Indiana American., 1854-03-10
For the American.
The school Question.

For the American.
The school Question.
Mr., EDIToR:-I notice in your paper
published some two weeks ago, a ten
der of the use of it for a discussion Of
the School law. And since no one has
as yet entered the arena, i propose to
make some remarks upon the subject.
All civilians and statesmen have con-
ceded the Importance of the education
of the masses of the people, as neces-
sary to the permanency of our republ-
can form of government; and the legis-
latures Of many OF ofthe States, acting
upon this principle, have adopted
a system of Common School education.
This principle was plainly recognized
by the farmers of fthe constitution of
our state in 1916; and acted upon by
her legislatures from time to time up
TO the last session OF the Legislature
But during all the time that there was
Legislation upon this subject, that por-
ton of the school funds known as the
Congressional Township fund remained
inyiolate, and was never diverted
Though attempts were at different
times made) from the respective town
ships to which it belonged, until the
school law that now exists was passed.
That law lays hands upon that fund,
and makes it common property. This
act | regard as peculiarly unfortunate
10 the educational interests of fthe State
-as is already apparent from the
and Imaginable ofrhe lawsuits grow
Ing out of the law. True the great
disparity in the value Of the lands Of
the respective Congressional Townships
and the consequent advantages that
some townships have over others in
their means of education, may he urged
with all the zeal and ingenuity that
gentlemen Of the green bag are accus-
toned to argue questions of this kind,
as Yeason why this should be made
common fund. So may the disparity
in the condition ofneighbors be urged
as reason why a poor neighbor may
seize with impunity, the property of
his more wealthy neighbor and con-
vert it u his own use. But the law
interposes its strong arm in the pro-
lection of private rights, and we think
the consolidation of these funds as
palpable an infraction of law and of
private rights, al the case just alluded
to would be. For the purpose Of plac-
ing this matter in clear and proper
light, we shall quote from the act of
Congress which was approved April 10
1916, to enable the people ofthe Indi-
ana Territory to form a constitution
and State government &c. Section
9th of the act just referred to, contains
FIVE distinct propositions, upon which
the state was to be admitted as one OF
the original states, and the first. .propo-
sition reads as follows:
"That the section l6, in every town
ship; and when such section has been
sold, granted, or disposed of, other
lands, equivalent thereto, and most
contiguous to the same, shallbe granted
to the inhabitants of such townships
for the use of Schools"
This is the law upon which those
that have filed their injunctions, tC
prevent the consolidation of township
funds, rest their claim. How legis
lative body, with the above law before
their eyes, should attempt diversion
of that funnd from the townships, | an
at loss to conjecture, and l think
risk nothing in saying that this law un
less repealed, will be one Of the mos
, fruitful sources of litigation, of an,
upon our statute book. Having sail
this mueh-upon this part of the law,
(; shall have proceed TO examine some Q
its other features. This first is, tn
, making ofan entire township Schoo
:. District. Now the reasons are so clea
/, to my mind on this subject that it
I only necessary to call the readers min
I to them to satisfy him Of their correct
!, ness. l admit that if all our township
p were just made up Of Congression,
!, Townships, aud each township supple
4 with a sufficient number Of scho,
q house, than this part Of the law woul
? not be so obnoxious. But suppose
township needs six school houses, an
there are four Of that number bui
under the district system, will the Ia
payers, accommodated by the fot
'e school houses, concent 60 be taxed
5. build the two? Let il be tried, an
D, they will present an unbroken front
D. the negative, while those persons wi
2. are TO be accommodated by the bull,
Is ing Of the two, might cheeriully col
It cent to be taxed to build the two, upc
Z, the old district plan, AS an offs,
te against this disadvantage il is urge
in that persons may send their childr,
ty to which school they please. Tru
g but almost every parent sends h
es children to the nearest school, m
~ the question Of distance is some times
n fruitful source of dissatisfaction in d
o, location of new school houses, and
be the Inconvenience Of distance could