Butt v. Board of Supervisors

Mississippi Supreme Court
Butt v. Board of Supervisors, 62 Miss. 213 (Miss. 1884)
Arnold

Butt v. Board of Supervisors

Opinion of the Court

Arnold, J.,

delivered the opinion of the court.

The determination of the single question, whether or not the poll-tax as collected and disbursed under the laws of the State is a State tax or a county tax, within the meaning of § 466 of the Code of 1880, will dispose of this case. The poll-tax is not among the subjects of revenue expressly devoted by art. 8, § 6, of the constitution of the State to the common-school fund, but by § 7 of that article it is appropriated in general terms to aid the school *217fund. It is a school fund, but is i^t made a part of the common-school fund by the constitution. It is competent for the legislature to provide how the poll-tax shall be collected, appropriated, and distributed, so long as it is not diverted from the purpose of education and the “ uniform system of free public schools ” ordained by the constitution. The legislature has exercised this power by providing in § 469 of the Code of 1880 that revenue derived from this source shall be paid directly into the hands of the county treasurers of the respective counties, or into the treasury of towns, constituting separate school districts, to be used in aid of the school fund and for no other purposes. It is not included in the general distribution of the common-school fund of the State. It is, under existing laws, a county tax for educational purposes, and is a part of the county taxes, including school, bond, and privilege taxes, specified in § 466 of the code, for the collection of which tax collectors are allowed five per cent, on the first ten thousand dollars and three per cent, on all sums over that amount.

Affirmed.

Reference

Full Case Name
V. C. Butt v. Board of Supervisors of Montgomery County
Status
Published
Syllabus
Pot.t.-tav. Whether a State or county tax. Commissions of collector. Section 7 of article 8 of the constitution authorizes the legislature to levy a poll-tax “in aid of the school fund,” but it is not made a part of the “ common school fund” provided for in $ 6 of that article, and the legislature had the power to direct the payment of such tax directly into the county treasuries or treasuries of incorporated towns, being separate school districts, “to be used in aid of the school fund,” as was done in \\ 469 of the Code of 1880, instead of directing it to be paid into tire State treasury and distributed as a part of tbe “ common school fund.” And under these provisions, constitutional and statutory, the poll-tax levied by $ 469 of the code constitutes a part of the “county taxes, including school, bond, and privileges taxes,” mentioned in $ 466 of the code, which prescribes the rate of compensation to the collector for collecting State and county taxes.