The Wilmington daily Republican., 1901-10-12
THE STATE
SCHOOL FUNDS.


Dover Index for holding back State
funds from the schools especially Of
old Sussex.
In a letter to the Index he says:
Sir: In your issue Of October II,
1901, you print. editorially, a column,
and half in reference to the dis tril-
ution OF the Public School Fund,
which with due Difference to you)
would Call for no notice at my hands,
but for the misinformation which II
contains.
And right here, ] beg leave to re-
mind you that you have made no in
quiry of me in order to know what
the facts really are. Therefore, for
the end Of right information to the
public, and incidentally to yourself, l
write this letter.
In the first place, Dbave not refus.
ed. nor at any time indicated that l
contemplated refusing to distribute
the school fund But have called
The attention of several leading citi'
zens to the fact, that in order for all
of the chool districtsin Sussex Coun.
ty to participate in the distribution
of said fund. the state treasurer must
pay the money contrary to the posi-
tive requirements Of the law. but
that l hoped could find sufficient
excuse for doing it in safety to my
self as public official.
The state treasurer Is ministerial
Office only, and has no judicial func-
tions whatever, except as member
OF the Board Of Pardons.
He then quotes the law and adds.
Under the requirements Of the law
above recited the auditor has made
bis reports to the state treasurer,
which said reports show that out of
one hundred and ninety.two school
districts of Sussex county, over one
hundred and thirty fall short of the
amount required to be raised by law
in order that they may participate
in the distribution of the school fund.
Your contention in your article
that the powers and duties Of the
state treasurer in this behalf are linz
tied by the statutes, Is undoubtedly
correct, and at one stroke wipes out
the whole of the balance of your col
umn and half on that subject.
But it is also true that prior TO the
18th Of March, 1901, on which day
the law went into effect, requiring
the several white school di 'trcts
throughout the state to raise by tax
alton or otherwi sc, at least one nun.
dred dollars, for each teacher employ
ed, and the several cclored school
districts of the state to raise fifty dol
lars for each teacher employed, the
law required the white districts of
Sussex county to raise only sixty dol
lars for each teacher employed and
the colored districts to raise but thir-
dollars for each teacher employed. So
that when the amended law went in.
to effect, nearly or quite two-thirds
Of the school year had expired, aud
Sussex county, along with the other
counties had levied her school tax the
previous June, under the law then en-
isting, and in my Judgment had no
chance to meet the requirements Ut
the act of March l6, 1901.
1t is also my Judgment that it was
purely an inadvertance on the part of
the Legislature. and that they could
not have intended in this way to bar
Sussex county from participating ia
the distribution of the school fund.
1t is and has been my inclination
to distribute the fund, but to do 1t
must act IN the face of the positive
Inhibition of the law and depart from
mere ministerial futctions and assume |
iudicial functions. lmuSt act on the
ass umption that the Legislature did
not mean what it said, and then trust
either to the courts or subsequent
to sustain me. That
may or may not be safe.
The amount Of money involved is a
large one. and that fact itself is sufii-
cient admontion to proceed carefully.
We do not want o suspend the
.schoolmarm," and especially the
Sussex "schoolmarm.
We will find some way to relieve
"elorious old Sussex" The school
fund would have been long since dis
tributed but for the fact that by rea-
son of the many troublesome dereic-
lions on the part OF a large number Of
the school committees, the auditor I
could not make his reports to this de
partmert, and his work was only com.
pleted within the past few days.
l did not attribute the disjointed
Ind contradictory article In the In.
lex to you. l presume that tho
Devil" got into your sanctum while
you were away at the Exposition at
Buffalo. Truly yours,
Martin u Rnrria |