Lincoln County leader. [volume] (Toledo, Lincoln County, Or.) 1893-1987, 1894-05-10

! va + Shd'' DOOIh,
Dear sir;-Replying TO your favor
Of TIE Goth inst. just received, I
give you my opinion as follows:
I. SECTION IS absolutely re-
quires that the county school super
intendent shall apportiou the sum
Of $50 once each year to each dis
trict that has reported to him by
law. There is no choice in the
matter or option on the part Of the
county superintendent. The law
is mandatory and absolute, and
do not see, therefore, how you can
apportioa $50 to each districtunless
you have it on hand.
! 2. In view of the above, can
see no other course TO pursue than
that you wait Until your county
officers the sheriff and treasurer,
shall have secured sufficient money
to give TO each of your districts at
least $50 under the law.
8. You will observe that the ap-
portionment OF the $50 to each dis
tract has reference particularly to
school money produced by the
county school tax only. If, there
fore, in this connection you have
county school funds on hand, Sc
cured from the county school levy,
whether for the year 1892, 'o3 or
ga, and have sufficient funds ac-
cumulated during the above years
from the said school fund &c give
to your school districts $50 each,
then proceed todo it. IF, however,
you do not have sufficient funds on
hand for such distribution, then the
only solution that 1 see is for you
to wait until you do have sufficient
funds to make the $50 distribution,
and if there be a remainder you can
then make distribution pro rata,
as called for by law.
Yours very truly,
+. B. MCELROY,
State Supt Public Instruction.
Mr.. Booth further says in his
communication, as follows:
1T will be seen from the above
communication, that I cannot ap-
portioa the county school fund,
until there is enough money in the
hands of the treasurer 10 give every
district i'll the county $50. The
intention Of the law in this is, with
out doubt, to foster the smaller
aud weaker districts. At the pres
ent time, according to the latest
statement received from the county
treasurer, we have Only 81, 262 .a2
of county school money in the
treasury. AS it would take Sc 900
to make the $50 apportionment, 1
am compelled to wait till I am
notified by the treasurer that there
is at least that amount in the treas
ury. 1t will be remembered that
the same thing occurred last year,
the April money not being appor-
toned till June, and even then it
was done by borrowing a little from
other funds"
The statute regarding the appor-
tionment ofthe school funds SAYS:
s. "He shall, on the third Mon
day in April and the third Monday
in August of each year, make an
apportionment Of the entire school
fund then in the county treasury in
the following manner:-Of the
school fund in the treasury of his
county that has been collected in
pursuance Of the school tax levy of
the county court Of his county, he
shall apportion the sum of fifty dol
lars once year to each Of the sew
eral districts of his county that has
reported to him as required by law,
and all the balance of the school
funds Of whatever nature thereafter
remaining in the treasury of his
county shall be apportioned by him
among the several districts Of his
county that have reported to him
as required by law i'll proportion to
the number Of persons in each dis
trict over the age of four years and
under twenty years; Provided. that
if at the time Of making such APP
portionment there shall not be a
sufficient sum Of money in the
treasury Of his county of the school
funds collected in pursuance Of the
school tax levy of the county court
of his county to enable him to ap-
portion 10 each district in his coun-
ty that has reported to him as re-
quired by law the sum of fifty dol
lars, then in that case he shall APP
portion the entire amount of the
school fund then in the treasury
that has been collected in pursu-
ance of the school tax levy of the
county court of his county pro rata
among such districts Of his county
as have reported to him according
TO law 4
1t will be seen by the reading Of
the above law that the county
superintendent can and should APP
portion what school money there
is ON hands. Mr.. Booth does not