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derived, and the amount due each school district in the county from each separate source, and shall see that the revenues from the public-school fund are invariably paid to the county and to the school district strictly in accordance with the apportionment made to them." (Sch. L's, 1889, p. 20.)
“The said board [of district directors ) sball make provision for establishing seperate schools for white and colored children and youths, and shall adopt such other measures as they may judge expedient for carrying the free-school system into effectual and uniform operation throughout the State, and providing, as nearly as possible, for the education of every youth.” (Sch. L's, 1889, p. 30.)
The teachers are paid by the county treasurers, on warrants of the district board of directors. (Sch. L's, 1889, p. 38.)
The reports for the years 1885–86 do not sbow the amounts distributed to white and colored schools separately.
“ The levy courts in the several counties of this State are authorized and required, annually, in the month of April, to lay and apportion a tax of thirty cents in the hundred dollars, and so pro rata, upon the assessments of the real and personal property and poll of colored persons, as they shall stand upon the assessment lists of the several hundreds, which shall be set apart as a separate and distinct fund for the support and maintenance of colored schools in this State. The warrant required to be issued to the collectors of the several hundreds shall include the taxes levied under this act. The said taxes shail be collected by the collectors aforesaid, by the same process as other taxes now are, and (they shail] pay over the same as hereinafter directed.
“All moneys collected under this act shall be paid as other taxes to the county treasurer in each county, which he shall keep as a separate fund, and which shall be paid by him to the treasurer of the ‘Delaware Association for the Education of Colored People;' and at the time of each and every payment he shall furnish the association with a statement showing the respective amounts received by him from the different hundreds of his county. The fund arising under the provisions of this act and paid to said association shall be applied to the support and maintenance of colored schools throughout this State, and shall be distributed by said association as follows, to wit: The said association shall take the statement furnished by the county treasurer and distribute to each hundred the amount paid to the treasurer by each hundred, under the provisions of section 1 of chapter 48, vol. 15. And in case there shall not be any school kept and maintained in any hundred during any year, the amount paid in from said hundred shall be retained and held by said association until a school or schools shall be organized and kept in each hundred, when it shall be applied toward the support of such school or schools.” (Sch. L's, 1881, p. 37.)
In 1888 the State also made a direct appropriation of $5,364 for the colored schools, which was $1.50 for each one of the 3,570 colored children enrolled in schools. The number of white children enrolled in 1886 was 29,421; the amount of State appropriation was $60,606.52, or $2.06 for each child enrolled. (See Rep. 1887).
“Provision shall be made by law for the distribution of the common-school fund among the several counties of the State in proportion to the number of children residing therein between the ages of four and twenty-one years." (Constitution, Art. VIII, sec. 7, as found in the Sch. L's, 1885, p. 4.)
“The superintendent of public instruction shall annually apportion the interest on the common-school fund, and the fund raised by the one-mill tax, * authorized by sections 4 and 5 of Article VIII of the Constitution, among the several counties of the State, in proportion to the number of children residing therein between the ages of four and twenty-one." (Sch. L's, 1885, p. 8.)
The county board of public instruction is required “to apportion moneys to the different schools in proportion to the average attendance of pupils : Provided, That reasonable exception may be made in favor of small schools in neighborhoods where the number of youth who should attend is small and their average attendance at school ranges high.” (Sch. L's, 1885, p. 10.)
The county board of public instruction are also required “to locate and maintain schools in every locality in the county where they may be needed, to accommodate, as far as practicable, all the youth between the ages of six and twenty-one years during not less than three months in each year.” (Sch. L's, 1885, p. 9.)
The school reports of 1889 and 1890 do not contain tables giving the appropriations for white and colored schools separately.
* The one-mill tax fund is now retained in the counties. (p. 24.)
“It shall be the duty of the State school commissioner to disburse the commonschool fund in the following manner: He shall annually apportion equitably the State school revenue to the different counties of the State upon the basis of the aggregate of children between six and eighteen years of age in each county. After the alinual apportionment of the State school fund has been made, and when the county school commissioner of any county shall give official notice to the State school commissioner that the common schools of his county are within three weeks of closing, the latter named officer shall execute an order on the tax collector of the county in favor of the county school commissioner for the quota of the common-school fund apportioned to the county, signing the order officially and affixing thereto his seal of office, and transmit the same to the county school commissioner.” (Sch. L's, 1889, p. 7, sec. 8.)
“The State school commissioner shall send the notice of apportionment to the tax collector of each county as soon as the apportionment is made, and it shall be the duty of the tax collector to retain in his hands, of the taxes first collected, a sufficient amount to pay the sum mentioned as the county's quota in the notice of apportionment, and to pay the same to the county school commissioner as soon as the order of the State school commissioner is presented. (Ibid., p. 7, sec. 9.)
