Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1906-01-08

IL. Of the heguiHi -
,ssn are Required 10 MAKO 'ne o'',Se-
VINO rorfeit 500 TO the Couniy-ihe
non ~ i,elnyed IN Many ofthe districts
..yment of school tax in the rural
lns y; 10 be enforced. In the past
dsuH.t has been sadly neglected in
ins H,a tbs districts, as a result of which
pn' ,ol commissioners in many Of
is i;stricts we're at their wits end 10
wv. M orpenses of running their schools.
4 "! .a,rs IA get in the taxes has beeen
-. n various causes, but, primarily, m
W. nj the districts, the commissioners
n..s nartlv or wholly TO blame. Unfa-
VIZ. H. With the new school law prob
I Mr bod something to do with the mat
~, sore cases. BE the excuses what
Y. nav the fact remains that there
". hnrdreds of dollars in uncollected de-
s,srt taxes in New Castle county,
IVA sbould have been applied TO educa-
". .nd the unfortunate feature of the
rsoe thing is that much OF this mdebt-
.5...s 4 not likely TO be wiped out.
rt;s condition Of affairs has became so
.,...ing I'm some of the districts that
- M the clerks have written TO Prof.
3 Snam of this city, superintendent
2 anbia schools outside OF the city, ask
NJ him how 10 proceed to bring about a
I,,orgb collection of the taxes. Before
.iirisinr them Prof. Spaid took the mat
=, Inn with Acknowledgement Robert II.
pshsrds who gave him the following
,rinion under date Of January 9th, de-
Il srirg the law in the matter and indi-
rtinr the proper course Of procedure;
State of Delaware, Office of Attorney
esneal-Alr. A r. Spaid, superintendent
Il free schools Of New Castle county,
Wilmington, Del
Dear Sir: have examined the law in
rs,tion TO the question submitted to me
n YOU and more particularly section 20
q an act entitled "An Act Concerning
NJ Establishment Of a General System
q Free Public Schools" approved by the
governor May 18th, 1898, and after such
Elimination I am clearly of the opinion
ti,t collector of county taxes for the
hundred or district in which any par
tuhr school district or districts may be
situated is compelled by law to collect
As ghool taxes assessed by such school
districts. and, upon the refusal Of any
fush collector TO accept the duplicate and
o collect the taxes specified in the war.
nnt aoompanying said duplicate, be
siall forfeit 20 such school district the
Gun Of $780, 70 is also clear that such
collector must collect such taxes and set.
is with the school districts within 3(
days after receiving the warrant.
There is no doubt but that the county
t1 collector can be compelled 70 collect
lse school taxes and the school com
ntiee Of the several districts should put
enough energy and intelligence into tn,
performance of their duties, as such
ommitteemen, as to take the steps pro-
rided by law to enforce the penalties
which follow the refusal of such collector.
% do their duty. This, however, is moi
q matter for the attorney generals de
Partment but each school COMMITTEES
should, if the occasion should require, ad
wise with legal counsel and promptly SCI
that the law is enforced. / remain,
Yours very truly,
Robert II. Richards,
Attorney General.
The school commissioners of the sew
sTaI districts viii be expected to proceed
% accordance with this opinion Will
he school commissioners have the right
under the law, to delegate anybody il
ne district TO collect the school tax, Sup
gntendent Spaid advises that they Sc
tei the regular tax collector and requir
aln 10 get in the money without delay
In some Of the districts the commits
noners have placed the matter of col
s'tng the tax in the hands of one O
men own number, quite often the clerl
sll IN nearly every case the result Ia
gen unsatisfactory, either to the col
Nelof or the commissioners, or both.
,le district a commissioner who en-
lsa'ored TO make the collection, remark
f ~ after a protracted trial, that he woul
a''el tackle the job again. He foun
way many Of the taxables in the di.
Net were so unwilling to pay that the
would do most ANYTHING to avoid NEE
s NE obligation, and in some cases il
'mlallons were made. There was :
nu'n Of this that he remarked that \
sa' AFRAID that if he attempted it agai
lN oarn would be burned OF revenl
'yuia be taken in some other way.
~ some districts special collectors Ia,
XVI appointed and the taxes have goI
sluugn the hands of two OF three nit
Isuleh before they reached the commi
eDneIs' as a result of which, it is Or
inc the taxables had to pay mu'
s soie Than the original amounts. In OF
~ tis'lict special collector was appointe
paced the matter in the hands of
sSVIate, and the latter engaged Il
,Des o. a constable, and the natur
assumption is that all received son
IN most Of the districts there is ii
,,S.ssey delay in beginning the work
.ueclion. Some of the commissions
igsnu entirely upon the State dividei
So ~ beginning the collection, and as
s,n.'aa.iy lasts six OF seven months. q
SETON OF taxes does not begin uni
""s' when there is a shortage
IN Us rule money IS more pleni
t 'e uHi districts in the fan.
Hs 'emng time for the schoo
Ns.. having been disposed of
S4 rI. t Do is pointed 0t ihal Cd
na ha best iime 90 collect
~. '.A'r OHM raiJ until nrh
j. .aldef Co ect
r.s.. Oh lhe districts no elliott
I'm. ''.'',t DE taS an property ow
ri...., '''Hrnls unless The latter ID
hean,. n.y. and in some districts ora
ored ~, -v attention is paid TO the e
geots '5ii \. pc, As rule the latter are I
wa FUNDS are short.
n. Sale Of Property.
Is sreef 6p,,pperty at No. GOA West Eff
B. JobreSs' longing to the estate of Andn
| the co conn, was sold at a bankrupt sale,
<E Gibboouolu Court House. Saturday