The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1854-02-20
CIRCULAR.
OEFICE OF Sup. OF Pun. INsTRUcrIoN,(
Indanapo Feb. 1854.

OEAh Ok. mere ure nuineIous ohu nv
quent calls OIL this Office for facts, respecting
the validity of the provision of the School
Law, authorizing the assessment, in cities,
towns, and townships, of Especial tax "for
the purpose of building or repairing school
houses, ard purchasing sites therefor, provid.
ing fuel, furniture, maps, apparatus, libraries
or increase thereof, or TO discharge debts in
Cured therefor and continoiMg schools after
the public funds shall have been expended" ,
Misrepresentation seem to prevail in some
parts Of the State, respecting the effect which
the principle recognized by the Supreme
Court in their late decision on the liquor law
may have on the School law. To answer the
inquiries IN ide, and to correct the msaPpre-
hensiOn existing, We would submit the lol-
lowing statement Of facts: /
The interest OF the Consolidated Common
School Fund Of the State, together with the
avails OF the State tax provided for In the hrst
section of the School Law, would give "nnu'
ally, when distributed TO the cities, towns,
aud townships Of the State in proportion to
the number Of children therein, only about
$50 for every 100 children. This amount Is
wholly insufficient to pay the necessary ex-
penses of Instruction, and also TO buad school ,
houses, in which nearly every township inthe
State is d,.plorably deficient. |
To enable the people to manage their mu'
nicipal affairs as circumstances might require,
and as their own views of expediency might !
suggest, the Legislature, in accordance with
the poxer conferred by the Constitution, en-
acted general laws for the incorporation vi
cities, of towns, and Of townships. By the
law for general and uniform mode Of doing
township business every civil township in
the State becomes ''body polite and corpo-
rate" with the rights, immunties, and lIabli-
tiles OF a corporation. Among the usual, es-
sental, and necessary rights and duties OF
such u corporations, is the raising, by taxa
ton on the property and polls within the cor
porate limits, of u sufficient amount Of reven-
ue for the payment OF all the expenses OF the
corporation. Among the legitimate purpos.
e.. for which the corporation is bound by law
to provide, are the making and repairing of
roads, the support OF the poor, and the educa-
> ton of the children. TIL officers Of the cor
,, poratioD, whether Of the city. town, or town
shin. are required TO establish and maintain q
sufficient number of schools for the education
;. of all children under their jurisdiction. They
have at thir command portion OF the amo Int
: os money required To sustain their education
al institutions, derived from the general dis
. tribution of public funds. Whatever addi-
tionaI amount may be raised by taxation. In
cities and corporated towns the corporation
authorities have explicit power by the School
). Law 10 decide on the amount required, assess
il, aud provide for its collection. In town.
ships, the law for the purpose gilmore deeply
. interesting the active sympathies of the peo-
pie in the cause Of education, provides that
=. the whole body of stockholders in the corpo-
:, rativn-that is, the voters Of the townships
~ may act in the decision Of the question.
No one questions, as we are aware. the au-
i, thority Of the corporate officers OF cities and
= incorporated towns to assess tax for school,
II ny -or rrsAIp rrnsters to assfss sdcn tax,
.. if the Jaw did not require vote OF the people
:. on the question. But it is supposed by some
% that the vote of the people invalidmtes and
renders unconstitutional the assessme and
=. collection OF taxes, wherever such vote is Ia.
ken.
The 'sue has been made in one of the town
SHIPS of tn State. An inju notion was osse ed of
the C:rcui, Court by certain citizens, restrain.
I. ing the County Treasurer from collecting the
township school Ia. assessed under authority
4 Of the l3Oih section % the school law. The
case was appealed to the Supreme Court
We were ready to hive tie case decided a,
the last term. The Court was ready to take
up the case and decide it at once. But the
I persons having the other side i'm charge would
not consent to the submission of the ca sc at
that time. 1t therefore cannot be decided
o until the next session of the Supreme Court,
which occurs in May next. In the meantime
the collections OF school taxes must go on, as
if no question had been raised. > e.'rsr
1t would not be under ordinary circumstan-
: ces proper Tor me to give any expression of
e opinion on the merits OF a case referred TO
the Supreme Court for decision; yet as great
5 m;Sapprehensons exist on the question un-
r der discussion, and in some counties the
), schools are, as fave learned, actually sus.
5 pended on account of this misrepresentation.
+. it may be profitable for me to say that no
) person with whom have conversed. and who
r has examined the question, excep. p. rhaps
: the council OF the prosecuting party, has eX-
pressed any doubt that the law will be sus.
r tanned. The constitutional objection to the
Liquor Law does not at all apply to the
School Law. BY the Liquor Law the same
act might be legal i'll one township, and cr,m.
S inal in another, and the difference would de-
pend on u vote of the people in their sover-
e'gn capacity. By the School Law oues.
ton, not of crime o. of law, but OF municipal
or corporation taxes, is submitted To the town
. ship IN Its corporate capacity. | need not
1 argue this point | only need confidently af.
firm, as | have the best authority for doing,
that the members OF The Supreme Court
themselves look on the Liquor and School
Laws as being wholly Independent: of each !
other. In deciding the Liquor Law uncon-
stitutional, they have decided nothing affect.
ing the School Law. Let therefore the
schools in your neighborhood 90 on. Let the
contracts tor building school houses remain. |
LIE; all things proceed precisely as ir no dec.
sion on the Liquor Law had been made, and
no question OIL the constituticnality of the |
Schooi Law had been raised. Let the PEG.
pie pay their taxes with their usual liberali,y |
and alacrlty. Ii they decline pavment on |