The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1903-07-28
SEEKS TO FORCE
A LARGER LEVY
Board Of Education Reyises Its
Tax Resolution.
ATTORNEYS UPHOLD RIGHT
SUGGEST MANNER TO GET MORE
MONEY FOR SCHOOLS.
ATTORNEYS UPHOLD RICH

resolution does not specify the sources
from which IT IS expected the revenue
IS to come 1t states simply that Ger
tain amount is needed for the schools
and leaves II to the taxing AUTHORITIES
70 raise the money in such manner as
they may see fit. BY this course it is
hoped by the board that the taxing Of
Hcials may be persuaded to change the
eVy so that the city school tax may
De hxed at 5.5 mills instead of 81 mills.
as previously decided upon
The action Of The board was taken on
the advice of its attorneys. Pierce.
Crltchlow & Barrette. In their opinion
submitted to the board, the lawyers
say:
We see no reason to think. in view
OF the law and the facts i'm the case.
that any question can arise as to your
right to levy to the 55 mill limit"
Sum of Money Needed.
In the resolution first sent to the
county assessed and county treasurer
by the board it was stated that S352.-
500 was needed for maintenance. Of
which il was expected that S63 coo
would be derived from the state school
fund, $4,000 from city school tax and
100000 from county tax. The board
inquired on a 55 mill city tax levy, but
received only "A 81 mill levy. and the
claim was made that a shortage in the
opinion the attorneys review this and
other phases of the situation
Regarding the stand of the county
commissioners that they should have
been addressed on the subject, the
opinion is expressed that there is a
question as to this. but to be on the
safe side. the resolution submitted is
addressed to THE officers charged with
the assessment and collection of taxes
for general county purDOseS"
The specification IN the resolution as
to the sources rom which the reve-
nue. is expected is called surplusage,
as this is something to be left to the
taxing officials. In substance, it is
stated TO be the duty of the board
to state how much it needs and of
the taxing officials TO levy enough TO
raise that amount, keeping within the
statutory limit.
Is Misrepresentation. '
1T is apparent" says the opinion.
that the figure $4,000 is given as an
estimate merely, 10 be raised or low
cred as the previous estimates were
found to be too high or too low. We
understand that The position is taken
by some of the officers charged with
the duty OF collecting the taxes that
the figure 900 is to be regarded
by them as the fixed and absolute
amount required by the board and that
Tor this reason a tax for the mainte-
nance and support of the schools Of
% mills is to be levied, instead or
the full limit Of So mills. We are of
the opinion that this action is founded
on a misrepresentation both Of law and
fact"
The opinion goes on TO state that.
according to statute, the board ''is re-
quired to prepare a statement and es-
innate of the amount necessary for
the support and maintenance Of the
schools When this statement and es-
innate is certified to the Officers
Charged they shall levy. such per cent
as shall, as nearly as may be, raise
the amount required by the board -"
The opinion is expressed that the
board exceeded the requirements when
II included in its resolution an esti-
mate Of the amount to be received
from each source. That might have
been sent merely TO aid taxing Off
Gals, but ii was up to them" to raise
the money from such sources as they
might see At. The board, it is stated.
should content itself with giving the
gross amounts required.
Is Not Too Late.
As for the claim that ii is too late
TO alter the resolution already sub
mitted. the contrary opinion is ex-
pressed. 1t is held that II will not
day in August when the rolls must
be completed by the county auditor.
The following form Of supplementary
resolution was recommended:
To the Officers charged with the As
sesSment and Collection OF Taxes for
General County Purposes in Salt Lake
County:
In conformity with the requirements of
Section 1896. Revised Statutes OF Utah.
the board OF education Of Salt Lake City.
Utah. has prepared the following as its
amended and supplemental estimate of
the amount necessary, etc.
For the support and maintenance
or ScnOOl ..---.-....--... 500 900
For the payment OF interest on
bonds ............. .-........... ,21J
For sinking fund, necessary to be
collected OBSERVATION-DISCLOSURES. Is, 300
For the purchase of school. sites
and erection OF school buildings. 5000
10 is further estimated that funds not
TO exceed $4,000 viii he received during
said year from the state school fund and
state land That the remainder Of the
sum necessary to he raised must be
raised by the levy Of a tax for city school
purposes and from the superintendent to
the city from the county school fund
The foregoing is submitted TO you by
MS for your action. the day and year
above written.
This opinion was read over in COM
mittee 0f the whole, and the adoption
OF the. resolution moved. In regular
session the board adopted the report
OF the committee and the resolution.
which will be sent to the proper au-
thOrities today.
The clerk was authorized to draw
Warrants for $l6.625 to pay interest on
bonds due August l. and 10 take up
bonds amounting 10 $1,000 held by the
First National bank of Park City.