St. Tammany farmer. [volume] (Covington, La.) 1874-current, 1911-04-29
HAD RIGHT TO
|SSUEBON
Attorney General Guion De-
clares Town of Sliden
Was Acting Within the Law
in Issue of School Bonds.
Parish Superintendent Gus
todian of School Funds.
Tax Levy Be Exetended to
ToLo EHoo4 -, E,,+,1r.o
Tax Levy Be Exetended to
Take Effect in Future.

The following communication from
Attorney General Guion gives an
opinion of much discussed questions
in regard to the Slidell issue of bonds
for school purposes. According to
this decision, in case Covington wish
ed to extend or increase its present
tax levy for further issue of bonds
it could do SO. AS the present school
building has been regarded by some
as unfit for completion, and as even
some architects have sustained this.
view, it may be found necessary that
some such step be taken before we
can have a school house:
New Orleans, La, April rs, 1911.
Hon. L. L. Morgan, District Attorney.
Covington. La.
Dear Sir-I have your letter OF
18th instant, enclosing me one to
you from Mr.. II. B. Messick. superin-
tendent of public schools of St. Tam
many Parish, which you have asked
me to answer, and which in compli-
ance with your request, l now do.
On examing his letter to you
find that, in 1906, the town council
of Slidell ordered an election to be
held to vote on the question of levy
ing a special tax for the purpose Of
building a school house in that town;
that, in February, 1911, the council
OF Slidell ordered another election,
for the purpose of voting on the
question of a bond issue in order
to build the school house just refer
red to, and, because the school board
of st. Tammany. Parish has never
created any school district, known
as the Slidell School District, Mr..
Messick wishes to know:
First, if the town of Slidell is
school district by virtue OF its in
corporation. He also asks:
""Second, whose duty it is to sell
the school bonds referred to.
t' Third, whose duty it is to accept
the plans and specifications for the
school building. as well as to- let the
contract for building the same, and
to supervise the construction thereof
where, as in the present instance,
the site upon which said house is
to be built belongs to the parish
school board
Fourth, with whom the proceeds
to be derived from the sale of these
bonds should be deposited and II
the same may be otherwise lawfully
deposited; and
Fifth, whether the levy of the
special tax referred to may be ex-
tended for longer period than the
present levy, so as to begin the COZ
lection of same five or six years.
Answering these questions in the
order asked, beg to say:
First, if the question asked is as
to whether the town of Slidell had
the authority to levy a special tax
First, if the question asked is as
for the purpose of building a school
house in that municipality, l do not
hesitate to say that it had such au-
thority, and, in that sense, that q
municipality might be designated as
school district
Second, that town had also the
right, under the provisions of Act
No. 81 of 1906, to fund into bonds
the proceeds of the special taxes thus
voted, and necessarily, to sell these
bonds in order to reach the proceeds
uoTlV6Q 1TOH1 Iu6lT Sdl6.
Third. By section 8 of Act No.
214 of 1902, as amended by Act
No. 1877 of 1904, it is the duty Of
the Parish Board of School Directors
of St. Tammany Parish to accept
the plans and specifications, to let
the contract and to supervise the
construction of the building where
the site upon which sadi house is to
be built belongs to the parish school
board
Fourth. AS section IS of Act No.
PA of 1902 provides that the parish
treasurer of each parish, except in
New Orleans, shall be the treasurer
of all school funds, the proceeds de-
rived from the sale of these bonds
should be deposited in the hands OF
the parish treasurer, and, it is my
opinion that they cannot legally be
deposited elsewhere.
Fifth. can find no statute pro-
hibiting the levying of a special tax
or the extension of same, when once
levied, to take effect in the future
and | therefore hold that a special
! tax, once levied for the purpose OF
bilding school house, may be ex-
tended or the same originally levied
to take effect at some future time.
In other words, that such a tax may
| be voted, or, when once voted, ex-
tended, SO that the collection of same
may not begin Immediately but in
the future.
Believing that l have answered
fully all questions which you have
| submitted to me. / am,
Very truly yours,
''WALTER GUION.