The leader., 1904-03-26
BUNGLING LEGISLATION.
The Poll Tax School Money Tied Up
For Two Years.

Jackson, Miss, March 23:-
| The problem of the school fund
distribution, as indicated in these
dispatches yesterday, is a very
confusing and perplexing one, to
say the least. The trouble grows
out of the failure Of the Legisla-
ture to pass a law putting into
effect the new amendment to the
constitution. Such law did 90
through both branches of the Leg
lslature, was signed by the presid-
ing officers, but in the final rush
of business was overlooked by
the enrolling committee of the
Senate, and was never presented
to the Governor for his approval.
The oversight was not discovered
until after the Legislature had adj
journed.
According to the old constitu-
tion the poll taxes collected in the
various counties were made part
of the common school fund. The
law provided that the poll taxes
should be reported to the Auditor
of Public Accounts, and the Audi
tor added the gross amount of all
the poll taxes COLLECTED to the gen
eral fund appropriated by the
State, and the sum total made up
the common school fund.-" This
common school fund was then dis
tributed by the Auditor, pro rata,
among the counties on the basis
of educable children, each county
receiving an amount apportioned
according to the number of educa-
BILE children enrolled. An amend
ment to the constitution was voted
on two years ago which provided
that the poll taxes should be sepa-
rated from the common school
fund, and should remain in the
counties as a separate county
school fund. This amendment
passed, and was incorporated into
the constitution by the present
Legislature, and now stands as a
part of the constitution; but there
is not a line on the statute books
to put it into effect. Consequently
the poll taxes collected stand as
funds unappropriated by the Leg
islature to any purpose, and seem
to be hopelessly locked in the val
rious county treasures, with no
law to get them out. There is no
law under which warrants can be
drawn on the county treasures for
this money, because the law passed
by the two houses for this purpose
never reached the Governor; and
there is no law under which the
county treasaFefs can let the
funds go out of the treasury.
True, the amendment to the con-
stitution says the poll taxes shall
remain in the counties where col
lected, as separate school fund,
but an act of the Legislature is
always required to get money out
of the treasures, and the law re-
quires that every warrant drawn
must cite on its face the act of
the Legislature under which it is
drawn.
Some are of the opinion that the
old statute respecting the distribu-
tion of the school fund is still in
force, and that the Auditor must
deduct the polls collected in each
county from the general distribu
ton, as formerly. But all agree
that the old statute regulating the
distribution of the fund is still in
force, except in SO far as it conflicts
with the new amendment to the
constitution; and all agree fur
ther, that the situation is badly
mixed, and that the various
officials will have to proceed with
caution until some satisfactory
solution can be hit upon.
The above muddle in regard to
the poll tax fund is very serious
matter to most of the white coun-
ties of the State, and it is hoped
some practicable, common sense
way out of the difficulty will be
found under existing laws, with
out having all poll tax moneys
tied up in the county treasures
until the Legislature meets again
two years hence.
County Supt. Green, of Lincoln
says the poll taxes in Lincoln
will amount to about So 900, in
addition to what will be received
from the general state appropria-
tion, and if this amount should be
unavailable until another session
of the Legislature, it would very
seriously interfere with the educa-
t1onal interests of the county for
the next two years.
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