The Montgomery advertiser., 1907-09-10
FOR TOWNS
 OR COUNTIES Question Arises Over
 School Fund. HOW SHALL II BE DIvDEDs Problem Passed Up to Attorney
 General Garber. Superintendent Gunneis Does Not Know Whether to Send Funds F to County Committees or
 Directly to the Districts. 

State Superintendent of Education Gunnels has asked Attorney General Garher for his interpretation of the law relative to the distribution of the State school fund, whether or not 1t should go to the county education com mittees or to the districts directly.
 There has been considerable discus- sion of this matter, and county super intendents over the State have asked that the question be brought to the at- tention of the Attorney General that he, might decide the intent of the law.
 The complaints of the superintend- ents. if they can really be called com plaints. are that the distribution of the money in some of the counties where there are separate school districts. Is not equal, and thta the city schools get more proportionately than some of the county districts. which necessitates some of the rural districts cutting their school term shorter than is that in the city.
 Speaking of the matter yesterday Superintendent Gunnels said:
 Tt occurred 10 me that there were certain conflicts in the educational sec tions of the municipal code and Section 256 of the Constitution. I, therefore. asked Attorney General Garber for his construction of the section referred to.
 Under the Code of 1886 1t was made the duty of the Superintendent of Ed ucation of the State to apportion the school fund to the various townships and districts in the State in proportion to the number of children of school age residing therein. The school fund under the law at that time was abso- lutely township or district fund and was in no sense county fund.
 Section 256 of the present Consti- ff1ffoT hoxvAyer naAra1 fa affau1nf fo make the fund g county fund instead of a district fund. A part of that sec- ton reads as follows:
 "-aThe public school fund shall be appOrtioned to the several counties in proportion to the number of school children of school age therein and shall be so apportioned to the schools in the districts or townships in the coun- ty as to provide as nearly as praeti- cable school terms of equal duration of such school districts or townships.
 "Thc State Auditor on the first of October will certify to this office the available school fund, exclusive of poll tax, for next year and 1t will become my duty to make an apportionment. desire the Attorney Generals interpre- tation of the Constitution in order that may know whether to make a direct apportionment on a per capita basis to
  make an apportionment to the coun- ties and shall certify to the County Board the amount of the apportion- ment and authorize them to apportion the funds to the various districts so as to run all of the schools as nearly the same length of time as hractieahIe.
 Personally. I have no fixed opinion as to the law in the case, but the question has been raised and felt it necessary to ask for the advice of the States Attorney General.
 If the Attorney General should de- eide that the school fund Is a county fund. absolutely. then the entire amount for Jefferson County would be certified to the County Board of Ed ucation of Jefferson and the County Board would apportion to Birmingham, Bessemer. Pratt City and other towns in the same manner that they now apportion to the rural districts.
 "on the other hand. if the Attorney General should decide that the fund should be experienced to the various districts on a per capita basis this ofice will make the apportoinment di- rect to such towns and cities"