Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1897-07-21

hclal duties are directly cOunecteI with
them and the States expenditures - +
reference to his office are i,nuue,liateIv U
connected with the common school svs-
tenn.
counsel for respondent argue that as
said section provides that the interest
received from the investment in bonds ot
what = ."alled the State School Fund
Snail ." distributed among the several
| counties for the benefit of the common
schools, it prohibits any part of it from
"el' applied to relator's salary The At
t"rhey General, on the part of the relator
contends, that, even though that portion
or the general school fund derived from
interest be subject tothe restrictions placed
| upon 1t by section 3 of Art NJ of the
constitution, that it shall from time TO
time be apportioned among the several
counties, as the Legislature may provide
| ny law, there is no such restriction or
rule laid down to be followed by the Leo
| iSiature as to the portion of the money i'm
SAID fund derived from taxation" We
| fully agree with the Attorney General on
| this point.
Article NJ OF the Constitution reouires
the Legislature 10 provide for a uniform
| system of common schools. by which :,
SCHOOL Snail bH Established and maintain
! ed In each school district, at least six
| months i'll every year: that the Lepisla-
ture shall provide special tax which
| shall not exceed two mills on the dollar
OF all taxable property in the State. in ad
dltloh to the other means provided. for
the support and maintenance of the State
University and common schools. II will
be observed that 1t is optional with the
Legislature whether it shall provide
lnhdS I" establish and maintain school
IN each district for greater period than
SIX months in every year or not. And
the Legislature has the option of fevyinp
special tax of 4 fractional part OF a mill
on the dollar. up to two mills on the dol
lar, or twenty cent OH the hundred dol
lars Of all taxable pro perty.
me Legislature of 1897 like those pre-
cedlng it. provided. that of the advalorem
tax levied on each one hundred dollars of
taxable property for State PURPOSES tiy..
cents Shall 90 into the General School
und, and 1t was provided by the General
appropriation Bill, AS it had been pro
Fr!ed by every other appropriation Bill
Tor the last fourteen wears. that the salary
OF tn" superintendent shall be paid out of
ih"t lurd. The money that 90 into this
fund from said source amount TO over
ten thousand dollar, per year.
ii x We're necessary TO di~tr;Hutn all Of
ti!H school money derived from taxafion
among the several counties to sunnort
the common schools for the length of time
required by the Constitution. six months
IN every year, there might be some force
IN the contention On the part of the re-
~pnndont. But such necessity does NOT
'H"*'r, u:d it is not claimed u exist.
Then whether the REALTORS salary Sa;,]I ne /
PAID ont of this fund. or from some other |
source Is simply a question Of policy ON |
the part of the Legislature, with which |
the courts have nothing to do. and o,ar /
which they have no control
Practically, it does not make a farth-
ing 5 difference to the taxpayers. whether ,
REALTORS salary is paid out of thi, fund !
or Ihe general fund i'll the State Treasury
The Constitution leaves it entirely 10
the discretion of the Legislature. wbe1hnr
II shall put five cents of the proceeds of .
said ad valOrem tax into the ,;anor.,I .
School fund for common school purno,os /
OF a lesser sun oE a greater sum- provided |
the greater sum does not exceed t,ven,>-
cents on the hundred dollars of taxahln |
property And it is likewise left to its
"i9'r''i"h as 20 what part of the moneys |
'l"' II puts INTO the said fund.- shall be |
distributed among tn" said counties. and |
as TO what part shall he otherwise nsad f,.
the benefit of these schools. for purnoso.
and E>e> Immediately connected with tho
common school system.
IL anything was needed to support our
views or the c0nStitutionaIitv of the an
preparation III question beyond the terms
Oh the constitution, ii may be found in
the following facts: In 1881 the IegisI.-
ture by an Act reducing and tiyiuo tho
salaries of the State officers Inv IT,. to,.,,
made the salary of the Superintenden+
paEaole out OF the General School Fund
which Act took effect on the first Monday
OF January, 1883. The Legislature of 1882
made an appropriation for this salary ont
OF said fund and likewise at every session
thereafter In 1885 an amendment was
proposed and passed, to Section + of Arti
cie NJ, which simply changed the section
by making two mills on the dollar tba
Limit of the special tax lew.
instead OF one half of amill. as if WAS in
the original section. In 1897 the aneu1-
heht was agreed to and passed and at
special election i'll 1889, it was ratified bv
he pepI view of the fact. that lono
prlof 10 The pt'. ii and adopt IN of said
amendment by the Legislature owl its
'atiticaton by the people. t,... t..rv of
ne superintendent Was made payable !
'u' OF the General school Fund by the
'ald Act of 1851, and by subsequent ap-
preparation bills, we may reasonably con-
''ude that such payment is within the
mplatiOn of The Cnustitutinn th..1 Il