The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1901-01-18
TO HAVE A FRIENDLY SUIT
The Board OF County Commissioners
Board OF School Directors Object and
a Friendly Suit I'm Court VIII be the
Result.

By common consent the funds deriv-
ed from liquor licenses ave heretofore
gone without question to the school
fund. The board Of county commits
%sioners, however, have been looking
into the matter and they recently de-
cided to hold the liquor license money
for county purposes. The boards &C
tion was based on the ground that it
was positively necessary to utilize this
fund in conducting the county's affairs,
as the tax rate is now up to he full
limit allowed by Law. The board got
the opinions of County Attorney w. B.
McKoy and the Hon. George Rountree,
and they held that the board had the
right to use the none for county pur-
poses. 1t appears that the act provides
that each county shall levy for state
a license of $50 for n sale OF
spirituous liquors. and for county pur-
poses an additional license not exceed
ing $50 which may be set apart for
schools. The commissioners attorneys
are of the opinion that as the act is not
mandatory in applying the liquor tax 10
school purposes and that the word
"may' leaves it entirely to the dis
cretion Of the board of commissioner
what QISpOSlIlOn " q VI AS AN4N
taxes. InaSynuch as an act Of the gen
eral assembly authorizes a special tax
for school purposes, and that he liquor
tax is needed by the county, the COM
m~issioners recently ordered that the
liquor fund ne withheld from the school
fund.
The act Of the county commissioners
upset the school authorities and the
members of the board of school direc-
tors, and Mr.. James F. Post, chair
man of School District No. 1, and Mr..
Mr.. James II. Chadbourn, chairman or
School District No. 2, AVE held several
conferences with the commissioners
about the matter. The school nthor
ties contend that the school fund is
lawfully entitled to the liquor license
money, and even if it is not, the chools
cannot be conducted without it. The
commissioners on the other hand con-
tend that they can devote the liquor
money to ounty purposes, n II nee
essary they could levy a special tax
for b schools to make up for the Ii
Uuor tax. The commissioners express
ed themselves as having no desire or
intention Of crippling the schools, but
will do everything in their power to
maintain their. present high
Monday, under the chool law, was
h day for making the a"pportionmert
of the school fund among the various
puOI1C SCHOOL,, anu WuSIl lIC SiiOo
directors met for that purpose they
were at a loss how to do SO without the
liquor money. The board of directors
consists of Colonel w. A. Johnson, and
Messrs. w. H. Sprunt n Don Mac
Rae, and Chairman D. McEachern and
other members of the board of COM
missioners met with them to talk over
the matter. Both sides in a friendly
way adhered to their contentious The
school directors took a recess till Tues
day and again met that day but no
understanding was reached. They took
another recess until yesterday, and in
the meantime they came to an agree
ment with the commissioners. The
agreement is that the liquor tax now
being collected shall go to the schools,
that the two boards in the mean
time will go into court with a friendly
suit to have the law construed. The
board of school directors have etained
Marsden Bellamy, Esq, as their coun-
sci, n the commissioners side Of the
question will be in the hands of Coun-
ty Attorney w. B.. McKoy and the law
firm of Rountree &. Carr. If the suit
goes against the school directors, the
commissioners propose at their June
meeting to levy a special tax for the
schools.
Under the agreement that the schools
may AVE the liquor tax just collected,
the board of school directors met yes
terday to -apportion the school fund,
amounting to. 500. $751; So. They set apart
$500 as a reserve fund and apportioned
SO, s5S. 25 among the schools as follows:
Wilmington Township-School
District No. ................. $7,957.25
School District No. 2............. S,115.55
Cape Fear Township............ S00.09
Federal Point Township. ..... 1882
Masonboro Township .......... 2,102.64