The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-02-17

luIec uOufs- OOi- DTeW uileu tue CHIT
with dignity, and E Seymour Esq. acted
as Secretary.
OF Ex- Mayor Jones thinks some Of
his peers at the bar, who have been trying
to explain the legal effects Of adopting
the New General Charter for the govern
ment Of our city, have shed but little
light on the subject, SO he has borrowed
the farthing candle of the Enquirer to
illumine the darkness. Unfortunately
there seem to have been drop in his
eve, which must have fallen on the
candle, for it sputt-rs for moment, and
goes out, without having lighted the
reader or writer step in his course
We do not believe that Mr. Jones will
thank the Enquirer for proclaiming the
paternity of the document, for, as a
lawyer, we are sure he will not be
proupd Of the bantiing. He makes
no distinction between an act Of incor
poration-which, in the nature of CON-
tract, confcrs special privileges and en-
dows parties with vested rights-and an
ordinary statute subject to repeal and
modification by the provisions Of every
new law that may not be in conformity
with it. And because the constitution
declares that the Legislature shall pro.
vide for schools by general and uniform
laws. it deprives our City Council Of the
power to do anything for our own
schools. though the Same constitution
declares that all the rights OF the city
under its Old Charter shall not be affect
ell by the constitutional provisions. He
says when two acts are passed at diff
ferent times upon the same subject diff.
fering in their provisions. the Old must
give way to the New, and therefore the
general law of 1856 has superseded the
school provisions Of our City Charter
But during the same session and subse-
quent to the passage Of the general law,
another act was passed giving special
powers to incorporated towns and cities
to levy taxes for the support Of their
own schools. According to Mr.. Jones's
own reasoning this later act rep called
the former act making the general
provisions, which he contends multi
fed the City Chatter. If the repeating
act was itself repealed, we would
stand, one would think, upon our
previous rights, with our charter and
our constitution for our protection. But
all this special pleading is Of very little
moment in the discussion. The plain
and simple facts are these, under the
New Charter we will have no power
whatever to raise or appropriate revenue
for our schools. Under the Old Charter
we believe we have full power to con-
tinue them. 1t has been exercised for
five years and has never been questioned
and in the opinion Of sound Lawyer:
cannot be successfully contested till the
Legislature shall by some amendment
change the provisions Of the Charter
or this there is little to fear, for that
branch of the Government has evinced .
disposition to confer all the power it hac
to grant on the municipal government
to promote the cause Of education. W.
have therefore no reason to apprehend |
disturbance Of our chartered privilege:
in regard to Schools. To give them NJ
because they may be taken from us, i
like committing suicide to avoid natu
raj death.
We have great respect for Mr.. Jone
Us gentleman and Lawyer, and we fee
it to be extremely invidious to seek 70
the motives ola man in public discussion
Of the importance Of the present one t,
the public. But Mr.. Jones has invites
and provoked it, by an impeachment G
the honesty and veracity of the Who'll
class of non holders OF Real Estate in tn
city. His singular position in the pres
ent controversy has led this class of hi
fellow citizens to inquire what extran
eous influences have been operating o.
his own mind, perhaps, unconsciously, t
lead him to his present conclusions. Fl
has given US the key to the enigma. II
has always oljected-we are told
allowing lis children q, be contaminate
by the associations in our public school.
His property is invested in real estate,
good share of which is in unimprove
lots--a species Of estate that does yer
little good to the owner or any one els
The adoption ofthe new General Charte
will releiv. these vacant lots, Of heav
burthen, and cast good share OF it upc
improvements and personal propert
which are the creations of the industrio,
and en.erprising. 1t will force person
property to pay large share of the il