Gainesville daily sun., 1906-01-09
SCHOOL BOARD WILL
sue COMMISSIONERS
They Are Aiter Money in the
Fine and Forfeiture Fund.
NEARLY sle. 600 INVOLVED

Compliance With what Thev Term
La~ and Twice Were Refused.
Because OF the refusal OF the B,ari
Of County Commissioners Of AlachIa
county 70 comply with the request OF
she Board Of Publi. Instruction for the
monies in the Fine and Forfeitur-
Fund Of the county exceeding 3itoo.
10 looks cloudy and lawsut to rcov-
es this money will be the result. DR..
]. L. Kelley. uperinsendent Of the
Board Of Public Instruction. hss been
Instructed BY thar board TO make pre-.
iiminsvi~s toward, ss;<s.ss as: .:
once.
AZ che last session OF the Legislature
q petition vac presented, sisned by a
large number OF registered voters 4
the county, requesting that body to
psss Q Lao requiring the Board o.
Coonsy Commissioners to pay into 'he
school fund. semi-annually. all &C.
esned fands In she Fine and Forfeiture
fund exceeding u 0OO. to be used for
school purposes. This bill was in,roduc.
ed and enacted. bu, as the July meet.
ing of the commissioner the school
board. in Q petition, stated that IL the
county commissioners would release
the faads reqaesssd it uOaid SAFE an
extra levy Of two mile school tax, as
more moaey was needed for the cup
port Of the schOoIs. The commission.
efs refused 20 ssansfeV this money for
she reason that the board held tie law
nneonssisasional, inssmuch - che bill
sooghs TO interfere with county legis-
lasi0n. 10 she bill covered only Ala.
ehoa county. The extra two-mill tar
wss levied. making the total school %
ssvee mills.
AZ the January meeting Of the com.
missioners the school board, through
Ice representative. Superintendent Kel.
log, rvnswva the ismasd foE sAs
usoesy, hos were again refused upoa
The same sroonds OF uu.ons,i,utional.
ity, henes the suis 20 recover the mon.
sy throogh the process Of las will be
inssitated.
In speaking Of the matter. Superiu-
ssndens Kelley stated that she Law
appeared 20 him and 70 the Board Of
Public Instruction TO be perfectly in
accordance with right and Justice
and law-and that they could zee no
reason Why the commissioners refused
90 transfer the fonds. which amount.
as presens TO sl5.e45 80 This fund 10
provided for expenses OF the running
Of the court" he .aid. and 10 each
year gaining far in excess OF these ex.
penses. Il 10 the only purpose Tor
which is can be used. and for years the
money has been lying idly in bank
without interest. and the Taxpayer.
Of the county are receiving no benefit
whatever. II the school board had
received shh money las, July rhe er.
ira two-mill levy would have been
unnecessary
On the other hand the commits. |
sioLer are OF the opinion that the !aw
10 unconstitutional. in that il deal.
wiih Alachua county alone They con.
tend that the Legislature had Lo
authority To act in the premises. and /
until the matter is settled by process !
OF law. they propose to protec, the
fund.
Follosing 10 the bill as passed by
the Legislature. session OF 1875:
BE it Enacted by the Legislature o;
the State OF FLORIDA:
Section !. That all fund. in the
hands OF the county treasurer o:
Alaehua county. Florida. to the credit |
OF the Fine and Forfeiture Fund OF
said county, exceeding four thousand |
dollars, shall be paid into the school |
fund Of said county. and the coun.
shall draw their wArran, in favor .
the Board OF Public Instruction th-rc.
OF for all such fuud. ON their frat |
meeting in jay aud January OF each |
year. and the warrant So draxn shal, |
be cashed into the school fand ~ ih- |
county without any treasurer. COM
mission therefor
See. , That this at shall take -'. |
feet Immediately upon II. becoming a
Aw.
Approved May -. 1875
Took First Priye.