Iowa capitol reporter. [volume] (Iowa City, Iowa) 1841-1855, 1847-08-25

3ssSSssOA
ferred. There is an entire unanimity Of
oplnioa on this subject, as far as we have
been able to ascertain by consultation and
reference. And this opinion Of our first
legal men i confirmed by former decisions
Of the highest Judicial authority. Perhaps
more thar dozen cases were incidentally
produced before the Supreme Court Of
this Stsse during its late session at Iowa
City.
! suppose. therefore, that common sense
the opinion Of legal men. and the uniform.
ity Of sssndard works should put this
question at rest. Your official acts will
be firm n law and binding in effect, for
which you and your securities will be re-
sponsible. even il it shall be shown thar
the Secretary Of State had no authority
from the Legislature to publish the school
law; if this want Of authority should rem
der his act nullity and if your election
should be made appear invalid.
We have shown, thus far, that you did
not foist yourselves into Office; that you
have been elected by your fellow citizens
to the stations you occupy; that this man.
Hesitation Of their good pleasure has been
expressed in legal way; that the laws
under which you act are supposed 10 be
constitutional, that the design of the con
stitution has been complied with in the
publication of these laws-no individual
having been called on to obey these laws
before he knew what they were; that your
acts will be valid if your election was not;
that you and your securities will be re-
sponsible for faithful discharge of your
duties; that you will not in the discharge
Of the duties Of your offices endanger the
interests of the State; that, consequently,
the question now before the courts Of our
State, is nothing but question Of office
gotten up and prosecuted by few aris-
tocrats Of this city, who are deeply morti-
lied 10 see an intrusion made on their roy
al order, by an humble individual, strug-
CLING into notice from obscurity, sanction
ed by the voice of sovereign people Gin
tones of seven fold thunder!!''
Then what reason have you for further
delay? suppose you have none. would
then have you remember that the present
school law, is the only law now in force;
that it repeats all other laws on this sub.
ject; and that under it provisions it will
be the duty of the district directors to
make their report on the first of Septem.
Der TO the township inspector-of the in
spectors, Oh the first OF October, 10 the
school fund commissioners Of their respec.
tive counties; and of the fund commission
ers, on the first Of November, 10 the su-
perintendent of public instruction.
Unless you do this, you will be unable
to draw, for your districts, even the school
tax, they themselves pay into the treasury
or any portion Of the interest Of the per-
manent fund that may be on hand
You should also remember that you are
sworn officers; but few it any Of you were
elected in consequence of your political
views. Your election to office is suppos-
ed TO be in consequence of your ability
and merit. You are supposed, by the peo-
pie who elected you, to stand above party
clamors. Your faith has been plishted
before men and in the sight of Heav en-, for
a faithful discharge of your official duties.
The school laws Of the State are placed
into your hands for execution. The edu.
catlonal interests of her sons and her
daugters are entrusted 10 your care
Your action will, to some extent, decide
the character of coming generations. You
now control the elements that will fix the
destiny Of your State. Are you about to
prove recreant to the trust? Are YOU
willing TO rob the people Of the school tax
they are about TO pay into the treasury !;
the children of the State OF the means of
instruction Tor the coming year-and some
OF them, perhaps, for life? Are you will
ling TO sap the foundation Of our free in
stitu,ions, which depend for their stability
on the intelligence and virtue of the peo-
pie? Or are you ready to enter on dis
charge of your duties with zeal and vigor?
If any doubt your right to the offices
you now hold, it becomes mere question
Of office, and they have their remedy. II
they file their bills of quo warranto, and
GUST you from office, then, and not till then,
you will be released from official obliga-
ton. But while you hold these offices,
you have no discretion but to proceed in
the discharge of the duties ofyour official
stations.
But, you may inquire, il the Superin-
tendent is thrown out of Office, can we pro-
coed? lanswer that this question cannot
be finally disposed Of, adversely, before
the first of January next. Then the super
intendent will have received all your an
nual reports, and will have made his last
report for the year. Then, and not TIL
thon, you will find me tacili,r,ine its final
decision, that The people Of the State may
bave an opportunity, lfdecided adversely,
to reverse IN my case, should they think
proper, their former vote. For one, |
have no desire for the honors aud distnc-
tions even OF the first office in the gift of
the people Of sovereign state, unless tree
ly conferred by majority of my fellow
citizens. And even after having received
that majority, OH the presentation of this
difficulty, would have declined farther
action, If could have done SO without ,y-
lug the hands OF all the other officers Of
the school System, and thus become