The Birmingham age-herald., 1904-08-31

 anna this week, where he went with Judge O. Kyle on July 19, the latter having been appointed a judge in the Panama canal zone. It is pretty well established that MT. Griffin had an idea of seeking the clerkship of the Panama court, with a good show of getting it, but his actual intentions have not yet been made pub lie.
 Commend the Sheriff.
 Acting Governor Cunningham has writ ten a letter of commendation to Sheriff F. M. Blackwell because of his action in trying to secure the punishment of the men who lynched the negro Ed Bell near Sardis, some weeks ago. In the letter the governor says:
 d wish to congratulate you upon the stand you have taken for the mainten- ance of law as demonstrated by the ac- tivity you have shown in following up the lynching of Bell one that may well be taken by all our executive officiers. If at any time you need my assistance in any manner to effect the arrest of those guilty of the offense in question, com mand me. On behalf of the law abiding citizens of the state I thank you for the courage and spirit you have exhibited"
 School Fund Distribution.
 The opinion rendered below by Attor- ney General Wilson makes radical change in the manner Of distributing the school fund of the state. Under the old law the money was apportioned by the state superintendent to townships accord ing to number of children reported. With this new view of the law the money will be credited to the county and apportion- ed to the county board as to make all schools of the county of uniform dura- ton as far as practicable.
 l,a,ya ta1 f1,a f,ft Inc. method of apportionment of the public school funds, and respectfully submit my conclusion thereon.
 "The constitution of 1875 contains the following section: The general assembly, shall establish, organize and maintain system of public schools throughout the state, for the equal benefit of the children thereof between the ages of ' and 21 years Constitution of 1875, article XIII. section 1. In enumerating the duties of the superintendent of education. he was required to apporton the public school fund to the various townships and school districts, according to the entire number of children of school age, and shall see to the proper disbursement of the same Code, section 3546 subdivision D. It will be observed that under the provision above cited the superintendent of educa- ton apportioned the public school fund to the various townships or districts without reference to the counties in which such townships or districts were located For purpose of apportionment the town shin or district was the governmental subdivision or entity to be dealt with
 Is Material Difference.
 There Is a material difference in the corresponding section of the constitution of 1901 upon this subject from that con tained in the constitution of 1875 The
  lature shall establish, organize and main tain liberal system of public schools throughout the state for the benefit of the children thereof between the ages of and 21 years. The public school fund shall be apportioned to the several coun- ties in proportion to the number of school age therein, and shall be so apportioned to the schools in the districts or town ships in the county as to provide, as nearly as practicable, school terms of equal duration in such school districts or townships Constitution, section 256 It will be noticed that the constitution does not, In express words, declare who shall apportion the funds to the several coun- ties It is clear, however, that 1t is the intention that the superintendent of edu- cation is to make such apportionment He made the apportionment to the dis tricts or Townships under the law, as 1t existed at the time the constitution be- came effective. and the supervision of the public schools is vested in him by both constitutional and statutory provisions He should apportion the school fund to the several counties. in accordance with the section of the constitution above quoted.
 Method of Apportionment.
 After the fund has been apportioned to the several counties .he constitution de- olo hat baI ha to the schools in the districts or town ships fin the several counties as to pro- vide as nearly as practicable, school terms in equal duration in such school dis- tricts or townships. The constitution does not undertake to prescribe rules to accomplish this end. It declares the prn- ciple upon which the apportionment 10 the various schools in the county shah be based. but provides no machinery for carrying such provision Into effect. The act to provide for the redstricting of public schools of the state and for the control and management of the same general acts 1908, page 2S9, sections 10. Il and 15) creates a county board of edu-' cation in each of the several counties of the state and defines the duties of such board. The act gives the county board of education the entire control of the public schools. except when other wise provided by law; gives 1t power to contract with teachers and make dis bursement of the public fund, subject to it's approval. It does not in express terms give to such county board the power to apportion the public school fund to the several schools of the county. but think the power to do this is included in and flows from the very broad and compre- hensve terms used in the statute to de- fine its powers and duties. It will become the duty of the several county boards to apportion the public school fund to