182 Ga. 380 | Ga. | 1936
Bacon High School district is a local school district -wherein a tax is levied as provided in the Code of 1933, § 32-1113. The school district brought mandamus to compel the county board of education and the county school superintendent to pay to the secretary and treasurer of the board of trustees of such school district its proportionate share of State educational funds received by the board. The suit does not involve funds derived from taxation in the county or in the local school district. Art. 8, sec. 4, par. 1, of the Constitution of Georgia, Code of 1933, § 2-6901, provides: “Authority is granted to the counties and municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation.” It also designates what the county boards of education shall do with the school funds coming into their hands. It is there provided that such funds “shall be distributed equitably according to the school population, tax values, the number of teachers and their grade of license, among the public schools therein.” Pursuant to that constitutional authority the General Assembly provided that “on the first day of each month the county superintendent of schools of each county shall, under the approval of the county board of education,” transmit to the proper State authorities an itemized statement showing the various amounts due and not paid by the county board of education. When that statement is approved, and the proper requirements fulfilled, the State Treasurer shall pay over to the county superintendent of schools through the State superintendent the amounts due to such county. The county superintendent of schools then “shall promptly disburse the money so received in payment of the sums set out in the itemized statement aforesaid.” Code of 1933, § 32-920. The next section, 32-921, confers power upon the county boards of. education to borrow money when necessary for the operation of the public schools of
The plaintiffs in error complain that the court erred in sustaining the plaintiffs5 demurrer to a portion of the defendants5 answer and exhibit C attached thereto, and in ruling out evidence to sustain that portion of the answer. This raises a question as to the admissibility of a resolution of the county board of education adopted subsequently to the filing of the suit, wherein the county board of education resolved that the one thousand dollar bond previously given by the secretary and treasurer of the school district was insufficient in law, and requiring the said officer to increase the bond to the amount of $9510. The Code of 1933, § 32-1120, authorizes the county board of education, in its discretion, to
Judgment affirmed, with direction.