“The academic and calendar or civil years shall be coincident, and it shall be the duty of the school commissioner, by the 15th day of January of each year, or as soon thereafter as practicable, to communicate.to the county board of education of each county an approximate estimate, computed upon the same basis as that mentioned in section eight of this act, of the pro rata part of the State school fund falling to said county for that year, and as soon thereafter as the county board shall communicate satisfactory evidence to the State school commissioner that arrangements have been made by them, by taxation or otherwise, for continuing the common schools, free to all, in operation for at least three months in the year throughout the entire county, as hereinafter provided, said county shall be deemed and held entitled to draw her proportionate part of the State fund throngh the appointed channels whenever said fund is ready for distribution.” (Ibid., p. 18, sec. 3.)
“The apportionment of the State school fund required by the eighth section of this act shall be made by the State school commissioner each year by the first of July, or as soon thereafter as practicable, and when the funds drawn under that apportionment, as well as any other school funds raised by local taxation, are placed in the hands of any connty (school] commissioner, he shall be holden for all amounts so received upon his official bond as treasurer, and shall disburse the same only upon the order of the county board of education, and the said county commissioner shall not be entitled to compensation for receiving any school funds but as provided herein.” (Ibid., p. 19, sec. 42.)
“It shall also be the duty of said [county] board of education to make arrangements for the instruction of the children of the white and colored races in separate schools. They shall, as far as practicable, provide the same facilities for both races in respect to attainments and abilities of teachers and length of term-time; but the children of the white and colored races shall not be taught together in any common or public school of this State.” (Ibid., p. 11, part of sec. 21.)
The school reports for the years 1887-1890 do not show the amounts paid to white and colored schools separately.
“The superintendent of education shall, on or before the first day of July in each year, ascertain and estimate for the school year the pro rata sbare each child will be entitled to, according to the whole number of children between the ages of six and twenty years in the State, and the proportion thereof each county and each school district will be entitled to according to the whole number of such children residing in each county and each school district respectively, as shown by the returns of the county superintendent. If at the time of making such estimate and apportionment the census returns of the superintendent for any county have not been made to him, he shall use the census returns made for the previous year. It shall be the duty of the auditor to furnish the superintendent of public instruction such data as may be needed in making said estimate and apportionment. It shall be the duty of the superintendent of public instruction, on or before the first day of July, to file a copy of said estimate and apportionment with the auditor, and to inform each county superintendent of the amount to which each school district of his county will be entitled. Whatever difference may exist between the estimated and the actual revenue of the school fund for any school year shall be taken into the account of the estimate and apportionment for the succeeding school year.” (Sch. L's, 1886, p. 8, sec. 8.)
"The county superintendents shall pay the teachers their salaries direct, upon the certificate of the trustees that the school has been taught.” (Sch. L's, 1886, p. 28, sec. 21.)
"Colored school trustees for each colored school district shall be elected at the same time and in the same manner that white trastees are elected: Provided, however, That no tax shall be levied upon the property or poll, or any services required of any white person for the benefit of a school for colored children, and no tax shall be levied upon the property or poll, or any services required of any colored person for the benefit of a school for white children. And no colored person shall be allowed to vote for a trustee of a white school; and no white person shall be allowed to vote for a trustee of á colored school. It shall not be lawful, under any of the provisions of this act, for any white child to attend any common school provided for colored children, or for any colored child to attend any common school provided for white children.” (Sch. L's, 1886, p. 49, sec. 3.)
“By act of April 24, 1882, the annual 'capitation tax of one dollar on each male colored person above the age of twenty one years,' for the benefit of the colored schools, was repealed by the general assembly. In view of the tax being confined to the colored people, although exclusively for the benefit of the colored schools, it had been pronounced unconstitutional by the United States district court. The abolition of this tax, which had been the most fruitful source of support to the colored schools, was the main cause of the reduction of the auditor's estimate of $41,644.52 for the school year 1882, to $12,007.78 for the school year 1883, which alone, not deducting the contingent expenses of the department, would have yielded a per capita of only $0.13. Just at this crisis the act levying an additional 'tax of two cents on each one hundred dollars of property in this Commonwealth subject to taxation for State revenue purposes,' for the benefit of the common-school fund, equalizing the per capita and the school ages for the white and the colored school children, was submitted by authority of the general assembly to the qualified voters of the Commonwealth for their ratification or their rejection. The act was confirmed by the people at the polls." (Sch. Rep., 1886, p, 2.)
