The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1858-09-03
judge P.rkin. ON Ere. schools.


Judge Perkins in vindication of himself
against the assaults of the Republican press
of the State, has thought proper TO address
the following letter to the editor of the In
dianapolis Citizen:
Il am charged with being an enemy to
free schools, and with having violated my
official oath for the purpose of gratifying my
enmity toward them. Now, sirs, all the
education ever obtained at any school be-
fore was twenty-one years of age, was in
country free school; and all the means
had with which 10 acquire further educa-
ton in higher schools, preparatory to the
study Of law, and To defray my expenses
during three years course of legal studies
were obtained by teaching in country free
school. am part and parcel Of the free
school system. Internationally, those schools
ma lie me what ] am. And since their es-
adjustment here have cheerfnlly pale. all
taxes assessed against me for their support.
and have sent to them my children. What
is this school question? Simply THU and
nothing more The constitutions provides
that the Legislature shall establish uni
form system OF free schools TO operate equal
ly in all parts Of the State, in country as
Well as in town; and forbids the passage of
any local law for the support of such schools.
Under these constitutional provisions the
Legislature of 1852 enacted school law
providing for general uniform school sys-
tenn.
This law the Supreme Court sustained,
and such law is now, as has been ever
i'm fnrr.. th. In md. t,,r
ing teachers are to be levied By the LeglS-
lature. And if that body, at its last session,
f;liled to levy the taxes requisite, the fault
lies with them, not with tue court. And if
the next Legislature shall be guilty of the
saiue failure of duty, on them will rest the
responsibility. But the Legislatures of
1852 and 1855 went further than the enact
ment of general system. They also au-
thorizcd incorporated towns and cities To
cnsct local ordinances to support additional
schools, or terms of schools in them, by To-
cal taxation. Ii is claimed that this local
portion of the school laws was void, IA be-
in conflict with the provisions of the Con-
stitutiOn forbidding local laws for the sup
port of schools by taxation. The question
was brought before the Supreme Court and
in 1854 this local school Legislation was
held unconstitutional. Judges Hovey and
Stuart delivering the unanimous opinion OF
the Court.
That decision has been subsequently, fol-
lowed: and believe that Judges HJvey,
Stuart, Gookins, aud the members at present
upon the bench, have thought, in making
and subsequently unanimously following
that decision, that they were faithfully
standing by the constitution which they had
taken an oath 10 support. And trust the
! day may be far distant when Judges will b,
found upon the Supreme Bench of indiana
whom party violence or popular indignation
can deter from steadily adherng TO the su.
! premc law of the land. The provision
/ against local taxation for schools was insert
ed in the constitution for the purpose o.
ccntering in one system the entire common
/ school interest ia the State, SD that, united
! it would secure an efficient system for town
and country, while, if divided. the local
town interest would favor the building NJ
| of the local system, at The expense of Ia,
! general uniform system, and leave the coun
! try without due educational advantages.
If the policy Is bad one, change il, b,
I altering the constitution, not by exactin.
of courts "A disregard of that instrument.
Respectfully, =. +. PERKINS.
indianapolis, August 81, 1858.