Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1921-02-13
LAW As To FUND
FOR SCHOOLS IS
SUBJECT OF SUIT
John N. Reynolds AS Tax
payer Would Prevent Use
of Taxes Raised in Albu-
queruue for Other Districts

A petition for an Injunction to
restrain County Treasurer b. B.,
'Swope from paying over any of the
funds raised from the II mill
school tax paid by property owners
in Albuquerque to the county board
of education for use in maintaining
the schools of other districts, was
filed Yesterday by Attorneys A. B..
McMillen and Laurence F. Lee,
acting for Jorn Laurence +. Lee,
citizen and taxpayer of the city
district.
A temporary injunction was
granted by Judge Ryan, who set
hearing on the permanent injunc-
ton for 10 o'clock, February 81,
fixing the bond of the plaintiff at
SIS 900. 1t is asserted in the petition
that the present manner OF distrib-
uting school funds works an in
justice to the Albuquerque tax
payers, this district paying three
fourths Of all school taxes levied
in Bernalillo county, while one
third of all taxes collected for
schools goes to the support of dis
tricts outside the city,
Violates Constitution.
In the distribution of last years
funds Albuquerque schools received
about half OF the taxes or S1B0,0 600.
The funds turned over to county
schools are apportiohed according
to the budgets handed in 1t is set
forth in the petition that this form
of distribution is in violation of
section 4, of article II Of the state
constitution.
| 1t is stated in the petition that
plaintiff further alleges that said
county treasurer assumes to make
said payments by authority of the
provisions of section AZ of chapter
! 105 Of the laws of 1917.
Plaintiff further alleges that said
threatened action of said defend
ant and said statute under which
said defendant assumes to act, are
Illegal and void in this:
II. Because said apportionment
and said statute attempt to assess
the people and property within the
school district of the city of Albu-
Querque for school purposes in dis
tricts wholly outside of the school
district of the city of Albuquerque.
"2. That said threatened action
by said treasurer and the statutory
provisions under which lie assumes
to act are in violation Of section !,
Of article ~ of the constitution of
the state of New Mexico for the
reason that said section provides
the manner in which funds for
school purposes shall be raised, the
manner in which taxes shall be
levied and apportioned, excludes a
general county levy, and limits the
power of the board of county com
missioners of each county to a
local levy within each school dis
trict for school purposes within
such district for the following rea-
sons:
Funds Defined.
(a) That by the provisions OF
said section 4 of article IL of the
constitution of the state of Nea
Mexico there is created a fund
known as the current school fun6
composed of all fines and forfeit
ures collected under general laws
the net proceeds of property tina
may go to the state by escheat, the
rentals of all school lands anC
other lands granted to the state
the disposition of which is no
otherwise provided for by the term
of the grant or by act of congress
i the income derived from the per
4 manent school fund and stat
i levy of an annual tax upon all Q
! tine taxable property in the stat
for the maintaining of publ
& schools.
OBJ A special fund to be carvet
out of the current school fund t,
be known as a reserve fund.
Co A levy of an additional loca
& tax in each district for school pur
q poses.
"And said section of article /
provides said several funds to b.
used and distributed as follows:
I'D "The current school fund
to be distributed among the schoo
, districts of the state in the pro
portion that the number of children
h Of school age in each district bear
to the total number of such chill
4 dren in the state.
(e) The local taxes in each dis
trict to be used solely for sucl
school district.
Taxation Illegal.
f The reserve fund to be dis
tributed among school districts il
4 which the proceeds of the annua
local tax when levied to the limi
s allowed by law, plus the regula
n .