Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1854-03-03
Tho school Inv.


the workings OF the present school law.
The following from Prof. Larabee is all
we have yet received on the subject.
INDIANAPOLIS, February, 1854.
Dean SIR:-There are numerous md
calls on this Office for facts,
respecting the validity of the provision
OF the School law, authorizing the as
sessment, in cities, towns, and townships
Of special tax "for the purpose Of bull
ding or repairing school houses, and pur-
chasing sites therefor, providing fuel,
furniture, maps, apparatus, libraries or
increase thereof, or to discharge debts
incurred therefor, and for continuing
schools after the public funds shall have
been expended" Misapprehensions
seems 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 made, and to correct
the misapprehensions existing, we would
submit the following statement Of facts
The interest on the Consolidated Com
mon School Fund of the State, together
with the avails Of the State tax provided
for in the first section Of the School Law
would give annually, when distributed to
the cities, towns, and townships Of the
State in proportion to the number Of
children therein, only about IS for every
100 children. This amount is wholly
insufficient to pay the necessary expen-
ses OF instruction, and also to build school
houses, in which nearly every township
in the State is deplorably deficient.
TO enable the people to manage their
municipal affairs as circumstances might
require, and as their own views Of ex-
pediency might suggest, the Legislature
in accordance with the power conferred
by the Constitution, enacted general
laws for the incorporation of cities, of
towns, and of townships. By the law
for general and "uniform mode Of doing
township business" every civil town.
ship in the State becomes "oody polite
and corporate" with all the rights, i'm
munities, and liabilities of corporation.
Among the usual, essential, and neces-
sary rights and duties OF such corpor-
alton, is the raising, by taxation on the
property and polls within the corporate
limits, Of sufficient amount of revenue
for the payment of al the expenses OF
the corporation. Among the legitimate
purposes, for which the corporation is
bound by law to provide, are the making
and repairing of roads, the support OF
the poor, and the education Of the chill
dren. The officers of the corporation.
whether OF the city, town, or township,
are required to establish and maintain a
sufficient number of schools for the edu-
cation OF all tho children under their
jurisdiction. They have at their com.
mand a portion Of the amount OF money
required TO sustain their educational
institutions, derived from the general
distribution OF public funds. Whatever
additional amount may be necessary,
must be raised by taxation. In cities
and incorporated towns the corporation
authorities have explicit power by the
School Law To decide on the amount
required, assess II, and provide for its
collection. In townships, the law, for
the purpose of more deeply interesting
the active sympathies oil the people in
the cause OF education, provides that the
whole body OF stockholders in the cor
poration-that is, the voters Of the town.
ship-may act in the decision OF the
question.
No one questions, as we are aware,
the authority Of the corporate officers Of
Of cities and Incorporated towns TO as
sess tax for school purposes. No one
would question the authority OF township
trustees To assess such n tax, II the law
did not require vote Of the people on
the question But Il Is supposed by semo
that the vote of the people invaidates
aud renders unconstitutional the assess
ment and collection OF taxes, wherever
such vote is taken.
The issue has been made in one OF
the townships Of the State. An in
junction was asked Of the Circuit Court
by certain citizens, restraining the
County Treasurer from collecting the
township school tax assessed under
authority Of the l30th section of the
school law. The case was appealed
to the Supreme Court. We were ready
to have the case decided at the last
term. The Court was ready to take
up the case and decide it at once
But the persons having the other side
in charge would not consent to the
submission of the case at that time. 1t
therefore cannot be decided until the
next session of the Supreme Court
which occurs in May next. In the
meantime the collections of schoo
taxes must go on, as ifno question had
been raised.
1t would not be under ordinary
circumstances proper for me to give any
expression Of opinion on the merits o
a case referred to the Supreme. Cour
for decision; yet, as great misapprehen
sions exist on the question under dis
cussion, and in some counties tn,
schools are, as | have learned, actual,
suspended on account of this misap
prehension, it may be proper for me I,
say that no person with whom | have
conversed, and who has examined th,
question, except perhaps the counse
Of the prosecuting party, has expressed
any doubt that the law will be sustained
The constitutional objection TO tn,
Liquor Law does not at all apply to th,
School Law. By the Liquor Law tn,
same act might be legal in one town
ship, and criminal in another, and thl
difference would depend on a vote o
the people in their sovereign capacity
BY the School Law . question, not o
crime or of law, but of municipal o
corporation taxes, is submitted to tn
township in its corporate capacity.
only need confidently affirm, as | hav
the best authority for doing. that tn
members of the Supreme Court them