The apportionments have been as follows:
In 1885, to the 514,167 white children of school age, $796,958.85; to the 97,839 colored children of school age, $151,650.45, or $1.55 to each white and colored chill. In 1886, to the 524,274 white children, $865,052.10--$1.65 for each; to the 99,654
" '$ colored children, $164,429.10–$1.65 for each. (Sch. Rep., 1886, pp. 21, 22.)
In 1888, to the 549,592 white children, $1,044,224,80_$1.90 for each; to the 107,144 colored children, $203,573.60—$1.90 for each.
In 1889, to the 555,822 white children, $1,139,435.10–$2.05 for each; to the 109,518 colored children, $223,773.90–$2.05 for each.
In 1890, to the 565,451 white children, $1,215,719,65--$2.15 for each; to the 111,355 colored children, $239,413.25-$2.15 for each. (Sch. Rep., 1888–89, Statis. Tables.)
“ The State superintendent of public education shall quarterly, on the first Monday in March, June, September, and December, in each year, apportion the funds appropriated by the general assembly for the support of the common schools of the State, among the several parishes of the State, according to the number of children between the ages of six and eighteen years in each parish: Provided, however, That all the poll tax collected in any parish shall be appropriated to said parish. The amount so apportioned shall be paid by the State treasurer to the school treasurer of each parish upon the warrant of the State superintendent of public education.” (Act No. 81, 1888, p. 11, sec. 53.)
"The parish board of directors” shall apportion the school fund to the several dis. tricts in the parish in proportion to the number of persons in the district between the ages of six and eighteen years, and shall determine the number of schools to be opened, the location of the schoolhouses, the number of teachers to be employed, their salary; and the said school board is entrusted with seeing that the provisions of the law are complied with.” (P. 2, sec. 7.)
“The parish treasurer in every parish (the parish of Orleans excepted) shall be and is constituted the treasurer of all school funds apportioned by the State to such parish, or raised, collected, or donated therein for the support of the free public schools; he shall receive and receipt for all such funds to the treasurer of the State, and to the collector of parish taxes." (P. 12, sec. 56.)
“ Said treasurer [of the parish] shall pay out the school funds intrusted to his charge only on warrants drawn by the president and countersigned by the secretary of the parish school board, and shall state against what school district fund it was drawn, which warrants shall be drawn by these officers only in virtue of appropriations regularly made by the parish board." (P. 12, sec. 59.)
The school reports for the four years 1886–1889 do not show the amounts expended for white and colored schools separately.
“SECTION 1. It shall be the duty of the board of county school commissioners to establish one or more public schools in each election district for all colored youth between six and twenty years of age, to which admission shall be free, and which shall be kept open as long as the other public schools of the particular county: Provided, The average attendance be not less than fifteen scholars.
“SEC. 2. Each colored school shall be under the direction of a special board of school trustees, to be appointed by the board of county school commissioners, and shall be subject to the saine laws for its government and furnish instruction in the same branches as the schools for white children.
“SEC. 3. The comptroller shall apportion the sum appropriated for the support of the colored schools of the several counties and the city of Baltimore in proportion to their respective colored population between the ages of five and twenty years, said apportionment to be made at the time he apportions the levy for the white schools.
“Sec. 4. The total amount of taxes paid for school purposes by the colored people of any county, or in the city of Baltimore, together with any donations that may be made for the purpose, shall also be devoted to the maintenance of the schools for colored children." (Scb. L's, 1874, p. 27.)
“As soon as the comptroller shall have received from the city of Baltimore and the several counties returns of the amount of the State school tax levied in each county and the city of Baltimore, he shall immediately thereafter apportion the amount of the whole levy to the several counties and the city of Baltimore, in proportion to their respective population between the ages of five and twenty years. (Sec. 5, p. 28.)
In 1888–89 the amount of the State school tax appropriated for the 226,806 white children was $405,001.02, which was $1.78 for each white child; the amount appropriated for colored children was $113,049.77, which gave $1.72 for each one of the 63,409 colored children. It is not shown whether any part of the free-school and academic funds was given to the colored schools, but it appears that none of it was 80 bestowed. (Sch. Rep., 1889, p. XLIX.)
The legislature enacted in 1888 “that the sum appropriated to colored schools shall be raised from $100,000 to $125,000 : Provided, That if the amount paid into the treasury on account of the tax for public schools shall not amount to $125,000, then the amount distributed to colored schools in excess of $100,000 shall only be the amount paid into the treasury from said tax in excess of $500,000.” (Sch. Rep., 1888, p. X.)
The amount appropriated for the 226,806 white children in 1887–88 was $398,744, or $1.76 for each child; the amount appropriated for the 68,409 colored children was $98,016.12, or $1.43 for each child. (Sch. Rep., 1888, p. LXIV.)
