Evening capital news. (Boise, Idaho) 1901-1927, 1920-01-04
Failure to Collect Their Portion
Of Penal Assessments Nate
rally Reduces Rightful In
come.
TWO STATUTES QUOTED
Cities Pay Hall to Districts
Within Limits State Fine
Money Goes Into County
Fund.

have probably lost the use OF several
hundred dollars of their rightful rev.
enue through neglecting to enforce
collection from cities. towns and viii
Lagos of their share of all moneys COL
lected as fines, penalties and forfeit
ures under state penal laws and
municipal ordinances.
DIR. T.. A. Bryan, state commission
er OF eduQotion, is preparing a circu-
lar addressed to trustees of school dis
tricts and city and county officials
suggesting an immediate checking up
on this source of revenue for the pub
lie schools. The state department of
finance in a recent investigation
found that certain towns and cities
school district or districts for the dis
trict's share OF all fines and penalties
collected.
TWO REVENUE PLANS
Penal assessments are awarded to
the schools by two express provisions
of the Idaho statutes. Under one OF
these provisions half of all moneys
collected within organized and incor-
porated cities, towns and villages for
fines and penalties under the munich
pal ordinances, must be paid into the
city, town or village treasury for gem
cral revenue purposes, and the other
district or districts, IL more than one,
equally embraced in whole or in part
of the same territory as the city.
town or village.
GET ALL STATE FINES
The other statute gets the money TO
the schools in different way
through the county. instead of direct
~ into the treasury of the districts.
This section provides that "all moneys
collected from fines, forfeitures or
breaches under any of the penal laws
OF the state, shall be paid into the
county treasury and apportioned to
the county school fund"
These provisions distribute consider
able responsibility upon the shoulders
sof the city and county officials charged
with collecting fines and forfeitures.
DR.. Bryan pointed out. 3#gtFs ttEt
OFFICIALS RESPONSIBLE
In one southern Idaho county, two
mon were placed under $4,000 bonds
each 10 keep the peace. They were
released by the sheriff on their own
recognizance, and before the money
was put up to satisfy the bond they
got into subsequent alteration
which automatically made their bonds
payable. And when the bonds came
due the county school fund became
entitled to half of the total of $4,000.
AS the men had not put up the money,
the sheriff of the county Is probably
responsible for it, and the county
probably has grounds to collect on his
official bond for Its share. it is be-
lieved.
Similar responsibility and liability
too rests upon municipal officers.
Every IS and $40 cash bond posted by
automobile speeders for appearance in
court which is forfeited must be ac-
counted for to the school district
treasury.
Lose MUCH REVENUE
Dr. Bryan believes. that large
source of revenue is. being neglected
by certain school districts, which have
failed to receive their share of such
moneys. Concerning the situation DR..
Bryan said.
"The department of finance has
called the attention of the commission
er OF education to the fact that certain
cities and towns have not properly ac-
counted to the school district or dis
tricts for the districts share of all
fines and penalties collected under the
ordinances Of said city, town or vii
lage.
saThe section referred to Is as fol-
lows:
"Sec 3SS2-One half OF all mon.
eyz which are collected within the
limits of any incorporated city.
town or village. organized or OPP
Grating under the provisions OF
this title. for liquor licenses, or
from fines or penalties under the
ordinances of said city. town or
village, must he paid into the city.
town or village treasury for gem
eral revenue purposes. and one
half into the treasury of the school
district or districts. If more than
one, equally embraced In whole or
in part OF the same territory as
said city, town or village.
Already certain city schools have
discovered that the city is in con-
siderable arrears in the payment of
the school districts share of the fines
and penalties referred to above, and
some collections have nlready been
madeS0e amounts due and unpaid.
.1t may be possible in some cases