Montgomery County sentinel. [volume] (Rockville, Md.) 1855-1974, 1915-01-15


separately on account of each high schoo
l and the total expenses for the main
tenance of the high school department
of each high school. and requiring tn,
County Commissioners in their annual lev!
to separately specify the sum to b,
used for the maintenance of the pub
, lie schools other than the high school
; branch thereof, the maintenance of the
high school department of each school con.
tanning such department and the sum &c
be used for new buildings and equipment
of the public schools of said county, and
providing penalties for the violation OF
Sections 524A, 524B and 500 of said Ar
ticle."
By Section 525 of this Article, the School
Board is required to keep within its income
each year, and its power to contract debts
and create deficiency is confined to the
terms Of the proviso. not pertinent to any
question here involved.
By Section 524A. the School Board is
required to keep separately its funds for
the maintenance from those for new build
ings and equipment. and it is expressly
provided that on or before June LIST of each
year, 1t shall submit detailed sworn es-
Inmates of the expense of the maintenance
for each school year, beginning August list,
land which estimates shall include the
estimated receipts from the Treasurer of
the State for general school purposes and
separately on account of each high school
as well as the estimated total expense of
maintenance of the high school depart
ment of each high school of said county
for each year.
By Section Sab it is provided, that
in making its annual levy for public school
purposes, il shall be the duty of the Coun-
ty Commissioners for Montgomery County,
to separately specify the sum to be used
for the maintenance of the public schools
other than the high school branch thereof,
the maintenance of the high school de-
partment of schools containing such de-
partment, and the sum to be used for new
buildings and equipment of the public
schools of said county, provided that the
| County Commissioners may levy a con-
tingent fund which may be applied to
maintenance. high schools, new buildings
or equipment in the discretion of the said
Board Of County Commissioners of Mont
| gOmery County; and provided further, that
1t shall be mandatory on the County Com
missi0ners to levy for each year a sum
which, together with the estimated State
appropriation therefor. will be sufficient to
lawfully maintain the public schools of
said county other than the high schools
for the period for which each class of said
schools were conducted during the school
year, ending July 3lst, 1914"
By Section 526-A it is provided, that
upon conviction for the violation by any
member or officer of said Board of County
School Commissioners of said Sections
524-A and Sab or Section 500, of this
Chapter, shall be punished by fine of not
less than five hundred nor more than one
thousand dollars and removed from Office"
The General Laws of the State set forth
the general scope of the various branches
of the public school system. Section 1875
thereof requires the approval by the State
Board of Education in advance of the es-
Establishment of any high school and it is
only specified class of high schools to-
ward the support of which the State con-
tributes. No high school in this county
can be conducted agreeable to these laws
except by financial support Of the county,
and the prOvisO to Section 1873 of the Cen
eral School Law requires County School
Boards throughout the State before levy
| to submit
"A list of high schools of the county and
an itemized statement Of the estimated
| costs Of maintenance of same, the said
Board of County Commissioners shall make
a separate levy for high schools, publish
ing the same once week for three sue
cesslve weeks prior to the date of making
said levy in one or more county papers"
Considering the terms Of the law local
to this county, passed four years ago after
the Statewide provision, IL might be con-
tended that the matter Of making levies
for the support Of high schools in this
county Is left to the discretion of the
County Commissioners. Considering the
i CNANa do aNn NhAw ...tk tN.I
statute II seems clear that the name of
each school must be submitted with the
estimates of expense before any levy can
be made for any particular school. Con-
sidering the title to the Act Of April 10th,
1910, together with the body Of the Sec
| tons, the purpose seems clear not only that
the funds levied for the maintenance of
| high schools should be kept separate from
| the maintenance of the other branch of
| the school system, but also that the amount
levied for each high school must be ex-
pended, II at all. on the particular school
| for which the levy was made.
The only discretion given in the absence
of levy is by way Of contingent
fund contained in Section 524-A, which
also provided that mo funds levied for
such maintenance shall be expended for
new buildings and equipment, save and
except any surplus which may remain at
the end Of any school year after the pay
ment of all obligations for such mainte-
| nance"
1t is my further opinion, however, that
| after levy the law cOnfers upon the County
Commissioners no special supervisory juris-
| diction over the expenditures of the funds
by 1t levied for the use of the Board of
County School Commissioners for Mont
| gomery County.
When the funds so levied are collected
by the County Treasurer, II is his duty
under the direction Of the County Commits
siOners TO turn those funds over to the
proper officer of the School Board and take
his receipt therefor.
With the performance of this obligation,
the duties Of the County Treasurer and the
County Commissioners, as prescribed by
law, have been performed and they be-
come absolved from any and all obliea-
tions in the premises whatsoever.
IF the opinion Of the attorney to the
County Commissioners be somewhat at
variance with the written views Of the |
attorney to the School Board, 1t is not my
intention to criticise or reflect upon his |
Interpretation.
interpret his opinion as one for relief, |
expediency and good policy for the public |
schools OF this county.
On this proposition have no comment
On the other hand. have carefully read
the laws in relation to the subject matter
and have at some length quoted the par
ticular provisions by chapter, section and
paragraph, and from these quotations
have made my deductions, which ] hope
are in conformity Herewith.
In conclusion, desire to say that am
heartily in sympathy with the improve
ment and extension Of the public school
system Of this county, and | believe it
should be the duty, and ! know 1t Is the
desire. Of the County Commissioners TO aid
In every way the establishment and the
maintenance Of the best possible school
facilities that can be afforded under local
conditions.
Now, having been informed by the Coun-
ty School Commissioners that this surplus
Of $3,282.09 remained in the hands Of
the Treasurer Of the School Board at the
close of the fiscal year, July 81, 1914, like