Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-07
The state Treasurer's ouandary.

A. 7 7
The State Treasurer's ouandary.
The quandary in which the State
treasurer finds himself relative to the
payment OF school dividends to certain
districts in Sussex county serves to call
the attention of the people, particularly
those of the districts In question, to
the injustice practiced upon them by
the last Legislature in bit of ILL
considered legislation. Ordinary care
and attention during the time the new
School law was pending in the Legis.
lature would have saved much trouble
and Inconvenience
The new law made ii requisite for
the voters of each white school district,
before receiving its share of the State 8
school dividends, to raise by taxation
the sum OF 500, and the voters of each
colored school district the sum of $50.
Now, when this law was enacted the
voters of the school distr iots had
already met and decided upon tho
amounts to be raised by taxation, and
in nearly all the districts IN Sussex
county the amount Of school tax voted
was but $50 for white schools and $50
for colored, IN accordance with the pro-
visions of the old law, which were in
force at that time.
State Treasurer Burris, therefore,
when he came TO paying out school
dividends, was faced with this problem !:
The law said that diy;dends should be
paid only to disrTcts that had raised
sloO and SO. ,-r6spectively, by taxation;
largs number OF districts had raised
only $50 and $50 1t has been held,
cad we think rightly that the law could
not be expected to apply during the
pending school year, inasmuch as all
the districts had already passed upon
the question of raising school money by
taxation, and could not take up the
question again until the ensuing year,
To huld that the law applied 10 the
voters at the time they made the lasr
school tax levy would be to bod that
the law was OK post facto in its
operation, and 1T has been decided by
the highest tribunal in the land that
OK post facto laws are unconstitutional.
But it is advanced in support of the
State treasurer refusal to ray tho
dividends that his bondsmen would re-
strain him by injunction if he at
tempted to pay them. 10 this objection
the Sussex journal of Georgetown
makes this suggestion: That he have
his friends indemnity his sureties and
then make the pay ment of dividends 70
the districts "If he has not enough
friends in his own county" says the
journal, Eve think there are enough
friends of education in Sussex to helm
him out of the dilemma in which the
law has placed him. Surely the next
Legislature would right the great
wrong to the people of Sussex county,
and the suteties would thereby BIZ re.
leased. At any rate something must
be done to help the more than $50
Sussex districts out of their dilemma
aud that right quickly"
Another suggestion is for the friends
of education in each district to advance
the money necessary to bring each dis.
trict's school fund up to the limit pro-
vided by law, in which event the State
treasurer could pay the dividends with.
out question. This plan would be much
more feasible. as it would involve no
doubt of the legality of the payment of
dividends by the State treasurer. Fer
while many people are convinced that
the latter has full authority under the
law to pay the dividends anyway, he
cannot be blamed for declining to do so
when there is doubt hanging over the
proceeding, particularly when his off,
ciai sureties object to the Payment.
Bot the people of the districts involved
may make the way clear to favorable
action by the treasurer, il they will.
The Legislature that caused all the
trouble by enacting the law is sure to
come in for Just blame, for it is re-
sponsible for the situation. 1t might
have put the law in proper shane before
passage, and the roll-call on the final
passage of the bill in each house will
show who are responsible. And il
voters bold it against these men in the
event that they come up for re 9 lection,
the latter will hays no Just cause for
complaint.