The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1897-05-27
THE LEGISLATURE HAS NO AU-
THORITY TO DIVERT THE
AVAILABLE SCHOOL FUND.
70 THE sam HOUSTON NORMAL
The School Fund Is for the Public
Schools of Texas and Can Not
BE Used by the Legislature for
Any other Purpose.

eral Crane on the power of the legis-
lature to handle the available school fund
was given the press yesterday by the at
torney general, at the request of the gov
ernor:
Hon. c. A. Culberson:
Dear Sir-Your asking whether the
public school fund of the state may be ap-
piled to the support of the Sam Houston
normal is before me. The question in
wolves construction of section 5, article
Z, of the state constitution, and indirectly
involves section 3 of the same article
Section B reads as follows:
"One-fourth of the revenue derived
from the state occupation taxes, and a
poll tax of 81 on every male inhabitant
of this state between the ages of p and
60 years, shall be set apart annually for
the benefit of the public free schools, and
in addition thereto there shall be levied
and collected an annual ad valorem tax
of such an amount not to exceed 20 cents
on the 500 valuation, as, with the avail
able school fund arising from all other
sources, will be sufficient to maintain and
support the public free schools of this
state for period of not less than six
may also provide for the formation of
school districts within all or any of the
counties of this state. by general or spe-
cial law, without the local notice required
in other cases Of special legislation, and
may authorize an additional annual ad
valorem tax to be levied and collected
within such school districts for the fur
ther maintenance of public free schools
and the erection of school buildings there
in; provided, that two-thirds of the quail
fed property tax paying voters of the
district, voting at an election to be held
for that purpose, shall vote such tax not
to exceed in any one year 20 cents on the
500 valuation of the property subject to
taxation in such district, but the limita-
ton upon the amount of district tax here
in authorized shall not apply to incOr-
pOrated cities or towns constituting sep
arate and independent school districts"
Section 5 reads as follows:
"The principal of all bonds and other
funds, and the principal arising from the
sale of the lands hereinbefore set apart
to said school fund. shall be the perma-
nent school fund; and all the interest de-
rivable therefrOm and the taxes herein
authorized and levied shall be the avail
able school fund, to which the legislature
may add not exceeding 1 per cent an
nually of the total value of the permanent
school fund; such value to be ascertained
nv the hoard of education until otherwise
nroyided by law: and the available school
fund shall he applied annually to the sup
port of the public free schools. And no
law shall ever be enacted appropriating
any part of the permanent or available
school fund to any other purpose what
ever; nor shall the same or any part there
of ever be Appropriated to or used for the
support of any sectarian school; and the
available school fund herein provided
shall be distributed to the several coun-
ties according TO their scholastic popua-
ton and applied in such manner as may
be provided by law"
Section 3 seems to indicate the charac-
ter of free schools to which the funds des-
ignated available school fund.- may be
applied. 1t can not be read without leav-
ing the conviction that the character of
school meant was the ordinary district or
community public school. This view is
very much strengthened by the provision
in section 3 which makes it the duty of
the legislature to supplement the funds
ON hand by taxation Sufficient to main
tain and support the public free schools
of this state for a period of not less than
six months in each year." This language
wouId he hardly applicabe to such schools
as the Sam Houston normal, and evident
ly was intended bv the constitution
makers as relating alone to the ordinary
public free schools. Section 3 plainly de-
fines what shall constitute the permanent
and available school funds and the
sources from which they may be derived.
1t expressly limits the purposes to which
the available school fund shall be applied,
viz: ''ro the support of the public free
schools" This limited application is
made doubly sure by the prohibition "and
no law shall ever be enacted aprOpriating
any part of the available school fund to
aily other purpose" The time when it
shall be applied is also stated: "The
available school fund shall be annually
applied, etc." The manner of distributing
this fund for use in the public free schools
is also fixed in the section quoted: "And
the available school fund herein provided
shall be distributed to the several coun-
ties." etc. The basis of this distribution
is not left in doubt: 'The available
school fund herein provided shall be dis
tributed to the several counties according
TO their scholastic population and applied
in such manner as NAV be provided by
law"
II seems that section renders construc-
ton unnecessary. 1t in very express
terms declares:
First-That the available school fund
shall be annually applied to the support
off tbe public free schools and to no other
nurnose
Second-That II shall be distributed to
tho yarious counties.
Tbird-Thot II shall no distributed to