Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1903-06-24
Continued from I'd page.

PROVIDED In THIS ACT. TO appOrtlOn 10
the public school moneys in the Coun-
ty Treasury among the several school
districts of his county as follows
First, he must ascertain the number
OF teachers each district is entitled to,
by calculating one teacher for every
seventy-five census children or frac-
ton thereof as shown by next proceed
ing school census; second, he must
ascertain the total number of teachers
for the county by adding together the
number of teachers assigned to the
several districts upon the basis of one
teacher to each seventy-five census
children or fraction thereof; third,
forty per cent of the amount of the
appOrtiOnment from the State and
County School Fund shall be appor-
toned equally to each district for ev-
cry teacher assigned it, upon the basis
of seventy-five census children or frac-
ton thereof; fourth, all school meneys
remaining on hand after apportioning
forty per cent of the State and County
apportionment equally to each district
for every teacher assigned it upon the
basis of seventy-five census children
or fraction thereof, must be apportion-
ed to the several districts in proper
ton to the number of children between
the ages Of six and eighteen years,
as returned by the School Trustees
and Census Marshals, and to forthwith
notify the County Treasurer, County
Auditor and the School Trustees in
writing of such apportionment in de
tail He shall make such apportion-
of each year, and quarterly thereaf-
fer =
The renOrt of the School Census
Marshal provided for in said section
1901 is the only foundation for ap-
portionment Of State School moneys
to school districts. Respondent, as
Superintendent of Public Schools, had
no legal right to make the School Cen.
sus Report and then apportion meneys
on such report: or which is practically
the same thing correct the report of
the duly appointed School Census Mar
shall and apportion money on such cor
rected report Hence it seems as Re
spondent's answer stands it is suffici
ent.
The answer to the second question
above stated, to-wit, what ruling
should be made on this demurrer, is
not altogether free from difficulty
Counsel for Realtors contend that then
Demurrer to the insufficient answer
should be sustained and peremptory
Writ of Mandate to Respondent to ap
portion the additional $9O15 should be
issued.
Under the peculiar circumstances OF
this case we think such a disposition
Of it would scarcely be in accordance
with justice or law.
Respondent. in answer to the alter
native Writ alleges in effect that the
report of the School Census Marsha
On which Realtors base their claim il
an untrue. false and fraudulent docu
ment and report: that of the one hun
dred and fiftytwO children in said repor
reported sixty two were falsely an
fraudulently reported; that none O
said sixty two children were resident
of said district on thefirst day of May
1902.
If that allegation, be true, the docu
ment contains a little over forty pc
cent of fraud. A fraud of forty pc
cent is too gross to be passed owe
lightly. Respondent makes no allega
ton OF any legal attempt to correc
the said alleged fraud; on the contra
ry, states official advice in excuse. 70
not making such attempt.
In considering this point two thing
should be kept in mind. O. that from
June 1902 to January 1903, Responder
had no chance to make the correction
as Respondent did not enter upon tn
Office of Superintendent of Schools TO
Lincoln county until January, 1903; be
fore the last named date Respondent
predecessor in the office of School ST.
perintendent had exclusive control o
the matter For under section 1873
above cited only the Superintendent
of Public Schools had the power to OF
der a new School Census Report TO
School District, No. Is: and CD tn
question of how this school none
should be applied is not question e,
clusively between the Realtors and tn
Respondent. The people are deepl
interested in this Qestion. All goo
citizens of our country are intereste
in seeing the school moneys properl
applied. No district, parent or pup
should be deprived of the proper quo
ia; and if one district gets over it
quota, each other district is in pre-