The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
STATE news
D0N0vAN'S OPINION
SUPERINTENDENTS HAVE POWER
TO ENFORCE THE LAW.
LIBRARY FUND MUST BE USED
Each District Must Set Aside Five Per
Cent Of the School Fund for the
Purposes Of Establishing
Library.
LIBRARY FUND MUST BE USED
(By Associated Press.)

(By Associated Press)
.ielena, Dec. 17.-Attorney General
James Donovan has given Superintendent
w. w. Welch an opinion relative to the
powers of county superintendents in the
enforcement of the law providing for
school Libraries, in response to an inquiry
from the latter.
1t not infreqnetly happens that school
district trustees neglect to make the re-
quired annual appropriation for library
books. In a number of cases county SUI
perintendents have endeavored to enforce
the law, but have been resisted by school
trustees.
In not few cases the school board
has scarcely sufficient funds at its dis
posal to run the school with, and as re-
suit the nurary is often neglected.
Spuerintendents Enforce the Law.
Mr.. Welch requested the opinion to
determine to what extent the county SUI
perintendents have power to enforce the
law. In reply Mr.. Donovan gives state
ment of the school laws of the state. The
county superintendent as administrative
officers of the states educational system
are fully empowered to compel the en-
forcement of the law.
General Donovans opinion is as fol-
lows:
1--WE are in receipt of your letter OF the
18th inst, in which you ask the opinion
OF this office upon the following Ques-
ton: To what extent may county super
intendents act in enforcing the law per-
tanning to school libraries?'
The law with reference to school dis
tricts is found in sections 200O to 2005. in
elusive, political code By section 1000 it
is provided that "a library fund is hereby
created and by section 2OO1 it is pro-
vided that except in cities having pop
ulation of 1000 or more, the library fund
shall consist of not less than nor
more than 10 per cent of the county
school funds annually apportioned to the
district etc; while section 2O02 pre-
scribes what the fund shall consist of
in cities having population of 1000 or
more.
Amount Must Be Set Aside.
1T is our opinion that the sections above
quoted constitute an appropriation of
minimum of per cent of the county
school fund apportionment, except in
cite of 20. or more. and an approprla-
ton of $50 for every 500 children or frac-
ton thereof, of 800 or more between the
ages of 6 and 81 in cities having popu-
lation of 1000 or more. The trustees Of
the various school districts may, in their
discretion, allow not to exceed 10 per
cent of the county school fund apportion-
ment, except in cities of 1000 or More, but
unless they exercise such discfetion by
resolution or otherwise the minimum or
s per cent must be reversed by the county
treasurer and placed in the library fund.
The same rule applies in the case OF cit
tee of mn and unless the truS-
tees Of such district, by resolution or
otherwise, prescribe a different amount,
$50 for every 500 children or fraction
thereof, must be set aside by the county
treasurer and placed in the library fund.
Under section 1000 no warrant shall
be drawn by the board of trustees against
the library fund Of any district, unless
such order is accompanied by an itemlzed
bill. showing the books and the price
of each payment of which the order is
drawn.
To Prescribe Rules.
Under sections 20O3 and 2004 the IL
braries are under the control of the
board Of trustees, who are held account
able for the proper care and preservation
of the same.
You inquire to what extent county su-
perintendents may act in this matter
shall report annually to the county SUI
perintendent all library statistics which
may be required by the blanks furnished
for the purpose by the superintendent OF
public instruction. Further than this
there seems to be no mention of the coun'
ty Superintendent in connection with
school libraries. However, under section
1885, political code, the county superin'
tendent is required to carry into effect
all instructions of the state superintend'
ent given within his authority and un.
der section 1903, political code, the state
superintendent is authorized to prescribe
rules and instructions for the proper care
and use of school libraries and such
other information relative thereto as nj
shall think needful.'
1--WE would take it, therefore. that the
state superintendent would prescribe
rules and instructions for the proper
care and use of school libraries through
the county superintendents. whose dut.
~ mould he tn carrv them into Effect