Daily press. [volume] (Newport News, Va.) 1896-current, 1910-02-11
Trustees Claim Council Must
Provide Funds.
LEGAL QUESTION INVOLVED
Contention is That Constitution Au-
thorizes Special schooi.Levy In Ad'
dision to General Levy, and That
TRUSTEES Are Judges Of Amount.

- al n<lnd. Inc Dpdiu VI o'"N~'
trustees has put squarely UP to the
city council the necessity for making
an additional levy. not TO exceed five
mills on the dollar. for the coming
fiscal year to supplement the state
fund and the issue will aot down.
The council has practically put IT.
self on record as saying that the
school levy for the coming year
shall be fixed at 25 cents and that II
viii be impossible to supplement this
sum by a special appropriation from
the city's general fund. BY resolu-
tons adopted last Tuesday night, a
copy of which is in the hands OF the
city clerk, the beard Informed the
council that $49.42S23 will be requir-
cd To run the schools next session.
Under the % cent levy. the hoard viii
receive s2s,74s05 from the city and
this sum win be supplemented by
about sIl 900 from the State fund and
tuition fees. making a total income
CT s39.74805. An additional s9.6so.23
nn,st be raised II the schools are to
be kept at their present state OF ef-
t,ciency. the trustees declare. and kept
open fer the full school session OF
nine months.
Apply TO Supreme Court.
The school board virtually has an
nounced that II the council refuses 10
lay the special levy asked for or to
agree to supplement the regular
scheoi levy by special apprcpria-
ton. the matter will have TO be TAX
EN- into the courts. The probable
Rode OF procedure OF the board IN
that event viii be 20 apply TO the
Virginia Supreme Court for man.
camus TO compel the council TO lay
the levy.
Members of the council contend
that the city's charter provides for
levy not to exceed s1.25 and that
the council cannot legally lay any add
ditbnal levy. On the other hand. the
school trustees contend that the con-
stiuation gived them the right to de-
mand an additional levy not TO exceed
I'VE mills on the dollar and that the
constitution provinces that the council
shall lay and collect this levy Their
contention Is based on section 1885, of
the constitution. which reads as fol-
lows:
Each county, city or town If the
same be a separate school district, is
authorized to raise additional sums
by a tax on property. not TO exceed
in the aggregate five mills on the
dollar in any one year, to be appor-
toned and expended by the loca'
school authorities of said counties,
cities, towns and districts In estao-
fishing and maintaining such schools
as in their Judgment the public wei
fare may require: providing that
such primary schcpls as may be es-
.ab!ished IN any school year, shall be
maintained at least four months OF
that school year, before any part OF
the fund assessed and collected may
be devoted T. the establishment OF
schools OF higher grades. The boards
Of suDeryisors Of the several counties
and the councils OF the several cities
ana towns. IL the came be separate
school districts. shall provide for the
levy and collection of such local
school tax.
Attorney o. d. Bachelor. of the
schoo! board. contends that the citys
charter was granted before the new
constitution was adopted and that the
section relating to the levying Of
municipal taxes is in conflict with the
section Of the constitution quoted
above.
Propose Reduction Of levy.
Mr.. Bachelor said last night that
year before last, the board received
nbont $4,000 from the city and that
this year il received about $4,000
and that now the councilmen say that
rext year the board must run the
schools within the city fund Of SIS
74ses. The levy last year was %
cents CT the sl0e. but the council
appropriation s7.aoo for the board. in
crcasing the levy to about q ceuis,
and this year J; appropriated sio.-
cee Tor the hoard. increaSing the levy
40 about p cents
IN this connection. the following
figures given ont by Superintendent
Jenkins are 81 particular interest:
Last year, In February. 1909. Nc
had 50 teachers and an enrolment
81 15.sss. OF f27-is pupils 10 the
teacher. This year We have SO teach
crs and 3.07S enrolled or nearly -
s.npils to the teacher. last year
1859. Ne had IN February z.25f on