Martinsburg herald. [volume] (Martinsburg, W. Va.) 1881-1920, 1899-05-13
SCHOOL. BOARD MEETS.
Wants a Reconsideration OF the Re-
apportionment of the School
Levy Upon the B. s o.

The regular meeting Of the School
Board held in the Second ward school
house Monday night was an interesting
one. Commissioners RusSler, kilnaer and
Bentz were present.
The meeting was opened by the read
ing Of a number Of bills by Mr.. Pitzer.
which were ordered paid.
Pref. Cole reported that. the colored
schools were in a better condition at pre-
sent than they had been for some time.
He said that FIVE pupils Of the school
would finish the course this year and they
were DESTROYS Of holding a commence
ment and receiving certificates of grad
uation, and he recommended that this be
done.
The Board decided to give the schools
permission TO hold a commencement and
the President was instructed to engage
the Central Opera House for w nights
in succession, June s and. 9, n for the
High school commencement and n fer
the Colored school commencement.
The question of issuing bonds was then
taken up and discussed. In order to
issue the bonds it would be necessary for
the question to be placed before the peo-
Pile to be voted upon and the Board de-
cidedno to bring it before the people at
the coming municipal election, as there
would be a great deal of political inlu-
ence in the election and they did not want
politics to enter into the matter at all.
The report of the committee appointed
to look into the matter OF the r~eapportion-
ment of the school levy upon the B. & @.
railroad by the county court, was then
read and adopted as follows:
To the Board OF Education, Martins
burg, w. Va: Your committee begs
leave to report the following facts in re-
lation to the matter of shortage in the
amount of b. & o. r. r. school tax due
M~artinsburg District from levy made for
the year ending June 80, 1899.
After much careful inquiry and inves-
tigation we find the real cause of such
shortage cam of the action of the Board
of County Commissioners as shown by
record Of session of that body, held on
Thursday, Nov. II, 1898.
On the day and date above mentioned
Mr.. ID. C. Westenhaver, attorneyfo for the b.
& 0. r. r. Company appeared before the
County Court and represented that here
tofore existing annual appointments Of
the tax valuation of B. & O. X. r. Co.
property were in error in both method
and amounts of apportionment as applied
to the several districts of Berkeley coun-
ty, through which the railroad runs.
Agreeable to such representation the
Board of County Commissioners aban-
doned the old method of a~pportionment
aud adopted a new method, the order for
which was prepared by attorney ID. C..
Westenhaver of the B. & 0. X. r. Co.,
and by the Clerk of the County Court, en-
tered in the record of the session Of
Thursday, Nov. II, 1898. The effect of
the order wa to reduce the approx
mated a-pportionment of assessment
$3.50, 82o.5I made upon B. & 0. r. r.
Co. property, for Martinsburg Independ-
end School District to S88,7Io.3S. a loss
of nearly 100000. BY reference to sec
ton AZ and "A of the school law of West
County Court shall on or before the is
day of July in each year certify to the
Secretary of the Board of Education the
aggregate value of all real estate in Mar
tinsburg independent School District,
which certificate shall serve as a basis for
any levy that may be made for school
purposes for that year. Immediately
upon receipt Of such certificate it shall be
the duty of the School Board to deter
mine the rate of taxation necessary to
meet all expenses of the schools of the
District, and report the same by their
Secretary to the Clerk of the County
Court" The County Court Clerk could
not have certified to any other apportion-
ed assessment of b. & O. r. r. real
estate property to the board of education
on July Ist, 1893, than that made by the
County Court, Oct. 90, 1897, namely:
S286.82o.5I for Martinsburg Independent
School District, and on which the Board
of Education laid the levy July Ist. 1898,
for ensuing year.
Therefore your committee inclines to
the opinion hat the County Court made
error in lis order OF Nov. II, 1898, by in
structing its clerk to certify to the Auditor
of the State for Martinsburg Independent
School District S~88,7Io.38, as its appor-
tionment of B.. & O, r. r. Company's
property valuation for tax basis, when the
court must have known that on July Ist,
1898, five months prior to this time the
School Board was compelled by law to
make levy on the then known apportion-
ment S~2S6,S2o.5I.
Your committee IS further of the opin-
ion that the County Court is not m
powered by law to make such radical
change in method and amount of appor-
tioilment of this b. & o. X. r. property
assessment without timely notice TO the
governments effected thereby: namely,
the school and city governments. In
conclusion we recommend that the School
Board present this matter to the County
Court and ask a reconsideration whereby it
is hoped that the Schools Of this City may
recover SS5s.ooy yet due on levy of July
1898. Respectfully submitted.
DIM. Kilmer.
A. +. Bentz, Gem.
A. T. Russler. }
The Board was very we'll pleased with
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