Evening journal., 1922-01-12
SCHOOL MONEY
in GENERAL FUND
Attorney-General Says Cur
rent Bills May be Paid
From Ii
SAYS LEGISLATURE
MADE PROVISION

In an opinion given Governor
Denney, Attorney General Town
send advises that It is permissible.
when the funds for free public
school purposes is insufficient to
meet current bills and expenses. to
pay the bills and expenses out OF the
general State funds and that the
State Treasurer is taking no respon-
sibility in honoring such warrants.
The opinion follows:
Hon. William ID. Denney,
Governor Of the State Of Delaware.
Dover. Delaware.
My Dear Governor:
"You have advised me- that at the
present time. the moneys available
for free public school purposes un-
der the provisions Of chapter g.,
volume 80. Delaware Laws and chap
ter 16. volume 80. Delaware Laws.
are insufficient TO meet the current
bills and expenses Of the free publ C
schools Of the State, And you have
asked my official opinion as 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
came shall be available. from the
several items Of school taxes and
school income enumerated in Sec
ton g. Of Chapter IA, Volume 80,
Delaware Laws.
In reply ] will advise you as fol
lows: Chapter 100. Volume 80. Del
aware Laws. approved March 81,
1921. at Section 81. provides that
the General Assembly shall. at each
biennial session, make provision for
the annual payment for the succeed
ing two years. 10 the free publ,
schools OF the State. OF an amount
which shall amply provide for the
items Of the official school budget moi
provided for by the county tax on
personal and real estate. the Income
from the, state school fund, the In
come from tax on personal income
and on corporations the income de
rived from the tax on corporations
and fee received from the operation
Of the said income tax and corpora
fion tax laws Section 63 of tn
came act provides that such appro
Inriations together with certain 9th
or moneys therein specified, shall b
Daid by the State Treasurer In ac
cordance with the items OF the ofiicia
state school budget and with the ar
preparations Of the Legislature there
for. az required by the State Boar
Of Education.
THE official school budget abov
referred to Is set forth in Chapte
a. Volume 80. Delaware Laws. an
proved May II. 1921. and Section
OF this act makes an appropriate
Of two million two hundred thoI
b sand dollars for the school budg
] for each OF the school years begii
ming July /. 1921 and July 1. 1872
payable out Of the tax on real an
personal property, and the incoH
from the state school fund. and q
income from the tax on personl
incomes and on corporations. an
fees received from the operation Z
: said income tax and corporation IA
laws. and corporation franchi.
taxes therein referred to. Section
however contains provision: 'Th'
II the revenue derived from sal
courses shall at any time be insu
5 hcient to supply the funds appr'
priated by this act then the def
b iency or deficiencies shall be mad
: up from time 10 time out OF n
general fund by way OF advance
, and all amounts so advanced out
the general fund shall be repaid
+ the general fund from time to tin
- during the said school years
- money shall be available for tn
8 purpose from the several Items
{ school taxes and school income.
! From the language Of the abo'
proviso. it is clear that the Legisl
ture anticipated that the moneys
2 be raised from the above-mention'
% sources would probably not
available as and when needed, an
D II therefore wisely made provisi'
TO take care Of such a conditi'
should il arise. out OF the gener
fund.
The state Treasurer will be tai
} ing no responsibility whatever
l honoring warrants which are with
the appropriation as set forth In q
school budget law, and paying the