Legal Opinion · Dissent

County Board of Education v. Austin

Supreme Court of Arkansas

Decided June 29, 1925Published

1DissentMcCulloch, C. J.

I am unable to bring myself in accord with the views of the majority in holding that the requirement for the payment into the county treasury, for the benefit of the general revenue fund, of the statutory fees for collecting the school fund is unconstitutional as a diversion of funds, within the prohibition of § 11, art. 16, of the Constitution..

The general statutes of the State provide for the payment to the tax .collector 'and county treasurer of commissions out of the school funds, as well as other public funds, for the collection and handling of taxes. Crawford & Moses’ Digest, § § 4594,…

2Cases cited2 opinions

  1. Gray v. MathenySupreme Court of Arkansas · 1898
  2. Independence County v. YoungSupreme Court of Arkansas · 1898

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