Capital journal. (Salem, Or.) 1919-1980, 1920-10-23
High School
DistrictsA Are
RefusedFund
Supreme Court De-
cision Setting Aside
Excess Levy Causes
Tangle

county stand to lose $4,000 of the
S33,00O apportloned to them by the
county school superintendent for
tuition of nonresident students for
this year. unless ONE legal method
can be devised to replace that por-
ton OF the high school tax levy in
Guided in the excess levy of $4S,-
900 declared illegal by the state
supreme court on the ground that
IT exceeded the 6 per cent tax lin
itation. law.
Representatives of the high
school districts of the county are
IN conference with county court
ana other county officials this aft
ernon concerning the situation.
Warrants Refused.
The question of how the high
school districts were to be reim-
bursed for the full $4,000 they
have expended under the provisions
OF the apportionment made by the
county superintendent for this
year, which has been hanging fire
since the decision of the supreme
court on the excess levy early in the
summer, has been brought to a
focus by the action of Mrs. M. L..
Fulkerson, county school superin-
tendent, in drawing warrants in
favor of the school districts for the
full amount of money due them
under the apportionment. The
warrants have been returned
marked unpaid for lack of funds,
by the county treasurer, upon ad-
vice of the district attorney of Mar
ion county.
The school districts are demand
ing that the warrants be paid, con
tending that the appointment Of
the county superintendent was
made according to law and that up
4 on the strength, of it's legality they
have expended money to the exten'
of the funds apportioned to them
They contend that the high schoo
tax is a mandatory lazy, as the su
preme court held in it's opinion
and that no part of it could right
fully be included in the excess lev!
which was declared Illegal In sup.
port of this contention they quote
/ the supreme court decision holding
that ali mandatory levies must bt
given preference in the distribu
ton of county tax funds.
Heltzel Gives Views
! Without taking issue with th'
surpeme court decision on thu
mandatory nature of the higi
school levy, James G.. Heltzel, dis
/, trict attorney, holds that Mrs
Fulkerson acted without author
, ity in drawing warrants for the
full amount of the apportionment
to the various districts. pointing
out that the law provides thai
"the county school superintend-
ent of each county shall, on the
first Monday of October of each
year, and at such other times dun
ing the year as he may deem ad-
visable. apportion the high schoo
tuition fund in the county treas
ury to the several high school dis
tricts."
Mr.. Heltzel interprets this law
to mean that the school superin
tendent shall apportion only sucf
part of the high school fund as has
actually been paid into tre county
treasury at the time the appor
tionment is made.
{ The following warrants draw
: by Mrs. Fulkerson and upoi
which payment has been refused
represent the total amount appor
toned for the high schools fol
the entire year, approximatei!
$4,000 Of which has been collect
ed and turned over to the count!
treasurer:
! Silverton S2997.21
| Aumsville S1512.70
Hubbard $1419,71
| jefferson s16S9.05
Aurora S11.51
Salem s14.310.60
SCOTS Mills s1059
Stayton $2470.50
| Turner s1424.90
| <Woodburn $5342.46