Milford chronicle., 1901-10-25
State School Fund .


tioning the State school fund State
Treasurer Martin B. Burris of
MiddletOwn makes a statement, in
reply to the comment made by the
D0ver Inde1, in which he says:
have not refused, nor at any
time indicated that I contemplated
refusing to distribute the school
fund. But I have called the atten-
ton of several leading citizens to
the fact, that in order for all of the
school districts in Sussex county /
to participate in the distribution
of said fund, the State treasurer
must pay the money contrary to /
the positive requirement of the law,
but I hoped l could find a sufficient
excuse for doing it in safety to
myself as a public official The
State treasurer is a ministerial
office only, except as a member
of the Board of PardOns.
After quoting from the act, Mr..
Burris says: Under the require
ments of the law the auditor has
made his reports to the State treas
urer, which said reports show that
out of Io2 school districts of Sus-
sex county, over 1870 fall short Of
the amount required to be raised
4 by law in order that they may par
ticipate in the distribution of the
school fund.
1t is true that prior to the 10Th
of March, 1901, on which day the
law went into effect, requiring the
several white school districts
throughout the State to raise by
taxation or otherwise, at least 500
for each teacher employed, and
the several colored school districts
!, of the State to raise $50 for each
| teacher employed, the law requir-
ed the white districts of Sussex
county to raise only $50 for each
teacher employed and the colored
districts to raise but $50 dollars
for each teach employed. So that
when the amended law went into
+ effect, nearly or quite two thirds
of the school year had expired
u and Sussex county, along with the
u other counties, had levied hei
$ school tax the previous June, un.
/ der the law then existing, and il
5 my judgement had no chance tC
q meet the requirements of the act
e of March 10th, 1901, It is also
,. my judgement that it was purely
Il an inadvertance on the part of thu
Il Legislature, and that they coulC
/ not have intended III this way
z to bar Sussex county from par
IS icipating in the distribution o
y the school fund.
a 1t is and has been my inclina
re ton to distribute the fund, but t,
l. do it ! must act in the face of tn
T. positive inhibition of the law an,
y depart from mere ministerial func
d. tons and assume judicial function
g 1 must act on the assumption tina
II the Legislature did not mean wha
S. it said. and then trust either t
w the courts or subsequent Legisla
re lures to sustain me. That may O
s. may not be safe. The amount G
money involved is a large one, an
Up that fact itself is sufficient admon
n ton to proceed carefully. We done
OF want to suspend the "schoolmarn,
g and especially the Sussex count
lis "schoolmarn We will find som
It. way to relieve GLORIOUS old Su:
r. sex" The school fund woul
es have been long since distribute
ut but for the fact that by reason
D. the many troublesome derelicior
OF on the part of large number
the school committees, the audit,
OF could not make his reports
ed this department, and his work w;
I'll only completed within the past fe
&c days.
ny. Mr.. Burris has suggested tn
mt they raise the sum necessary
IN order to reach their apportionmer
nd and if it can be done in no 9th
les way to raise it by subscriptio
AS soon as he is informed tn
ed each district has raised the amou
me required by law he will divide t
nd state fund apportioned to tn
he county.
SIN As New Castle and Kent cou
It'll ties have complied with the la
lld Mr.. Burris has distributed t
lily school fund in New Castle count
lde and will send out the checks
to the Kent county districts this wee
arn