The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1897-12-21
MAY GO BEHIND THE RETURNS.
state Superintendent Carleton Says County
super.ntend.nts Have This Power.

state Superintendent Carleton Says County
super.ntend.nts Have This Power.
Special Dispatch To the Standard.
Helena, Dec. 2o.-SEate Superintend-
ent of Public instruction Carleton to-
day rendered an opinion that Will be of
vial Importance TO the county superin-
tendents of Montana. 1t relates to the
powers of county superintendent to
question the school census as returned
by the clerk of a certain district. and in
case of "a proved error to make corfec-
tions which viii necessitate reappor-
tionment. The matter came before the
superintendent from the same source
that he received an inquiry from in re-
gard to the legality of enumerating half
breed Indian children with whites.
When DR. Beaupre clerk of a district
in Teton county, addressed the state su-
perintendent in regard to enumerating
the 10 or more half breed Indian chill
dren living upon the Blackfoot reser-
walton, he also inquired Ii in case the
state superintendent decided that such
counts should not be made, IL would be
proper for the county superintendent to
read1ust or reapportion the money SO as
to eliminate the half breeds. This in
volved the proposition of the county SUI
perintendent going behind the returns.
as 1t We're.
1t was a question that had never been
passed upon before and the state super
intendent devoted considerable time and
thought to the preparation OF an opin-
ion. which he furnished the press to-
day.
After reviewing the law In regard TO
the rights and duties of county super
intendents and district clerks in the
matter of apportioning money and TAX
ing the census, the superintendent says:
1t often happens that school clerks are
not the most careful people In the world
n mr. pgn 4aa EaXYA Hair 3Sf ha
county superintendents In such matters.
Every district is anxious to enroll as
many pupils as possible. to the end that
It's proportion of school money may be
increased. The temptation to enumerate
pupils not legal residents of the district
is always great. Every possible doubt
is resolved by the school clerk. very
naturally. in favor of his district. As
result, hundreds of pupils are enrolled
twice during the school year and hun
dreds Of others are enrolled who are NOT
of school age. Under the law pupils can
be listed in but one district in any given
school year. To make the clerk the final
arbiter In such important matters as
those which affect every school in the
county, under these circumstances, is
most unwise. The legislature was
doubtless influenced by some such rea-
sons as these when Ii enacted legisla-
tion upon this matter so radically di4 err
1hh AtoAiA LAidN " We A9ad hEi&IlAotE
had. The law. as 1t now stands. is a
great improvement over the old law and
affords protection to all the school chill
dren of the county.
Having concluded that the county
superintendent can investigate and cor
rect the returns of the clerks, | am OF
the opinion that the former apportion-
ment should be cancelled and a new one
made, If said apportionment was made
upon the basis of the returns OF any
school clerk which was incorrect or
which has enumerated half-bree1 chill
dren residing upon the Blackfoot reser-
yatiop. You are at liberty to show this
letter TO your county superintendent
who. Ii the facts are as stated ia Your
letter. Is advised 70 act In conformity
with this opinion"