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Public School Fund to be used "for the payment of teachers' salaries and for furnishing free text-books." The State Treasurer may use it for the purchase of free text-books; 84 the districts for teachers' wages and for no other

Objects

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Requisitions for
Participation

A district must meet two classes of requisitions in order to receive its share of the School Fund.86 First, it must maintain a schoolhouse satisfactory to the county school commissioners from a sanitary standpoint; second, it must raise a local tax of a fixed amount. Every white district in New Castle county or Kent county must raise by subscription or taxation $100 in order to receive its share of the School Fund; every white district in Sussex county, $60; every colored district in Newcastle or Kent counties, $50; in Sussex county, $30.86

84 Hughes, School Law, 1898, p. 30, Sec. 22}.

85 Ibid., p. 39, Sec. 27.

86 Ibid., p. 9, Sec. 4; p. 41, Sec. 27.

CHAPTER XVI

DISTRICT OF COLUMBIA

The District of Columbia possesses no district permanent common school fund. In 1826 the City of Washington provided for investing as a permanent fund $40,000 raised by lotteries (181226). The purpose of the first lottery, November, 1812, had been to establish two public schools upon the Lancaster system. By the legislation of 1826 this fund was diverted from its orignal purpose and "appropriated, solemnly pledged and set apart for the purpose of encouraging two charity schools, one in the eastern section and the other in the western section of the city." 87 "Congress has turned over from time to time single lots or buildings or authorized the sale of certain lots, the proceeds to be applied to the school funds, but there has never been a permanent school fund in the District of Columbia derived from the sale of public land.” 88

87 Barnard, Special Report, pp. 25–76, issued by U. S. Dept. of Education, reprinted Barnard, American Journal, Vol. 19, 1869, pp. 49-77.

88 Extract from personal letter, Sept. 21, 1906, from A. T. Stuart, Director of Intermediate Instruction, Washington, D. C.

CHAPTER XVII

FLORIDA

STATE SCHOOL FUND

The permanent common school fund of Florida, formerly entitled School Fund or Common School Fund, now officially known as the State School Fund,89 consisted in 1905 of Title. Condition, 1905 $1,085,367, invested chiefly in state and United States bonds 90 and of 114,085 acres of unsold common school lands 90 valued at ($3.00 per acre) $342,255. Adding these two amounts we get for the estimated prospective value of the fund, $1,427,622. In 1905 the total common school revenue of the state, derived from all sources, amounted to $1,473,191.80.90 The portion of this actually derived from the interest on the State School Fund was $33,632,00 approximately two and three-tenths per cent (.0228*) of the total common school revenue. The state makes annual appropriations "for payment of interest on state bonds, held by the educational funds of the state as permanent investments." In 1905 this appropriation amounted to only $18,047.01 90a

"In December, 1835, while Florida was still a territory, 'the register of the land office was charged with the duty of selecting and securing the various lands granted by ConOrigin gress for schools, seminaries and other purposes.' By act of March 2, 1839, three school trustees were ordered to be chosen in each township. Each was to have the care of the sixteenth section lands in his township, lease the same, and apply the rents or profits for the benefit of the common schools." 93

* Computed.

89 Fla. Constitution, 1885, Art. XII, Secs. 4, 5.

90 Statement received Feb. 24, 1907, from W. M. Holloway, State Supt. Public Instruction of Florida.

90a Laws 1905, June 5, Chap. 5477.

93 U. S. Bureau of Education, Circular of Information, No. 7, 1888, p. 20, note 2,

Florida received 1,053,653 acres of sixteenth section lands9 from Congress upon her admission as a state, March 3, 1845.91 The first constitution adopted that same date provided in very general terms for the establishment of a permanent school fund.92 The care of the sixteenth section lands and the establishing of the funds was intrusted to the townships, it being originally expected that these lands should form the basis of local town funds.

From 1839 to 1850 many acts were passed regarding the fund, but the results of these were so slight that they do not call for a consideration in a summary statement. "It was not the original intention that the sixteenth section lands should be sold and merged into a common fund; but rather that by rental, or interest on the purchase money, if sold, such section should confer its benefits upon the township alone to which it belonged. . . . But as far as can be learned only one township ever organized to get the benefit of the act.93

"The legislature therefore directed that the lands be sold and the fund consolidated," i. e., placed under state control.94 The indifference of the towns and their failure to establish such funds led the legislature to enact in 1848 94 that the land be sold by the Register of Public Lands, and the proceeds paid into the State Treasury for the establishment of a permanent state common school fund.93

Loss

It has been impossible thus far to learn what the value of the principal of the State School Fund was in 1860. In that year, however, Florida gave her school and seminary funds to the governor in exchange for certificates of the indebtedness of the state to each fund.95 The result was that Florida expended the cash principal of her Common School Fund for arms, ammunition, and other objects, and at the close of the Civil War the only portion of the School Fund remaining was about 600,000 acres of unsold school land.96

91 Report U. S. Commissioner of Education, 1892-93, II, p. 1283, Table Land Grants.

92 Fla. Constitution, 1845, Art. X.

94 Laws of Fla., 1848, p. 34, Chap. 230, approved Dec. 28, 1848.

95 Resolution No. 4, Laws of Fla., 1860-61.

98 Sheats, Wm. N., Digest of the School Laws of Fla., 1897, Secs. 13, 15; Constitution of Fla., Art. XII, Sec. 4, amended 1894.

At present (1897) five sources for increasing the principal of the State School Fund are provided by law: 96 (1) The proceeds

Present Sources

of Increase

of all lands that have been or may hereafter be granted to the state by the United States for public school purposes; (2) donations to the state when the purpose is not specified; (3) state appropriations; (4) proceeds of escheated property; (5) twenty-five per cent of the sales of public lands which are now or may hereafter be owned by the state.

The State School Fund is managed by the State Board of Education.96 The revenue is apportioned by the State Superintendent Management and of Public Instruction "among the several counties Apportionment of the state upon the basis of average attendance therein of children of school age" (six to twenty-one).97

The law does not specify the objects to which the income of the State School Fund may be applied. The joint income of the State School Fund, the one mill tax, and the county Objects of Application poll tax apportioned to a county, constitute the county school fund.98 The necessary expenses of maintaining the schools in any county during any year shall constitute the first claim against the school fund of that year, but the income of the county school fund may be used to purchase real estate or to erect school buildings.99

Requisitions for
Participation

(1) In order to avoid forfeiting its share of the state public school revenue, a county or district must maintain such school or schools as the available funds will support and must complete its proper term of school before the terminus of the school year; 100 (2) county schools failing to hold full session must make up such lost time within the next school year or forfeit their apportionment; 100a (3) aid will not be granted to any school (high school or rural graded school) until the County Board shall have appropriated for such school an amount which will, with the state aid applied for, maintain the school for eight months or 97 Ibid., Sec. 33, Rev. Stats., Sec. 133.

98 Constitution of Fla., Art. XII, Sec. 9.

99 Sheats, Wm. N., Digest of the School Laws of Fla., 1899, p. 41, Sec. 116. 100 Sheats, Wm. N., Digest of the School Laws of Fla., 1899, p. 42, Secs. 119, 120. 100a Laws of Fla., 1905, May 31, Chap. 5386.

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