"All school funds shall be divided pro rata among the children of school ages.” (Art. 10 of Const., sec. 10.)
“The school board shall have full power to lay off or alter the school districts of the county, and they shall make separate districts for the two races. In each district thus established, one school shall be maintained for at least the constitutional period of four months in each year.” (L's, 1890, p. 16, sec. 40.)
It shall be the duty of the county treasurer “ to receive and receipt for all moneys on account of school funds of the county; to pay money out of the common-school fund upon the order of the county superintendent of education, approved by the board of supervisors, except in case of teachers' warrants, which shall be paid upon approval of the superintendent aforesaid, upon the warrant of the clerk." (P. 23, sec. 72.)
“The auditor of public accounts shall annually, on the second Monday in July and January, or failing therein, as soon thereafter as practicable, distribute among the several counties of the State all the common-school fund available for that purpose, said distribution to be pro rata, according to the number of educable children in each county, respectively." (P. 22, sec. 70.)
The school report of 1888–89 does not show what proportion of the $300,000 distributed by the State was used for the colored schools; but of all receipts from State, county, and city taxes, poll taxes, and other sources, the colored teachers received $341,562.86, and the white teachers $589,400.44. The number of colored children enumerated was 272,682, and the number of white children was 191,792.
“The State superintendent of public schools shall, annually, in the month of July, apportion the public-school fund applied for the benefit of the public schools among the different counties upon the enumeration and returns made to his office, and shall certify the amount so apportioned to the State auditor, also to the county clerk of each county, stating from what sources the same is derived, which said sum the several county treasurers shall retain in their respective county treasuries from the State fund; and the county clerks shall, annually, during the month of August, according to the enumeration and returns in their offices, proceed to apportion the school funds for their respective counties; and no district, city, or town which shall have failed to make and return such enumeration shall be entitled to receive any portion of the public-school funds; and in making such distribution each county clerk shall apportion all moneys collected on the tax duplicate of any district for the use of schools to such district, all moneys received from the State treasurer, and all moneys on account of interest of the fun is accruing from the sale of section sixteen, or other lands in lieu thereof, to the district schools in the Congressional townships and parts of Congressional townships to which such land belonged, and all other moneys for the use of schools in the county and not otherwise appropriated by law, to the proper district; and he shall, immediately after making such apportionment, enter the same in a book to be kept for that purpose, and shall furnish the district clerks and those of cities or villages, as the case may be, each with a copy of said apportionment, and order the county treasurer to place such amount to the credit of the district, city, or town entitled to receive the same: Provided, further, That no district, city, or town that shall have failed to afford the children thereof the privileges of a free school for at least six months during the year ending the 30th day of June previous to said distribution, provided a tax of forty cents on the one hundred dollars assessed valuation together with the public funds will maintain the same, shall be entitled to any portion of the public school fund for that year,
“The county court of each county shall, at its August term in every year, apportion the county public-school moneys among the several districts in the county, according to the enumeration of the pupils resident therein.” (Sch. L's, 1889, secs. 8064, 8065.)
“The county treasurer in each county shall be the treasurer of all moneys for school purposes belonging to the different districts until paid out on warrants duly issued by order of the board as authorized by this chapter, except in counties having adopted the township organization law, in which counties the township trustee shall be the treasurer of all school moneys belonging to the township, and be subject to corresponding duties as the county treasurer. (Sec. 8072.)
“Separate free schools shall be established for the education of children of African descent; and it shall hereafter be uulawful in the public schools of this State for any colored child to attend any white school, or for any white child to attend a colored school.
“When there are within any school district in this State fifteen or more colored children of school age, as shown by the last enumeration, the school board of such school district shall be, and they are hereby, authorized and required to establish and maintain within such school district a separate free school for said colored children; and the length of the school term for said colored children and the advantages and privileges thereof shall be the same as are provided for other schools of corresponding grade within such school district, and the board shall in all cases conduct, manage, and control said school as other schools of the district are conducted, 'managed, and controlled; and all indebtedness incurred by said board in providing suitable buildings, employing teachers, and maintaining said school shall be paid for out of the appropriate funds of the district upon warrants ordered and issued in conformity with the provisions of sections 8016 and 8017 of this chapter: Provided, There be no school building in such school district for said colored children, the board shall be and they are hereby authorized and required to rent suitable buildings and furnish the same, and all expenses necessarily incurred shall be paid out of any funds to the credit of the building or incidental fund of such school district. Should any school board neglect or refuse to comply with the provisions of this section, such school district shall be deprived of any part of the public funds for the next ensuing school year.
“When the number of colored children of school age residing in any school district, as shown by the last enumeration, shall be less than fifteen, they shall have the privi