Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1855-01-04
The school Law Question
EsccIApSi.

How Ey On the School law question The
gseat importance OF the decision ieduces
a, 10 publish il at full, ia exclusion of
ser matter Indiana Siois SeaginaI.
oreeacasile Township and Edword II.
KerchcceL D Aieramde, Black and
oilers.
Appeal from the Putnam Circuit coari
! Aiexander Black. fiet complaint in
the Puinsm Circuit Court. OF beha II OF
hi mseif anl oihrr resident citizens of
Gleencastle Township. in Putnam coun-
", for the purpose of enjoiniug the col
lection Of q tax assessed oy said town
saip, under the l30,h section Of The 98th
caspier OF be let vol. Of the Revised
Statutes.
Tue complaint states, thatat he April
election 1875. proposition was sub
/ mitted by the Trustees o. said township.
10 lne voters thereof. los the purpose oil
assessing a tex. of ; cents. on zach one
hundred dollars worth OF property, and
81 cents on each poll, in the township.
for common school purposes. hat they
I vo ed 10 favor of such assessment. ard
! That the same was accordingly assessed.
! by the Trustees. That Backs taxes.
under said assessment, amounted to 20
dollars and - cents, anu ihe other CHI
zeuS 70, whom he Sued. 10 . 200, hat d
duplicate mad issued 10 tn county Trea.
surer. to collect and poy over sid tsxes.
TO the township, ard lhd. the township
was threa tenn, aud would collect it IN.
less restrained. The complaint AYERS.
tnsi he levy snd tsxaiion were not uni.
form. throughout ihe State, and con.
Guides NI,h pfsyf Tor an Injunction,
! The complaint is sworn to.
Gfeeucastle Township answers in tive
paraaro phS. In The lst. the answer de
nies the complaint aenegaily, except as
% express admiss ons. Ii then sets oai
a special meetins in May 1898, at whicf
he voters yoled tax, for tne purpose ot
building school houses. ana pufcliasin.
sizes iheseiof, prov iotnS fusl, and foI
continuing schools. af,eItue public lopd:
might be expended" of The same amour
IS stated in the complaint, etc, and tho
4 dlpiiclte OF sech tax, had been place,
in the hands Ct .he County Treasurer. 70
| "A )
ed. boz denies she sane rs 10 offers. fo
whom lie sues; denies threats, but cd
rnits. that the tie sOser will collect. bu
AYERS that he ous Il not 20 b. enIoiled.
| The second parSsrsph ailedses. tho
Black ives ,o.ef, anu ,oed al the elec
ion, and insists that he is estopoed from
deny,aS the lega = OF the assess nent.
kerche al, The treasurer. answers. b
dcns ing the complaint ia general terms
but admits the duplicate with CIatk'
tax. and that he lat II 3 10 collect il. an
ess restrained.
Demurrers were fled to each ps "a
graph. assigning foE Cause. that they d.
noi contain sufficient snswer o. de.eas,
to the matter che sed in he CON plant.
, The cour sustained The denalrcrs. III
defe ndants feil,d to make further anssTe
and upon the ai6s and approved. Of .
{ injunction bond. The ccult dec eed pe
pe,usl injunction, prob biting. and el
= joining the defendants, from colleciin
all and any CT The taxes nered in a
: complaint" Tie defendants sppesled.
The answers, o. the TOWNSHIP an
4 hefcheval. must be considered as on,
b The admissions OF The township. he D..
y " in interest, cannot be qualified hy II
:, snswer OF kefoAevel. " no is ouly her
geHt la collecting the taxes la IN
{ view, The plesdings substantially al mi
5 that The township levied the tax und
e The loUth secIoa-that q duplicsie
that tex, was in the hands Of Kerchev
for coliocton--shet Backs tax. as STA
ed in his complaint, was m5raceds in ii
duplicate. and that unless fesiIsined tn,
10 ended 10 proceed in making cole,
n tons. We dc not think the vsfisnc
5 in regard TO the time of holding tie eIe
i. ton. material, and we deem i. unnece
sary TO notice al length sevefs! min
points raised By couasel in regard to t
3 pIeadinss. Tie admissions Ly the plea
K inss raise three questions for coaside
S. atom.
: First. Is Black estopped from den
irs the legality of the assessment
"a Second. Is section $50 under viii
e. he tax was assessed constitutional
t. Third. /. the decree sustained BY (;
: admitted facts?
1. Black votei at the election, q
- the appellants insist, that he is there
estcpped from DENYING its legality. T
case of Rex v SI,ibe, 6 Barn & Gre.
10 240. is cited TO support this position, b
ed that case ooiy decides, that corporal,
al who attends and votes at meeting 1
the election Of officers Of borough, "
= not be permitted to impeach the title
the persons there elected. on account
& the acaai Of TIE in The presidias Office
IN Of such election. ln this case. Black n
ng only attempts to.rdeny the right Of /,
3. Officers TO preside at the election, but
!. SO ;he cons.itutionsliiy OF The law auth
'" izings it to be holden. We cannot cal
the doctrine of estoppei TO the extrel
of denying to him that right.
'e This brings us TO the second, and pri
(. cipal question in the cause.
I'd 2. For the purpose of understand
the full report aud meaning OF the 81
tons in our present constitution in
a. Igard 20 common schools. it may not
10 improper TO take cursory view of {
school system in this State.
The Constitution of 1916. ssserts
chat knowledge and learning. genera