| Show QUESTIONS ON THE SCHOOL LAW A of this city over the signature of subscriber writes as follows to this paper under date of today As there seems to be a lack of anfor mation in the community couo upon many points pertaining to the school lawi and as many of the districts are now holding rne meetings tings for the purpose of voting on the question ot oi taxation for the erection of of school houses it would seem necessary that they should have a correct on some points and I 1 therefore venture to request you to answer some of the most prominent questions likely to arise for the benefit of a great number of your subscribers 1st ast the law gives the trustees power to maat an assessment each year of one fourt i of one per cent upon all the taxable property in school districts for what tor for what only can this tax bo be used legitimately 8 2 can persons who hive have bought property iu the district since the last assessment was made and are now residing on it be considered property taxpayers and entitled to vote at a school meeting 8 who are entitled to vote at a meeting called by the school trustees upon a question of taxation to build school houses the law says resident nt property taxpayers does this refer particularly to the the names as found on the assessment roll or can camj it be construed to take in other member of a mans family because they mw ma own personal property in their own right and still not be taxed for foi it at tempts have been made in the past to have thia construction placed upon the meaning of the law and hence it would dafer for a great favor it YOU yon would kedly consent to answer these questions ul section 1916 1915 of the compiled laws 1888 which to is section 4 of the school law provides whenever it shall be necessary to raise funds to purchase base build repair or school houses or for other school purposes an estimate of the approximate rox ato shall be made by y the trustees and the rate per cent may ay be fixed ed at any sum sam not exceeding 1 two e per cent per anum annum as shall 4 be decided by a majority vote of the property taxpayers resident in the district t present at a meeting called for t that hat purpose to be assessed and collected I 1 as a special tax upon all the t taxable property in the district here follow provisions for graded schools and respecting the challenge of votes and the thel section closes with this proviso provided the trustees shall have power to assess and collect annually a tax of one fourth of one per cent on all taxable property in the district without calling a meeting for that purpose the inference seems to us unavoidable that the fund arising from the one fourth of one per cent tax which the trustees may levy at their own option is designed to be used for any and all a 11 purposes which a fund might be which resulted from a tax voted by a school meeting it may be used for any school purpose A tax exceeding one fourth of one per or cent can be levied only by by the consent of a school meeting but a tax not exceeding that rate may be levied by the trustees there to is a difference in the authority by which the taxes are levied but no difference in the purposes to which the funds arising thern rom are to be devoted 2 yes the owner of property in a district who ho resides in that district and who will have to pay the tax if one is decided upon has la L a right to vote on the question of taxation his ability to pay the tax is the essence of his right to vote upon the q question a edtion whether it shall be levied or not 3 8 any Auy person in the district who owns property liable to be taxed for school purposes has a right to vote on the question of a tax the fact that tie he nas as not hitherto paid a tax for any purpose d does not aff ct anis he may have last come into the district or have just j a it attained his majority or have just come into possession of taxable property for the first time yet he has the right to vote at a school meeting in one sense it is the property in the district not the people which de aides the question of the tax and the property which must bear the burden of the tax is represented in the school scheel meeting by its owners be they male or female citizens or aliens new comers or old residents to say that the name of a given person must appear on the county tax roll before fore tie he cap can vote at a school meeting is to say that he must pay a counte and territorial tax before he can vote on the ques quest tioff of a school tax what relation is there between a burden he has borne in the past respecting the county and territory and a burden he is liable to be called upon to bear respecting spec ting the school district 41 strict Is it just or pr to say that he must bear the first burden before being permitted to find a voice I 1 in a consenting or ob objecting ahe acting to the latter the section of the law above quoted cOut contains ains the following provision I 1 in case of a challenge of t the h right of any person to vote on said tax the ahe oath of said person as to qualification his tax receipt for the past year or a copy of the tax list showing that said strict person erson owns taxable property in the district shall be received as evidence afi ot such right to vote the phrase we have given in italic means as we understand it thit that any person who swears that he be resides in the district and owns property therein which is liable to bear a portion of ob the burden of the tax proposed is entitled to vote on that proposition the protection of the community lies iles in the fact that should he be swear falsely he may be prosecuted for perjury in conclusion we repeat that as we understand the lit genius and provisions of the school law it contemplates that those who will have to bear the burden it it shall be laid on are the ones to decide whether it shall be laid on or not and every prospective sharer therein is 14 entitled to a vote on the question |
