Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1914-11-13
Commissioner Cooke Asks Attor-
ney Dawson For An Opinion On
The Expenditure OF School
Funds.

AOt bodiu VI OOullty OClOOl OOliliilSolOii-
ers for Montgomery Co., Rockville, Md.
Dear Sir AS counsel for the Board you
have rendered certain opinions orally in
the presence of the Board and you are sub
ject to consultation from time to time by
the County Superintendent having imme-
date charge of the fiscal affairs, which are
under the supervision of the Board.
In view of the criminal provisions of the
statute affecting all concerned, | deem it
my duty to ask that you place in writing
your opinion on the three or four following
propositions:
|. Is the fund of about $4,000 remaining
in the treasury of the Board at the end of the
fiscal year, July 81, 1914, subject to appro-
priation or use of any kind by the Board, or
is it appropriate that that amount should be
deducted from the amount of the bonds
authorized to be issued for the funding of
the school debt under the statute passed
at the last session of the General AssemblyS
2. 1t appears by the report from the
Chevy Chase public school that there were
in attendance at that school at the time
of the first semi-Quarterly report 38 pupils
in high-sch0Ol grades, namely, Fl in the
9th Grade, 5 in the 9th grade. and IL in
the 10th grade. 1t also appears from the
records that the State Board of Education
has not yet authorized the establishment
of high school at Chevy Chase. 1t also
appears in the sworn estimates made by
our Superintendent to the County Commits
sioners for levy for the current year, each
high school was specified and the amount
of the levy therefor was itemized. and no
estimate was made as the basis for funds
with which to conduct high school de-
partment during the current school year at
Chevy Chase. Upon this state of facts,
please state whether or not the use of
funds of the treasury of the School Board
for the teaching of high-school grades and
the supplying of books therefor is legal or
illegal?
3. Pursuant to the provision of the stat
ute the estimates for maintenance of each
high-school department in each school was
separately made and the estimates for
high-schOol maintenance were made sepa-
rately and distinctly from the maintenance
of the balance of the public school system;
and the levy was made separately as be-
tween the high-school department as such
and the other department of the public
schools of Montgomery County, and no
levy was made for contingent fund.
| wish to know from you whether or not
it is lawful for any of the funds levied for
the maintenance of the department other
than high schools can be legally expended
for high schools, and further whether or not
any funds so levied for high school depart
ments can be used for other public school
purposes without violating the law.
A copy of this letter is being sent to the
President of the Board and also to the
County Superintendent, for their informa-
ton: and respectfully ask that you give
this matter your prompt attention and
that | be supplied with any written opinion
which you may render.
Very respectfully.
z. M. COOKE,
Member of Board of County School Com
missioners for Montgomery County
October 3. 1914.
Mr.. Zadoc NJ Cooke,
Member of the Board of County School
Commissioners for Mon tgomery County,
Gaithersburg, Md.
Dear Sir Replying to your communica-
ton of the 30th ult., in which am re-
quested to state. in writing. to. your Board
my views on the propositions N, said in
quiry propounded. t'sI
To the first inquiry as to the sum or
about $4,000 you state remaining in the
treasury Of the Board, being the balance
of the sum of $58,50O paid over to your
Board by the County Commissioners of
Montgomery County for purposes mentioned
in the Act of the General Assembly of
Maryland of 1914, Chapter SIS. This Act
P'S'hNNo ehdN hhC dDONN oulii vi pOOtOOO
should be paid over to the County School
Commissioners to liquidate certain indebt-
edness set out in the Act; and provides
further that 1.-THE balance thereof to be ap-
piled by said Board of County School Com
missioners to or toward the payment of
any deficiency there may be in the con-
duct of the public schools of said county
during the current year. and to no other
purpose whatsoever" If this balance of
about $4,000 you speak of was not ap-
piled when it might have been to any de-
ficlency mentioned in the Act before the
close Of the current school year referred to,
il being funds for the administration of
the school affairs in Montgomery County,
there should be no good reason why that fund
could not be accounted to the County Com
missioners. from which source il came, and
Immediately returned to the Board of
County School Commissioners for the use
of said Board in its administration of the
school affairs Of the county, as under
stand, the School Board contemplated.
Answering your proposition No. g. The
law provides that the County School Com
missioners shall have authority to estab-
lish high schools. subject to the approval
Of the State Board Of Education. in their
respective counties when. in their judg-
ment. it is advisable to do so. II the State
Board of Education approves the proposal
to establish the high school in question.
the proposition would be freed from the
difficulty of any question; and If the School
Board had funds in hand out Of which to
defray such expenses. in my opinion, the
use Of such funds If applied. in their sound
judgment and discretion. for the benefit Of
the administration of school affairs would
not be involved in the legality or illegality
of such use Of such funds as would come
under the penalties mentioned in Chapter
a. r. Al A.