The Marion daily mirror. (Marion, Ohio) 1892-1912, 1911-12-08
FIND K|NK IN
THE SMITH LAW
Does Measure Wipe Out
State Aid to Weak
School Districts.
Opinions Vary and Hogan is
Expected to Make Rul-
ing Soon.
Generally Thought He Will
Decide Aid Has Not Been
Wiped Out.

Columbus. O., Dec 3 The Smith
one per cent. law and the law pro-
viding for state aid for weak school
districts are out of Joint with each
other. This has caused a very COM
plicated situation Auditor of state
Fullinston has asked Attorney Cen
eral Hogan to determine what the ef-
feet of the Former law is upon the
latter There is some apprehension
that the failure of the legislature to
make proper provision for the giving
of state aid under the new one per
cent law may have a serious effect
upon the giving of this aid
II the attorney general rules one
way. all state ail may be wiped out.
and ii he rules another way thu
state may be called upon To pay out
much larger sums. 50 the auditor Of
state thinks II Is thought that the
attorney general viii hold that the
state aid law has not been repealed,
and that he will try to find a way by
"hich this help can still be given
weak districts by the state. without
the latter being mulcted as result OF
the failure Of the legislature to make
both laws conform to each other
Under ola Law.
Under the old state aid law, If the
12-mill maximum levy for school dis
tricts did not yield enough money tb
enable the district to have school
eight months in the year and To pay
the teachers $40 a month. the state
would step in ana make up the de-
iciency so that the proper maln;e-
nance of the schools could be kept
up. To be eligible to get this aid
Ii was necessary for the district tn
make the maximum levy or twelve
mills.
Under the new one per cent. law.
the district does not make the levy.
but the budget commission does. The
district requests what It needs and
the commission makes the levy.
| Herein lies the danger The commits
sion might make a low allowance for
| the district one that would not near
| ~ meet its needs, on the presump-
tion that what was lacking would be
made up by the state. This would be
on the theory that state would. for
the asking, give the aid the district
y ould need.
Auditor OF state Fullington fears
there would be a tendency upon the
part of budget commissions to adopt
such policy, and this. he declares,
would soon bankrupt the state of all
It's available appropriation for state
aid for weak school districts. n
some method can be worked out by
which the budget commissions can
be made to make the highest levy
possible under the one per cent. law
for weak school districts. then tho
state would only be called upon 10
give such aid as II would be properly
liable for
Have Hold on Members.
| IT Is thought that Attorney General
| Hogan will hold that the state aid
law has not been repealed, and that
while It would be possible for the
| budget commissions TO unluly pare
! down allowances for school districts
and thus throw an increased burden
upon the state by requiring 1t to
make up the deficiency. that it would
be serious matter for the commits
sion members to be guilty of sucn
had faith and might subject them
selves to liability to removal
In the recent supreme court de-
cision defining the Smith one per
cent. law. the court pointed out that
it was the duty OF the budget com
n ission to make proper revision foi
the needs of the various taxing dis
| tricts. ana 1t Is believed that the at
tCreny general win point out in his
ruling that II the budget commissions
fam TO observe this requirement, they
win make trouble for themselves.
But admittedly there is much to be
implied in figuring out some way Ia
compel budget commissions 10 act m
good faith