62 JOURNAL OF PROCEEDINGS [Jan. 18,

the Court of Appeals, will have upon the Treasury, and
what legislation, if any, will be necessary in order to enable
the Treasurer to carry such decision into effect, if affirmed by
the Court of Appeals, " I have the honor to report to your
Honorable Body, that said decision is to the effect that all
payments made from the revenue derived from the public
school tax, from the year 1865 to the present time, to the State
Board of Education were improperly made from said revenue,
but that the same should have been made from the revenue
derived from other sources. The several payments made to
the State Board of Education in pursuance of the provisions
of the Act of 1865, Chapter 160, providing a uniform system
of free public schools in the State of Maryland, which Act
also provides the sources of income for the support of such
free public schools, and the several Acts amendatory of that
Act, commencing with the year 1865, to the present time,
aggregate the sum of $3, 204. 38. These payments were
directed to be made by the 4th Section of the 2nd Chapter of
the said Act of 1865, Chapter 160, Section 3, of Chapter 3,
of the Act of 1870, Chapter 311, and Section 3 of Chapter 3,
of the Act of 1872, Chapter 377.

Said decision is also to the effect, that all payments made
out of the revenue derived from the public school tax, for
and on account of the State Normal School, prior to the pas-
sage of the Act of 1868, Chapter 407, were improperly made
from said revenue, but that the same should have been made
from the revenue derived from other sources These several
payments aggregate the sum of $37, 195. 77.

Said decision is also to the effect, that the free public
colored schools established in pursuance of the provisions of
the Act of 1872, Chapter 377, providing a general system of
free public schools for the State of Maryland, which Act also
provides the sources of income for the support of such free
public schools, are not a part of the system of free public
schools established in this State, and that appropriations
made for the support of such free public colored schools, and
the colored Normal School were not payable out of the in-
come provided by said Act, for the support of free public
schools, but were payable out of the revenue derived to the
Treasury from other sources. The several payments made on
account of said colored schools, amount in the aggregate to
the sum of $450, 000.

The said decision is also to the effect that it was the duty
of the Comptroller on each of the four apportionment days
provided in said Acts, to apportion the whole amount of
school tax in the Treasury, on such day, whether levied for
that school year or not, and that the whole amount is to be