Every evening, Wilmington daily commercial. (Wilmington, Del.) 1878-1928, 1922-01-12
PLAN TO FINANCE
SCHOOL EXPENSES
General Funds Can be Used
Temporarily, Attorney Con-
eral Advises Governor.


schools OF the state In insufficient TO
meet the current bills and expenses,
the state treasurer may pay such bills
out OF the general funds OF tho state
and shall repay the money TO the
General fund from time to time, as
Il Is available. Attorney General Syl-
vester ID. Townsend stated In an opin-
ion rendered at the request OF Gov.
William ID. Denney:
January g, 1922.
Hon. William u. Denney. Governor
of the State OF Delaware. Dover. Del
J My dear Governor You have adj
vised me that at the present time. the
monies available for free public school
purposes under the provisions OF
Chapter 2. Volume 80, Delaware Laws
ai.I Chapter 166. Volume 80, Delaware
Laws. are insufficient TO meet the cur
rent bills and expenses Of the free
public schools OF the State, and you
have asked my official opinion az to
whether or not the state treasurer
may pay such current bills and ex-
penses out OF the general funds OF the
state, and later reimburse the general
fund by transferring to the general
fund sufficient funds. as the same shall
be available. from the several items
of school taxes and school income emu
merated in Section 9 of Chapter IA,
Volume 80, Delaware Laws.
In reply / viii advise you as follows:
Chapter $50, Volume 33. gDelawar
Laws. approved March 81. 1921. at
| Sn~ffn,, Lat
Assembly shall, at each biennial SEES.
sion. make provision for the annual
payment for the succeeding two years
10 the free public schools of the State
of an amount which shall amply pro-
vide for the items of the official school
budget not provided for by the County
tax on personal and real estate. the
} income from the State school fund
the income from tax on personal in
comes and on corporations, the in
come derived from the tax on corpora.
tons. and fees received from ths
operation Of the said income tax ant
corporation tax laws. Section So Of
the same Act provides that each ap.
: preparations together with certain
other monies therein specified. shall
be paid by the State Treasurer In &C
cordance with the items OF the ofiicia
: State school budget and with the ap
preparations Of the Legislature there
: for, as required by the State Board o
: Education.
The official school budget above re
ferred to is set forth In Chapter IA
: Volume 80, Delaware Laws, approve
May IL, 1921, and Section Z OF this Ac
makes an appropriation Of Two Mil
lion Two Hundred Thousand Dollar
for the school budget for each of III
! school years beginning July /, 1872
and July l, 1922, payable out of III
] tax on real and personal property. an
!, the income from the State school funt
and the income from the tax on per
] sonal incomes and on corporation.
and fees received from the operation c
: said income tax and corporation ia
laws. and corporation freachise take
7. therein referred to. Section Z, howeye
Tcontains a proviso; That II the rev
;. enue derived from said sources sha
}. at any time be insufficient TO suppl
the funds appropriated by this Ac
n then the deficiency or deficiencies sha
"a " tftoNt Up lioui Alflit 10 tlIne OuI
the general fund by way Of adva nee
= and all amounts so advanced out
/ the general fund shall be repaid
the general fund from time to tin
4. during the said school years as none
shall be available for this purpo
j. from the several items OF school tax
J. and school income"
From the language ofethe abo,
i proyiso 1t is clear that the Legislat tn
anticipated that the monies to
D. raised from the above mention,
source would probably not be avai
N able as and when needed and it Their
c. fore wisely made provision to tai
care OF such condition should
ell arise, out of the general fund.
The state treasurer will be talir
m no responsibility whatever in homo
ing warrants which are within the a
L. preparation as set forth In the scho
budget law, and paying them out
s, the general fund. for the reason tn
II is legal presumption, upon viii,
r., he Is entitled to rely, that the moni
required to be raised for school pu
X poses under Chapter $50, Volume
Delaware Laws, and under Chapter
- Volume 80, Delaware Laws. will
collected and will be sufficient TO me
The requirements OF the official schc
budget, including repayment OF fun
advanced from the general fund.
: Is not called upon to determine az
fact that monies sufficient to meet I
appropriation will not be raised fro
the above mentioned sources, nor
he responsible in any degree IL tn
are not. In fact, raised.
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