The Prince George's enquirer and southern Maryland advertiser. (Upper Marlborough, Md.) 1882-1925, 1903-05-22
APrORTIONMENT
OF SCHOOL FUND,

The full scope of the recent decision OF
the Court of Appeals in the mandamus
proceedings Instituted by Robert Shriver,
of Allegany county, against DR.. J. w.
Herring, comptroller of the state, to en-
force the distribution of the free school
tax upon the basis of the white popula-
ton of the state, between the ages of >
and 20 years, does not appear to be
generally understood, the misconception
being caused by the fact that the action
of the court below in dismissing the pc
tition for a writ of mandamus was sus-
tanned by the appellate court. The deci-
sion was based upon the provision of the
Code on the subject, section 1902 of article
Y, which is as follows:
"As soon as the comptroller shall have
received from the City Of Baltimore and
the several counties returns of the amount
of the state school tax levied in each
county and the City of Baltimore, he
shall Immediately thereafter apportion
the amount of the whole levy to the
several counties and the City of Balti-
more, in proportion to their respective
population between the ages of 5 and 20
years."
The Court Of Appeals held that the
word "white'' could not be read into this
section, and consequently the petition of
Mr.. Shriver for a mandamus in the case
was dismissed. But the court went fur
Their and expressed the opinion, in sub
stance, that the same principle is appli-
cable to section So, of Article n of the
Code under which the distribution of tie
fund appropriated for the maintenance
of colored schools is made. This section,
as we'll as section 102, was coditied from
the act of 1872, chapter 81, and read as
follows:
THE comptroller shall apportion the
sum appropriated for the support of the
colored schools of the several counties
and the City of Baltimore in proportion
to their respective population TIVE
the ages of 5 and 20 years said appor-
tionment to be made at the time he APP
portions the levy for the white schools
Before the act from which this section
is taken was codifed, the section cor
tanned the word "colored" before the
word population" and the distribution
of the sum annually appropriated was &C
cordingly made upon the basis OF the COL
orcd population between the ages of 5 and
20 years. AS codifed, the word "colored'
was omitted from the section, but the
practice of making the distribution upon
the colored basis, Notwithstanding this
omission, has has been continued by the
comptroller of the treasury, successfully
until the present time, a period Of 81 years,
the Code having been adopted in 1882.
The Court of Appeals now says. sub
stantially, that as the word "white'
cannot be read into section 102, of Article
II of the Code, neither can the word
''colored" be read into section SO, of that
article. This means that the distribution
of the sum appropriated for the support
of colored schools should be made upon
the basis of the whole population, white
and colored, between the ages of 5 and
20 years, and the Comptroller of the
Treasury in making the succeeding
quarterly distribution of the fund will
doubtless be governed by the interpreted
ton placed upon the section by the Court
of Appeals.
This will make a radical difference in
the amounts to be received by the City of
Baltimore and the respective counties.
and will seriously interfere with the edu-
cation of colored children in counties in
which members of that race are numer-
Gus, unless a portion of the fund distrib-
uted for the support of the white
schools in such counties be diverted to
the maintenance of colored schools.
Some of the counties with a limited color
ed population are now pursuing that
course, Carroll county, for instance,
having expended 81, s 80 for the sup
port of its colored schools during the
year ended July 81, 1902, while the sum
received from the colored school appro-
priation was but s 1885, 80.
The amount appropriated for the
support of the colored schools was origi-
nally 1926, 600, but as their needs became
greater, it was increased to $450,00O per
annum. Out of this sum So, 200 goes to
the colored Normal School, leaving
$14S, 900 available for distribution by the
comptroller.