Indiana State sentinel. [volume] (Indianapolis) 1841-1853, 1852-09-02

election BY persons designated would
ben sPsesd Congress would posses no power to the
ose The genemsn himself would have no dfeuIr IL de-
emining this properly, if it transaction between
Of land which spalats convey him. b. however
Onveys to c. with notice Of As equity would no. the courts
omPel c. TO convey the land TO Il would have made no
ted the inhabitants of this particular township the trustee
nut it did not do merely authorized selection Of other
disposed and the land designated PASSED
Congress the gath May 1879 unnecessary uperu
rus and void That act was entitled an act TO me
appropriated Of schools in that State and the act
eseen,sS Of the united Stale, o mec. in Congress
sembed that the Legislature of the State Of Indiana shall
md is hereby authorized to sell and simple all or
any part of the lands heretofore reserved and appropriated by
the arising from the sale thereof in some productive
ndbe proceeds of which shall be applied under the
direction Of said legislature for the and support OF schools
bev Were oTsaay reserved and SET sps and for no other
purpose Provided land any part
thereof shall in be sold without the consent OF the
inhabitants of such township district to be obtained in such
the Legislature Of said State shall by direct and
funds each township and district aforesaid shall be entitled
to such part thereof and MORE az shall have accrued
school lands belonging to SUCH township or district 1t viii
perceived that in this The words rssrsd aud drpopd
the the undoubtedly
Suestion) that if the snas had been previously s%sd they
had no further jurisdiction Of the subject and the whole act
more than anil aPPcra these lands whereas nave ave
of 1916 ITSELF that nothing short of grant either in
tended effected and when Congress undertook to exercise an
Of the containing the grant, and impose
snboty and uurned control beonrnr To the state only
BY the act Of 1916 Congress stipulated for certain conditions
those conditions were complied with the grant was executed
and the whole subject matter passed from the jurisdiction OF
CONGRESS fully completely and forever The gentleman rom
sovereignty and State rights that the state surrendered to
% emu waen congress makes g1S s o. pup
question this and if Congress had aanSrsd to the grant the
have had perfect right 10 do So and If accepted by
ITSELF but she did not do she made the grant without
any such conditions. limitations; and twelve
the same right to devise am entire school system
provide that the funds should be employed for the support of
other to dictate the IN which the State should
apply the funds which che held for the and vital object of
would great public wrong. whether
the of 1928 induced BY joint resolution Of the Indiana
Legislature not If hold deed in fee simple from the
ieman from Monroe and get an erroneous notion into my
another it amounts TO nothing The subject most probably
had been thoroughly examined doubts had arisen and
than an adudead decision and the Of the State
cannot be set up as an estoppe the act of 1923 appears only
tolerated until had the
utter absudty and injustice Of it, and the State Constitu
ton had already explicitly declared that the the
STATE there equity in the rule attempted TO be laid down
in that act The price of the lands granted by the act of 1916
the exemption Of the public lands the United States from
taxation for limited period after se this increased the bur
oceasoned in the State made by increased tax
alton of all the persons and all the property in the State alike
of education, if her sixteenth section happened to be
derstion) nothing sixteenth section happened be
and such do exist IL this inequality fully
thing like efficient school fund.- that induced the Consttu
ona Convention of 1850 to frame the article in our present
Constitution The enormous expense attending the manage
of the complicated which had been tried and the
ZION of the State and given TO officers for keeping multitude
and accounts sdaa 10 tne act
exhibited large and notifying increase of ignorance in
the State made apparent that something must be done
make the of education $50 far the province Of
,on 10 the funds the following section ec ID article
1.-The school fund shall consist Of the congressional
township fund.- and the lands belonging thereto the surplus
& % al bs niber oinds 10 scboI
@ d ths an econ nroyid ibsf tbe nTincin Of tSs
school fund shall remain perpetual fund.- which
thereof shall e nvo,ab spproprsted to the support of
schools, and other purpose whatever Where do
township separate and distinct fund.- On the contrary
bd @ ali meed n,o one fnS To be S
school fund.- and directed be applied purpose
the legislature consolidate all the other funds OF the
order make his argument Consistent he ought not to have
admitted hs for If the State is he insists estopped by
legislation in surplus revenue saline,
and bank tax funds for she has heretofore these to
distribution they have had the entire
interest for the support Of Schools The eoasa Of iegsation
therefore, pursued in relation to the congressional township
fund peculiar but corresponding with the legislation
the to all other school und and is
when the gentleman found much comfort the 4h
on the 9Th article of the present Constitution completely
and forever putting at rest attempt to consolidate that he
did also apply the surplus and other funds II
would have been convenient those counties which,
these funds which population not TO-
claim that the Constitution has provided that diversion of
stons which received dollar
funds shall be forever preoluded from all equitable pacp
ion in them
The gentleman says: confess
9Th article Of the Constitution would convey the i'm
preston that was The intention Of the trainers OF that nstru
ment to consolidate these funds I"
doe. certainly seem very much like it, and that is
natural when does not thing else but the gentle
that the impression conveyed BY the ID section de-
General Assembly shall invest in safe and profitable
all such portions OF the school fund
heretofore been entrusted the countless and shall
make by law for the among the several
The House wilt perceive the school fund.-
scrbed in the 9Th article Of the Constitution embraces many
for example the county seminary ndshe fund to be de
swamp lands &c. &c. The object Of the Constitution
direct the Legislature to make safe and profitable investment Of
of schools not distributing the capital of those funds but
when they had been recspuated the I'd section already it
merely describes them the portions OF the school
ed granted to the countesbu conded to them
for SAFE and profitable investment and subject at all times
Constitution than the common school fund should be active
AMPLE power 10 invest ali these funds in the absence OF anT
constitutional direction do it thought advisable
to leave important matter legislative discretion merely
The gentleman TO think there be consolidation
nn n ao go rH eaP 81 o s from Inc
cOnsoates the funds the Constitution does but docs
il il safely and protaby Invest
ed where thsy there be necessity for their
elsewhere the contrary the Auditor of State directed
the bill continue the distribution Of the bank tax and saline
fund to the several Counties annually IT is the these
together Of other portions of common school
fund.- which the bill proposes TO apply equally in all the
ties in proportion to the number of children within the
prescribed BY law; and is remarkable fact that the whole
which have for been enjoying the OF funds
which they have lawful claim, TO the dsadvan-
spent about two weeks during the present session preparing
comparative statement Of the distribution Of the surplus