The Hattiesburg news. (Hattiesburg, Miss.) 1908-1917, 1910-11-16
COUNCIL, ON ADVICE OF CITY AT.
ToRNEY, DELAYS ACTION.
AITORNEY GENERAL IN ERROR
Consent of Tax Papers Must be Had
to Increase the School Levy,
Says Mr.. Sullivan.

Contrary to the expectation of
Mayor Donald, the city council and
the general public, the municipal tax
levy for the year 1911 was not fixed. by
the board last night, and the matter
was deferred until the next meeting
Of the board.
ms action was brought about
because Of the request of the board
OF trustees Of the city schools to in-
crease the school appropriation for
lhe current fiscal year to an amount
in excess of three mills, the increase
being made necessary on account of
interest on the new school bonds.
which must necessarily be paid from
the taxes levied for school purposes.
According to City Attorney Sullivan,
the ruling of Assistant Attorney Gen
eral Mcdowell, published yesterday in
The News, did not touch upon the
points at issue, probably because of
the fact that Mr.. McDowells informa-
tion was conveyed by telephone and
came to him second-handed.
Holds to Original Views.
In speaking of the matter this morn
ing, Mr.. Sullivan stated that he agreed
with Mr. Mcdowell in every particular,
so far as his ruling went, but that he
still holds to his original position as
outlined to the mayor and board of
aldermen at their last meeting. Mr..
Sullivan's opinion, briefly stated to a
News representative this morning, is
this:
THE board of aldermen are limited
to a levy of three mills on the dollar
for all school purposes. including in
terest on school house bonds, unless
a majority of the tax payers consent
to increase yVIe levy above three mills
1t takes about two-fifths of one mill
to pay interest on school house bonds,
which leaves the council free to levy
about two and three-fifths mills to
run the schools.
Tax Papers Must Consent.
Il advised that the levy for interest
on school house bonds and the levy
to run the schools, together, should |
not exceed three mills, unless the |
tax payers should consent to increase
the levy I did not advise that any |
part of the levy to be made to run the |
schools could be taken to pay interest |
on school house bonds. If the board |
levies two and three-ffths mills to |
run the schools, no part of this can
be used to pay interest on school
house bonds.
"While the levy for school purposes
must, of course, be made under one
the specific purpose for
which the money is to be used must
be shown in the ordinance. For in
stance if a three-mill levy for school
purposes should be made, it must be
shown what part of that three mills
will be used to run the schools and
what part to pay interest on the school
house bonds. That is my position,
clearly stated, and is based upon the
statutes and a decision of the SUI
preme court, which read to the coun-
ell last night
Given Another Week.
AS a consequence of this opinion,
AID because of the fact that not a
sufficient number of signatures had
been secured to the petition asking
the council to increase the school tax
levy, the school board and friends
Of the school were given another week
in which to secure additional sigma j
lures. and the general tax levy, there
'ore. could not be made. These mat t
ers will be finally disposed of at the /
lext meeting of the council, on Tues :
lay night, November %.