| Show CAN MAKE NO deductions attorney general Biho Bisho date of today has sent the following opinion to the county attorney of morgan coonly peterson Poter suni ulal dear sir dir 1 I nave have before me your favor of recent date in which you call attention to section 88 of article 10 of chapter ISO or the laws of 1896 and ask aek to be advised whether he county superintendents superintendent before apportioning the state and county school funds foods to the several district of his county as la is therein provided shall set bet aside other items an amount sufficient to pay the compensation of the county treasurer for the collection and disbursement of said aid fund also calling attention to a oom corn munio muni atlon estion from the state so super perin ln of publio public instruction to your county superintendent of schools gc boole directing that bat no deduction should be made from he abe said school fund on that account while it is true tine that the words worda the treasurer are used in ia said eaid section motion I 1 am inclined to take the tbt same view of the subject as that announced by the state superintendent of public in st ruction the old law provided that the compensation pens pensa atlon tion to te be allowed to the assessor asse asso saor osor aid treasurer tor for collecting the moneys should be deducted before the apportionment thereof ws made by the county superintendent but under the law at that time a different system prevailed from that which must of necessity pro at the prent ent time under unde our C and taws lawa the present law exea the corn pens penea atlon tion of county treasurer tre aurer in a definite sum gum mud and also aleu pro video that it ahall be full compensation for all ser vices of every kind and Ge description it if any charge could be legally made against the bbate and county school fund it would have bave to be in tile the nature or of a fee sad would be required to be vald luto the coubry treasury along with other fee fekei and as an officer he would not be entitled to it for his bla own use and benefit I 1 am unable to discover die cover any provision of law which would authorize any such fee to be charged by the treasurer the law requires him to collect these texes and it being ft a duty abu thus imposed by law it was doubtless uie the intention of the legislature when it if fixed the definite salary as B oom bompensa comp pensa enaa lion for all services performed to in elude clude this among the other official duties dutie in framing this now new law the legle lature evidently copied largely froza the old law wherever its provisions did not co bilot filot with the now new policy adopted adopt eds and in doing so BO it may have been that hat the words the treasurer crept in inadvertently I 1 am of opinion considering oneider log the whole low law upon thio subject together that it was abo intention of the legislature that county should per perform formal all the duties respecting the collection and disbursement disbar ement of the state and county school funds funda under the provided and that bat no extra exira charge should be maus maae against the said bald funds funda tor for this purpose prior to their apportionment by the county superintendent I 1 have the honor to be very respectfully yours A C BISHOP attorney Ue io ueral |
