Plymouth banner. (Plymouth, Marshall County, Ind.) 1852-1855, 1855-01-04

! election OF a SuperIEte ndeGt OF Pubilc
Instruction by the popular vote. and en-
joins upon TIE Legislature the duty Of
providing By law for a general and uni
form system, wherein tuition is TO b.
without charge, and open to..ail. Placed
IN this condition. the State occupies the
position Of parent 10 her children, whose
duty ii is to see that all are equally p5o-
vi,led with the means of education For
the purpose of supplying such means. the
Constitution authorizes her not only 10
uss the funds heretofore set apart for that
purpose. but to compel the elder brothers
of the same family. By "a uniform aud
/ eQusl rate Of assessment and taxation,
TO aid her in carrying out the scheme
and az the diffusion, of knowledge and
learning is regarded 5y the Constitution
as essential 10 the preservation Il free
governments" it would seem but Just
that those who enjoy such government.
should equally assist in contributing to
lis preservation. The inhabitants OF one
county or township should not be com
PEELED 10 bear greater burdens than are
borne BY all. Again if the provisions
of sec. $50 are to be regs rded as constitu-
lOnal. the uniformity OF the common
school system would be at once DESTROY
Ell. In some townships, taxes would be
assessed ~ vote. and in others not-in
some, 81 fficieut amount might De rails
ed 10 support their schools, six. nine, or
twelve months SO that there would really
exist no uniformity, either as to The tine
h. IL h n. Ion n.
amount OF the taxes TO be paid by the IN
habilsn,, OF The respective tow nships.
Bal she want OF uniformity would not
be the only evil resulting from such
construction, as lie power Of conlroiliag
schools wouio uecessarill.lo great ex;en.
pass from the State and the SGperIn.en-
dent into The hands Of The local aulhOf-
ties OF the different townships. Should
he Legislature pass a law for Inc assess.
: mel OF mere nominal tax, "a suprosi-
ZION moi remote from probability the
whole school system woud be lott 10 the
mercy OF a popular vote OF the d iiefent
townships; and thus AL oi the rviis OF tie
old system, which We're lnle Bdeu 10 o.
avoided By the new Constijut,on-ine-
quality m education, inequality OF taxaiiOn
| lack oiun(orInity in schools, and I snFuk
ing from legislative responsibilities
, would be the lneS table result. Ii IS use.
r less TO urge th.t The oPpaiotIon Of aec,on
$50 IS and night Dc unslorin thloughoai
: the Safe. nee characters oil lis prov !sions
renders such a result impossible; ana even
. Il /, Should so happen that every town
] snip in Ihe State should assess The same
, rate Of taxation. the assessment would moi
DO the less unconstitutional On account OF
/ such an accident.
Il has long since been beautifully GO
d cla Cd by higa au.hpfity, int "a corrup!
tree cannot bring foln good fruit" An
! unconstitutional provision cannot be lhe
t basis OF lawful proceedings
TIE counsel FOR he appellants con:enJ
/, that ii cites, towns ana counties can as
e sess taxes for local purposes lie. SINE
power mus. necessarily belong 10 iGeor no
rated ,ownships. We are MOI PIE 5afcd Il
denv that The Legisiatu gl.l confer
D such power upon taem for certain local
/. pa poses; but where the taxes whom col.
= leclco d 10 be used for State purposes
l. ne Constitution requires that the Gener.
n al Assembly shall provide, by law Tor
uniform oAd Equal rate Of a8sessmen,
h and taratioA; and shall prescribe sue.
e regulations as shall secure !. just vaiuat on
J. for taxation OF all property, bOIh person
d al dnd real, excepting such only Tor ma
&c nicipal, educational, literary. scientific re
h gious or charitable purposes. as may b
IS specially exempted by law Soc. l Ars
n 10.
r The phrcscolosy OF this section show
~ that II was no, intended TO apply TO ioca
"a assessments The words "unil'ortn an,
70 equal rate Of assessment and taxation
E. and "all property both real md persanrl,
Of clearly refer 10 general assessments to B
Of made for the Safe at large.
h We have re!rnined from noticing case
K Of seeming similarity. in other Siales. n
9. those cases were not controlled by consti
10 ,aiiohs Ike GUS. la several of the east
r.. ern States, II is understood. I'M, township
he now, and for many years past, have exei
nd cse powers similar 10 those claimed i
he This case. by GreeEcas le Township; bu
"a BY In examination, il will he found, lila
il There is scarcely q shade Of sinlilule be
n tween taeff CONSTITUTIONS ana ours IN re
es gard to schools and ts1a,ion.
c. The difficulties anticipated By cohnsc
he from The construction which We have RI
lnclanily felt constrained to adopt do NJ
seem 10 us insurmountable; as wa can e.
se SLY conceive Of constitutional systet
10 which would work no injustice 10 any one
- But even II such a system could not b
> devised. we wi not bend the Guns itu
''s ton - suit too law o. The holr.
- 3. The decree enjoinlng call ard an
- Of the tsxrs named in the comp,aia,''
- TOO bnorj. While the answers adm
:" Black $ ;sxes rs stated in the complaint
- thew pointeGy denv tho taxes of others {,
10 whom he Sues. and his authority 10 S,
Tor them. THESE facts ao admitted |
- me cemarrers. and the injunction shoul
nave been confined 10 taxes assumed
IS gainst Black.
Per Curtain. The decree is afsirme
as to the lakes assessed against Black, Of
~ reversed as 10 the taxes assessed again
- those Tor whom he sues.
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