"Said bustees shall appoint thred (5) pep- sona, quallffed votem of the dietriot, who shall hold such election and make returns thereof to maid trustees wIthin five (6) dprs after euah *2 Honorable I1 Fmdeoki, page #2 ry

election, and said persous shall receive aa compensation for their servlaee the sum of one Dollex ($1) eaoh, to be paid out of the looal fuuds of the sahool district where the eleotion was held.”

Prior to itrr amendment in 1941 (Xouee Bill No. 11, Oh. 623, Aata 47th Legislature), this statute prmlded tiat the one dollar compensation to the eleetLon offlolals rhould be paid out of the aounty geueral fuud. However, the amend- ment a ed the statute by providing that such ooupeasation h"tf shall be paid out of the locral fuuda of the oohool district where the eleotlon was held.a This wa6 the only respeet in whiah the statute was changed.

The emergenoy olause of Hmse Bill 20. 11 read8, in part, followsr

*set. 2. The fast tbat the general hnd of the several oounties of thl* Btate is muah de- pleted creates au eaasrgeney * + 0." Artiole 2746a provides that the expenses of printing and delivering the ballots to the pretalding offloer, "together with the other eupenses inoldental to sa3.d eleatiou ehall be pnld.out of the ava.tlable malutenauae fuuds belonglug to the sohool dlstriot In whloh arrid eleotlon is held, or to be held."

Artlale 2740b provider that all expenses In conueation with or incidental to any sohool dlstriat eleation anal1 be paid out of the maintenance fund of maid distritt.

In view of these atatutox-y proviriona there canbe no doubt that the one dollar compeneatlon to offioiale hold- ing 6-n aehool dlatrief trumtee eleotiona should be paid out of the looal funds of the school distrlat#

847 Eononble I. p~edeaki, page #3

Additional oousldePations enteP in, however, when oonsolldated mmmon aahool distriat trustee elections are involved. Articles 2774a (Seatlon 3) end 2808 both provide that offiaisls holding suah eleatlons shall reeelve tro dol- laxwa &I for. euah rerviaes. We quete the last sentenoe 0r seat&on 3 of Artiole 2774s as follows:

*The board of trmsteea of the district shsll appoint three qualified vote- of the district to hold bald eleation aud mske returns thereof in like aLlpner as provided by law for holding eleatlous for tPustees in aosmon school dlr- triata, exee*t that the perrom holding said eleatlon shall eaah roaeive &an the geuenl ~M;fst$e oounty two dolluw a day ,tor 8ueh .

You will uotiae that the artioIe provides tbst persens holding the eleotlon shall reaelve the two dollrrs frapI the general fund of the aouutq. But we bolieva that the muemlmeut in 194.l to Artlole 2746 ahongsd the souPae of paTsmut frca the aounty general fund te the maintummoe fund ot the dtstriat. CUP reamone for this view ace stated am folloust When Artlcrle 2774s wao ensoted in 1930 the general law (Article 2746) pro- vided that the compensation of officlsls holding common sahool dlstriot tnutee eleatlous should be oue dollar and should be ppid fraa the general fuud of the aountI. Therefore, the only dlffereuae between Seation 3 OS Artlale 2774a aud the general lsw in this respeot was the amount of the oompensation - two dollua wlnst one dollaP. If fOllOW8 that the part of Section 3 of Article 2774a providing payment to be vmde from the oouuty general futul wa8 pure surplus. The Intention was declared in Seotion S that the eleotion should be held ae eleotions ~for common sahool dietriot trustees except, elimi- uating the surplus part, that the compensation of election of- fioials should be two doll3rs.

The emergency ~ILUUW of the 1941 amendment statesc "The faot that the general fund of the several, aountiea of this State *4 is muoh depleted + * +." Thie language olearlg ahowe the reason for the &an&e of the eouree of papent from the genera& fund to sohool funds. The luuae reason would apply with equal foroe to the ocnapenaation of pereons holding son- solidated aomon sohool dletrlot trustee elections. We do not think that the amount of eompenea~ion*mentionsd In Seo- tlon 8 (two dollars,) was affeated by the 1941 amendment, for it la &early ahown in the aurgrns~ olau6e that It wa8 not the uouut o? oaupenaatlon that prompted ,the &an@, but, rather, the sourae of payment.

A.r we have mtifore mentieued, th6 intention #a8 shorn in Se@tZon-8 of Ar%ile 8TWa &hat consoUda$ed school distriot tmastee .eleotlonn &ouXd be held ae electioxxe for trusteoa mept thet tht% oompezaeatidn acsntwn a&do1 dlrtrlat should be two,dol&rai ~Xou ,qm, therefore, advised Turk th# one dollar aampbnaation to pertao~ SOP holdin,y[a a31wwn sohool dietriot truetee eleotion and the twu dollara oompenaafion to pereone SOP holding a cohaolidated eQoBon sahool d%.strlat true- tee election should be paid out OS the looal ruadrm of the dis- triot in jhioh suah eleetzon wan held.

Gws-s

O.K.

C.@.R.