental OF the
Western and Atlantic railroad, certain spe
cifc taxes and dividends, tax on polls anu
such direct appropriations dIIsin1 NV
property taxation as the e st-aCen 10
s.e proper tic make. Cnder me - ~ +bic
onaratjon relative to the payment u titi
ttInu INTO the treasury, the rental % t ti
Western ana Atlantic fahro@u 'Ahu IN
enecihc taxes ana ulVtdenus are pau 40
timer monthly or as ColIecled from tiitiS p
time. and the sum appropriated lroIii oti ,ten
taxation at the end or the year, VI q" '"'-'
as the property taxes are collecte": ,,o "a
"Standing alone the words me SAM ~, ~
he repaid nom the school luho Wliclt o IA
ia1I1I mean that the 100000 should pc
repaid from the school tund as IL - tr dth
INFO the treasury, but. Wheh Co!'9 81 : ~ act
I-fprance to the other sections o. tnc g.,
ana with the obvious purpose ana e iiltTi' tba
Of the LEGISLATURE as gathered ION III; ia
nhnIa ac, think these words SuSctpttpic
" ~ L,ooIa. or more liberal inter pretalloh'
."The scheme of the act is AS IolloWS. ~!
the 3lst day of March Of each veal vi %
soon thereafter as practlcap4e, tIle 'i ~
tin,iin~ boa ri shall appo- ton to the various
cnnntfes If the state the amount OF sctooi
fund in the treasury ON me "lsn u AN the
March and a similar apporuonnent on ' ~
9ath I,X of lime 3Oth day OF september
md 31st day Of December OF each year, p ,
for the school year OF 1914, ao ~ ha coTn
cause the act made the same 10 pc ColmJ
nosod of eighteen months, VIZ: from Jaii ti
| 1884 10 June 3d. 1885, and left ii dlsc te. , ~
arv with the county boards OF s4uca IN thaso
or,ar:te the schools any time during tleS0
eighteen montns. the treas a5n, ooS On the
thorized to make q loan OF $3ooVJV on Wy
Arri1
from any other funds in the ut19u4y ~ n
apportfoned the goth day or Jun, " of+ ,sr
az tirne OF the first appOrtionment aIter
Anril la. and used In making the quar- Ter YER
l. PAYMENTS for the quarters entlnS %unH
goth and September Soth. me ti1r5a If
certainly being aware that AZ the tir"e %
NE second ana third aDportionment, VIZ
in June and September. there would pt u
smaller amount of the school iund III ti
fraasnr, than at either the first OF the
fourth appointments, ana LOT tll't 1901 al
in counties where the schools We're o9Ti -" 80
during the first six months OF lSHt tne
CIarterlv payments to teachers Wouia nee
essarilv be small To meet TINS Go1lln7
gency the legislature provided lor eit4 nt U"i
OF 5000 600 that being considered snnleIe tlt
r. eGuaIiZe the payments at the diilereht
nI,arters To repay the same as the Schoot
fnnd is paid into the treasury wQuld ig cav
nuIv the s3O0 600 TO be apport!oned on june
S0th and would practically amount 10 i?ah
OF only 100000 IS the scheole iu'll r, W''t 1st
was Maid into the treasury fOr April Isl
70 ,Iune 20th understand to be about Sltu-
(0o 1t would leave nothing 10 pe appo -
+iODed SoDtember 3Oth, as the luIu paul 80
from June 30th to September "oth Toulu
not be sufficient to cancel the loan. mas as
much as the board appOrtioned this S5G0Vm
in connection with the first quarter. II
the loan should be repaid rs me tuhd c9nleS
into the treasury. there would be holrInS
LEFT 10 be apDortiOned either for the June
or September appOrtionment Such COW
structi0n would. therefore. defeat the ilanl-
feet intention % the general assembly pE
making no payment for one quarter anu,
under the facts. as they exist no p2Emeht
for two quarters. The last provi%o 70 the
rffh section is as follows: PROVIDED fui-
thar. it (anything in the acD shaN not
affect the quarterly payment OF teachers
as nv this act directed This seems to en-
ma Sire the intention OF the lawmakers as
marifceted by the whole act. =
For these reasons. do not ttNhK II
,nanfla tory upon YOU to credit this loan
with the local school fund rs 1t s pala
into the treasury unless the neceSS,tieS OF
the treasury require the same 70 ne zone 70
nrevont \ deficiency therein. Whether you
ranoy the loan with the school fund p?iA
in durin@ the quarter lust ended ana Win
that paid in during to" next qu1r@r' ~
wait until during the quarter IN Whlcn me
direct taxes ore paid is, IN my o}''i" ~,
Eiscreti0Dafy with you: such Gigcrefl91i 10
he cortro1lr1 ms inti"12tnd above, ny Il
due c0nsidera ton of the necessities OF th',
treasury and also of the obvious Wt0h, or
the act, viz: tc provide as far as possible
fni, the Quarte~ly payr0" Of ~" feH"fers.
Yours very trulv T. NJ TFPREGf! l..
attorney General
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