Indiana American. [volume] (Brookville, Ind.) 1833-1861, 1855-01-05

Placed IN this condition, the State oc-
cupies the position Of parent to her
whose duty II Il to see that
all are equally provided with the means
Of education. For the purpose Of sup
plying such means. the Constitution
authorizes her not only to use the funds
heretofore set apart for that purpose.
but TO compel the elder BROKERS Of
the same family, by "a uniform and
equal rate Of assessmentand taxation"
to aid her in carrying out the scheme;
and as the diffusion Of knowledge and
learning is regardedbythe Constitution
as essential to the preservation offree
governments" it would seem but Just
that those who enjoy such a govern
ment, should equally assist in contri-
buting to its preservation. The inhab-
itants OF one county or township
should not be compelled to bear great
er burdens than are borne by ALL
Again: If the provisions of sec. 100
are to be regarded as constitutional, the
uniformity Of the common school sys-
tenn would be at once DESTROYED. In
some townships, taxesIwould be ASSESS
ed by vote, andin others not in some, a
sufficient amountmight be raised to
support their schools, 6, 8, or l2
months, so that there would really ex-
ist no uniformity. either as TO the time
the schools should be kept, or as to the
amount of the taxes to be paid by the
inhabitants of the respective town
ships.
But the want of uniformity would
not be the only evil resulting from such
a construction, as the power Of con-
trolling schools would necessarily, TO
a great extent, pass from the State and
the Superintendent, into the hands Of
the local authorities of the different
townships. Should the Legislature
pass law for the assessment Of mere
nominal tax. "a supposition not remote
from probability, the whole school
system would be left TO the mercy offs
popular vote of the different town
ships, and thus all of the evils of the
old system, which were intended to be
avoided by the new Constitution-in-
equality in education, inequality Of
taxation, lack ofuniformity in schools,
and ashrinkingf from Legislative respon.
sibilities-woulo be the inevitable re-
suit. 1t is useless TO urge that the
operation of section $50 is and might
be uniform throughout the State. The
character Gifts provisions renders such
a result impossible;and even lift should
so happen that every township in the
Stateshould assess the same rate oftax.
alton, the assessment would not be the
less unconstitutional on account Of
such an accident.
Admitting that the Judges have
given the true intent and meaning Of
the Constitution. in the above decision,
il follows that all assessments by Coun-
ty boards for county purposes are
void.
The 92d section, article 4, Of the
Constitution of Indiana provides as
follows:
"The General Assembly shall not
pass local or special laws in any of the
following enumerated cases, that is
to say:
Regulating the jurisdiction and
duties of justices OF the peace and Of
constables." &c.
Providing for supporting common
schools, and for the preservation Of
school funds"
"For the assessment and collection
Of taxes for State, county, township,
or road purposes" &c.
The 23d section Of the Constitution
reads as follows:
"In all the cases enumerated in the
preceding section, and in all other ca
ses where a general law can be made
applicable, all laws shall be general,
and of uniform operation throughout
the State"
Mark the language-"In all the ca.
ses enumerated" &C., the claws shall
BE- general, and Of uniform operation
drought the State"
Here we have it. The provision il
regard TO the assessment and collec
ton Of tax for county purposes, ant
the provision in regard to the assess
mcnt and collection Of a tax for schoo
purposes, are both among the enume.
rated cases and the constitution re-
quires that the law in both cases, shall
be general and of uniform operation
throughout the State--that is, the
same in all the counties. There is NJ
escaping from this conclusion.
In regard to schools, we believe The
decision fatal to all good free schools
aud when it shall be applied to county
purposes, il will be equally fatal to al
improvements by county authorities
The Legislature will not dare assess {
tax for school purposes that will keeI
up good schools and lbuild good hou
ses in every district. We wish it would
II il does, we shall consider the de-
cision as one of the most fortunate le
gal plumbers ever made. We say blum
ders, for such it manifestly is. II
think that the people of Indiana, il
adopting the Constitution, meant e
say that. in case of fire destroying I
Court House, the people of the coun
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