Graham guardian., 1897-10-15
HANDS Off"
The Board of Supervisors Attack the
public school Funds.

Public school Funds.
The following correspondence
and decision of Attorney General
Frazier explain themselves in a
most important matter, namely, the
suggestion Of the Board Of Super
visors to gobble up the public
school funds derived from the rent
al of school lands. Attorney-Gen-
eral Frazler's decision is as fol.
lows:
PHOENIX, Oct. 5, 1897.
Hon. A. 2. SHEUMAN,
Supt. Public Instruction of Ari-
IONA,
Mesa City, Arizona.
Dear Sir:-Your letter of Sept.
9th, referring letter OF the Clerk
of the Board Of Supervisors to me
received. His letter reads as fol.
lows, to-wit:
"HOn. A. P. Sheuman, Superin-
tendent Public Instruction, Mesa,
Arizona.
Dear Sir: The Board Of Super
visors having been called in special
session four days for the express pur
pose Of attending to and leasing the
school lands of Maricopa County,
the question has arisen whether in
view of the fact that they are com
PEELED to meet as the Board of
Supervisors for the administration
Of county business after the amount
appropriated for supervisory work
has been exhausted and since the
leasing of school lands in the
county has increased the work of
the Board; is not just and cqui-
table that the expense Of such ex-
ira sessions should be paid out of
the fund derived from leasing
school lands, together with such
clerical hire as has been necessary
and indispensable during the past
month in the execution Of the leases
and the proper delivery and re
ceipting OF the same? The Board
has so considered the question and
| submit the Same for your consid-
GRAFTON and opinion before auditing
the regular monthly claims for this
month.
awaiting an early reply, l am
verV respectfully, Lee GRAY. Clerk
Of the Board of Supervisors"
Replying to you on the above
communication, l beg leave to say
that the Territorial law under
which the school lands were leased
is found on page 1924 5 9 Of the
Session Laws of the 10Th Legisla-
ture of Arizona. This law is
authorized by a United States
Statute passed by the 54th con-
gress in the early part of 1896. It
provides that certain Territorial
officials should lease and handle
said school lands until the Legisla-
ture of the Territory should con-
vene and pass law for the leasing
and care of said lands, in conform.
ity with said Congressional Enact.
ments. 1t also provided that such
Territorial officials might pay all
necessary expenses incurred in
leasing said lands out OF the pro
ceeds derived from the SAME.
The law passed by our logisla-
lure above referred to, places the
easing and management of said
school lands in the hands of the
Board Of Supervisors, and specifies
and at length how such
ands shall be leased and handled,
md among its many provisions it
ays just how the proceeds from
aid school leases shall be disposed
#. |
Section IS reads as follows:
The Supervisors SHALL at the
nd of each month pay to the Ter,
itorial treasurer ALL money col
ected, and must state in their re-
ort to the treasurer the amount of
lnds received from school lands
nd the amount from University
lnds."
Section ii provides that the 81 {
for exactlng a lease shall {
Q turned over to the school fund. t
ection ID also provides that any |
loney collected from certified a
opies of records by the clerk of r
le Board of Supervisors, shall be 1
Irned over to school fund as in u
ction IL.
There is but one provision in
is entire Act which authorizes o
mt to be paid to any official, and a,
at is found in Section II, which
thorizes the payment by the
Auditor for books and Y,
anks either to the Superinten. re
mt of Public Instruction or to the AZ
ERIK of the Board of Supervisors So
on proper acquisitions. The bI
"a of the Legislature seems to tr
We been to sacrediy guard any F,
'ney received by the Board of br
pervisors from the leasing of ca
lool lands. r.,
So that / conclude after a care p,
study of this Act, that it was so
} intention Of the Legislature CT
en- passing ii that the work of ba
county officials in leasing the in,
DOL lands of the Territory is a In,
t of their sworn official duties. oil