The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1901-12-20
COUNTY MUST
SEND IN AN
EXACT REPORT
StrangSays Estimate of School
Children Is Not Enough
TO GET APPORTl0NMENT 7
Of School Land Fund in Ter
ritorial Treasury.
TO GET APPORTl0NMENT 7

has handed down an opinion N REGARD
TO the apportionment of the school fund
in the territorial treasury. The opinion
was made at the request of Secretary
James ]. Houston who wished TO submit
the matter to the board for leasing school
lands, which convened today. The opin-
ion is as follows:
Guthrie. o. T.. Dec. 1s. 1901.
Hon. James J. Houston. Secretary OF the
Board for Leasing School Lands. Guth-
RE. o. T:
Dear sir-Your favor Of the December
"A. -90l. is received. You submit. pursu-
ant to the resolution passed by the board
for leasing school lands, the following
propositions. towit:
First Can monies be held by the
treasurer of the territory arising from
rental OF school land reserved for the
territory, be apportioned and paid to any
county in which the number of school
children has been determined BY estimate
only? Such aportionment is controlled
by section 5,Ss1 Of the laws Of 1893, as
follows:
Such territorial superintendents shall
anportion the income of the territorial
school fund and the annual taxes col
lected by the territory for the support
Of public schools 10 those counties OF
the territory from which proper reports
have been received by said territorial
superintendent. Such apportionment shal
be made as follows: All monies remain
ing in the territorial treasury on the
18th day of January shall be apportioned
between the 18th and last day Of such
month and that remaining on the 18th
day Of July shall be apportioned be-
tween the 18th day and last day of suca
month The aportionment to each coun-
" shall be made in proportion to the
number OF children over the age of
years and under the age Of 2 years
resident therein as shown by the last an
nuai report OF the county superintendent
to the territorial superintendent
Such superintendent in distributing
all funds mentioned in this section shall
draw his order or TIE territorial score
tary or other officer having coustody of
such fund in favor of the county treas
urers of the counties respectively enti-
tied to school moneys for the amount Of
such moneys apportioned to his county
and certify the amount Of such order
70 the tEILlNtiidi 7ttAttdtN etiiA o4-J ~
the county clerk and superintendent OF
the proper county.
i "The above is all of said section that
is material to the question 1t VIII be
noticed that the income of the territorial
school fund. which I take IT, must in
clude the moneys received by YOU as
secretary of the board of leasing school
lands. in connection with the leasing Of
taxes collected by the territory for the
supporting of public schools. shall be ap-
p0rtioned among the several counties Of
the territory semi-annually. IN January
and July, and such apportionment shall
be made in proportion to the number
of children over the age Of years and
under the age of p years resident therein
rs shown by the last annual report of
the county superintendent to the terrific
rial superintendent There is nothing in
the law that permits an aportionment Of
said funds 90 be made among tne several
counties upon any other basis than that
of the last annual report Of the county
superintendent of the territorial super
intendent
Section 5754 OF the statutes Of 1s9a
provides as follows:
ne Sl4ll, on or neI0Te Tle l6fn cav
Of October Of each year. make out and
transmit in writing 70 the territorial
superintendent Of public instruction. z
report bearing date OF October !. contain
ing a statement OF the number of school
districts or parts Of districts IN the coun-
~ and the number of children and their
sex. resident in each from the age Of
years and under the age Of q years. 2
statement Of the number Of district
schools liz the county. the length rf time
he school has been taught in each. the
number Of scholars attending the same.
their sex. the branches taught and the
text books used.
This quotation from section 575t pro-
vides for q report from the county sup
erintendent 10 the territorial s,perintend-
ent Of pablo destruction. known as the
annual report. Ii sets forth the condi-
tion Of the schools at the end OF the fiscal
wear. the 3ath Of June. OF course there
IS no report OF that kind i1 relation to
counties that had no schools and could
have 1one prior 70 tie end Il the school
year except that 7 understand the super
intendaDt Tor Ccwanclte co1ntv has
made report or the number cf scholars
in q very few districts Esd his county This
~ course, IS nst regular ner q proper
report as ueutionei 81 section -s- he-
cause it does nor include oul coeid nct
/ Include .he thres necsssry 70 BE- re-
ported as provided Ter r. section 5l. by
tile county sag rinten1enr 20 the tsrrita-
1 rial Superintendent d. r1t thinz she
none mentioned in rou- qaestion above
as quoted. can he apart encd ara nafd O.
+ the county treasurer IF any county IN
which the numse- or srhool chl3ren has
T nesn determined ar estiulste aniv This
F question, ycu say. arises in the eis0as.-
{ tier Of the excess rentals rece.Ved ie the
+ leasing as the lanas in thc former li-wa.
( CoDaache- Apache. HNichita ARA Ca31e
/ reservations. of c2urse ell the -onrties
/ iacluaed vitnin these reservations are iH
f q a0slhon i- which they couii neg ffte
made the regllsr arr1a sopf l,iirsfi.
coasilerl-s the nee ssitics of tfse nte
~ these cegnties 50 ta- 7s tae.r cc-
non schoois aEe conerrd ID sous 81
+ sstv desirable & tnsrs were soue laeaas
~ frr theu lv ~ riioeu
-e-
sats<~rr.aNNnr.s-ase nsnlsesA>Nes--ss'-S
Fer Kidney {
& 5ladde. (
s GStEg.EAc c,,Tes -. in :