Evening journal., 1921-10-22
NO PROVISION
FOR OLD DEBTS
State Board of Education
Could Legally Pay, If
Funds Were Provided
ATTORNEY-GENERAL
GIVES OPINION

Special to The Evening Journal.
DOVER, Oct 22.-When the pres
ent members OF the State Board Of
Education were appointed last sum-
mer under the new school law which
went into effect on July 1, they
found some debts incurred in school
work under the previous law. Since
that time the question as TO
how they could legally pay these
debts has given the board much con-
Germ.
Recently H. V. Holloway. superin-
tendent OF public instruction, asked
Attorney-General Townsend for his
opinion on this matter, and also two
other matters in connection with the
new law that the board was in doubt
about. Mr.. Townsend's opinion was
received and read at a meeting of
the State Board OF Education here
yesterday Under this opinion the
board finds itself in the position of
having the legal authority to pay
the bills but unfortunately the Leg
islature in making up the school
budget neglected to make the finan-
cial provision for the payment OF the
same. The payment of outstanding
bills is contemplated by the new
law. the encouragement says. but
adds that the Legislature undoubted-
ly overlooked providing for the same
in the budget.
The opinion OF Mr.. Townsend was
requested on the following matters.
How may the obligations above
referred to be legally met?
To whom shall the County Re
ceivers OF Taxes or County Treasur-
ers pay over the taxes when col
lected. in accordance with the above
mentioned Aet7
Will the amounts so collected be-
come a part Of the s2,000,0O0 ap-
propriation made for school pur-
poses by the last Legislature for the
year 1921-22?
Attorney General Townsend in his
opinion says in part:
"A reasonable Interpretation would
mean that the monies which former
" went to the county boards could
be paid over to the State Treasurer
and kept in a special fund and paid
on warrants Of the State Board Of
Education to the persons and for
the purposes herein indicated, or
that such monies could be paid out
direct by the state Treasurer to the
persons ultimately entitled as herein
Indicated under warrants OF the
state Board OF Education. and that
monies belonging to special districts
as herein indicated, could either be
paid out directly by the County
Treasurers on warrants Of the state
Board OF Education to persons ulti-
mately entitled or could be paid tc
the special school districts, entitled
on warrants OF the State Board OF
Education and thereafter paid out
by the special districts with the ap-
proval Of the State Board of Edu-
cation.
Having reached the above con-
clusions, it necessarily follows that
am Of the opinion that the moneys
raised in one county cannot be used
to pay existing debts in another
county, and that said taxes are not
become a part of the s2,00O,oOO ap-
preparation for school purposes Tor
the years 1921-22.
"I have also referred to Section
65, OF the new schoo, law, which
provides that all debts and claims
against any present existing County
Board Of Education shall be assumed
by the State Board of Education
created by this Act.
1t will be remembered that the
Legislture Of 1921, at Chapter IA
volume 80, made appropriations fol
free public school purposes. The
appropriation in said act mentioned
we're evidently made out pursuant t'
a budget prepared by the then exist
ling state Board Of Education, and L
have been consistent with the new
school law this appropriation act
under the head OF Debt Service
should have made provision for thu
payment OF the debts OF count,
boards, but it evidently did not d.
so.
with reference 20 this latter sub
iect. can only say that it presents
an unfortunate situation, ana ont
which the Legislature undouDtedl!
overlooked in enacting the Bulge
Law, because the payment OF thes'
outstanding bills is contemplated b.
the new School Law"