The Anaconda standard. [volume] (Anaconda, Mont.) 1889-1970, 1899-10-17
PROBLEM IS UNSOL WE'D
School Board Does Not Know
How to Keep Schools Open.
WILL CLOSE IN JANUARY
And Then Will Come Nine Months OF
Vacation for the Children-Special
Session OF the Legislature
Is Being Talked OF.

There was to have been meeting of
the school board last evening, a special
session having been called, but Trustees
futile and MacCallum were the only
members present, so it was postponed in
definitely.
The object of the meeting was to dis
cuss what should be done in the present
remarkable condition of school funds The
now famous decision of the supreme court
declaring special school district tax levies
illegal has left the district practically
stranded.
The funds available, the trustees esti-
mate, will carry the city schools on to
jan l and perhaps week or two longer,
but after that they must close, not to re-
open until September. The 5000 city school
children will be left untaught for nine
months.
There has been more or less talk on the
streets of taxpayers voluntarily paying
the special levy and furnishing the money
that, but for the action of the supreme
court, would have been collected legally.
This is considered impracticable
the school board last night, 'the treas
urer could not accept the money as treas
urer. 1t would be necessary for the board
to designate him the custodian Of the
money, and he could receipt for it only as
such custodian, and not as county treas
urer
but, aside from this, by no means a
considerable number of taxpayers would
voluntarily pay their share. Property
owners without children would not be
likely to Fay for the education of the
children of somebody else, when very
probably that somebody else was refus-
ing to pay. So it would go, and | doubt
this manner.
Special enactment by special session
of the legislature is the only remedy l
see, and 1 doubt if that enactment could
reach the situation for this school year.
If the legislature legalized the, present
special tax levy or one similar to it the
tax would have to be collected outside the
regular tax collections, for these collec-
tons are about to begin.
1T is certainly a hard situation, espe-
cially in Anaconda, where there is such
large proportion of the juvenile popula-
ton without proper home surroundings
and absolutely dependent upon the public
schools for their proper up-bringing."
The county treasurer's policy in refusing
levy was at first criticised by some on the
ground that he should wait to be officially
notified before departing from the order
in which he had intended to proceed with
collections. Since the matter has been
given wider publicity his action is APP
proved.
The treasurers position is that supreme
court decisions are matters of public rec
ord and all are supposed to take cogni-
zance of them without5off1cial notifica-
ton. Were he to disregard the decision
he would involve the county in heavy
court costs.
For instance: Should he demand of a
taxpayer his assessment under the spe-
cial levy and, the taxpayer refusing to
pay, withhold a receipt from the tax
payer, he could go into court, sue the
treasurer, compel him, under the supreme
court decision. to accept the regular tax,
exclusive Of the special school tax and 20
issue d receipt in full. The county would
have to pay the costs. Litigation and
endless expense would pile up were the
treasurer to take any other course than
that which he has adopted,