La Junta tribune., 1913-12-13
HIGH SCHOOL CASE
Judge Rix-r Holds That Otero Conn.
y Can Levy TaN for County
High School

" '' Satu'ua. ana held briei
session OF the district court. The
onl' busir"-s transacted was render.
Ing an opinion IN the cas-. brought
os Joseph Beiier. oi near Rocky
Ford, against County Treasurer
Wilson seeking to restrain him from
collecting the three and one-half
mill tax levied during the year 1912
Tor the support OF the county high
school located in La Junta Similar
suits were brought by representa-
tNes OF thirteen school districts In
Otero county.
Judge Rizer In his decision up-
held the right OF the county COM
mtssioners, under the Jaw, to levy a
tax on all the property In the coun-
y FOR county seat high school.
We find In the Law an un.uuiyocal
direction to the county commission
ers OF any county. having a high
school such as the one In question.
to levy a tax on all the property In
the county. There L. no room for
any judicial construction" says
JuSge Rizer. ''as the Las Is plain.
Where the legislature has spoken
clearly. there Is no room for con
struction.
The law referred to by Judge Ri
zer is as follows: The county com
missioners OF any county wherein
l. high school district heretofore
organized according to Law. or where
any high school district is organiz-
81 under the provisions OF this act.
or heretofore organized as union
high school at any county seat. shall
levy annually, at the tim. of levy
ins taxes for other purposes. a high
school tax on all tn. taxable prop
erty OF the county. said tax not to
exceed four mills on tn. dollar OF
the assessed valuation
The judge analyz.d tn. meanings
OF tn. various laws pertaining to
county high schools. union high
schools and county seat high schools.
The Otero school. located at La Jun
u and known as Union high school.
Was organized In 1895 by tn. singl.
district. No. II. under the law OF
1883. Since 1893. when tn. law was
amended. the school has been main
tanned by a county levy. Tn. ease
arose over the protest OF Joseph Be
licr against paying the three and
one half mill tax for the high school.
levied by the county board His con-
teution Was that he lives In dis
trict which had no voice In the or
ranization OF the school. and has no
voice IN the certifying OF the tax.
This law later was affected by acts
u the legislature in 1888, 1907 and
1909.
Referring to this taxation with
out representation" feature. Judge
RIzer states In his opinion.
This seems 10 me plainly to con
template a district high school at
rhe county seat Il H. true that the
act later provides that high schools
formed under It's provisions shall b.
opened to all qualified children Of
the county.
Under that act. IN. school board
o. minority district has been GER
tifyinr up taxes TO be levied on all
the property Of the county without
the qualified electors of any part
OF In. county outside OF district No.
II having any voice whatever tn tn.
.uu.,,ion of ths organization of the
school or district. and Without their
having having had a, any time, any
yole. In the amount OF taxes they
we're TO pay. OF In the distribution oi
the same"
A. to III. taxation without repre-
s.n.,tion feature Ot"ro county Il In
exactly til. sam. position as regards
,,.Iny taxed each year for the sup
nor, of the stat. educational insu-
,u,ion.. Last year. ot.ro county
paid taxes to III. amour, OF 's'o's-
s5 for the suppor, OF III" state sdu'
ca,Ionai Institutions, and II u not
probsbi. that there ~cr" over TWO
dozen students from this county at
tending tn. stat. institutions New
.,,h.,rss We ~.r. taxed Tor the'r
support. snd II We did not rre'''r
,slu. for III. ,ascs We paid II W"
not the fault Of the state. The 'hs"'
tutious were there for our use, an"
III. aam. argument applies :" 'ne
county high school locate" !" "~
JuntA.
I..., year o,sro county, and every
other county In the state. "" s'
.....d one.fifth Of . mill for the sup