The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-04-09

tice two or three Inconvenience which it is
suggested mist arise from this decision.
l. 1t is claimed that it will annihilate oil
colleges and academies. This is not So
The Constitution limits the general legisla-
ton involved in this decision to common
schools. Colleges, academies, and charitable
associations, are not included within the Or
binary or technical meaning of the term COM
mon schools. Tho State is left. by her Con-
stituton, free to encourage education, to
any extent she may deem expedient, by such
agencies.
2. 1t is said, if cities and towns cannot tax
for common schools neither can they for
streets. &c. This is not so. The Coustitu-
ton saws laws on the subject Of highways
shall be general. 1t does not so provide as
to streets. and a highway is not street,
either technically or in common parlance.-
This has been judicially settled by this court.
The Common Council of Indianapolis T..
Croas, Ind, 6.
And here we cannot refrain from Using the
example put to illustrate the correctness of
the decision we have made. The Constitu-
ton says there shall be one general uniform
system of common schools for all the chill
dren of the State, and that no local law shall
be passed on the subject.
Tho Constitution docs not say that there shall
be one general system of highways extend
ing into every part CT the State and that there
shall be no other. 1t simply says there shall
be no local laws for opening, working on, and
laying ont highways, where highways may
be needed. The Constitution enjoins no SIS
tenn of highways, bat regulations as to work
ing: &c. Statuatory highways are not need
ed in cities, because streets there take their
place, and streets are recognized in the Con.
stitution and Statutes, as eXistencies distinct
| from highways. A general law for high.
ways where they are needed, like one touch
ing county seats, need only be as general a.
the particular subject matter, to comply will
| the Constitution.
8. 1t is said that schools cannot be kept al
| in cities without local taxation. We are un
able to see why. AS the proceeds of taxa
ton are, or may be, drawn from the Trcasur,
of the State per capita, that il. upon tn
heads of the children, cities would seem +
have the advantage, as the great mass G
floating population is within their limits
All this, however, is matter for legislativ
regulation within constitutional restriction:
1t is not q question for the court.
! The reasoning OF the court upon tn
latter points does not appear very con
elusive. By changing the name Of GU
free institutions TO academies and Co
leges-according to this decision til
} Legislature could authorize the towr
and cities to levy taxes to any amour
f for their support; for "the State is LEI
, by her constitution, free to encouras
e education to any extent she may dec
/, expedient, by such agencies"
t The court says "a highway is not
street." 1t is true, that highway
n not always street; but street is a
: ways highway, both in legal langua;
If and in common parlance, and we cam
:, see how the streets Of a town or city C;
= be excepted from general law respec
: ing highways, unless it be by the app
1t cation Of local law or authority.