The Evansville daily journal. [volume] (Evansville, Ia. [i.e. Ind.]) 1848-1862, 1862-03-21
fCommunicated.



The Constitution Of the State of Indiana
anjOins upon the Legislature of the State
10 provide by law for a general and uni
form system of Common Schools, wherein
tuition shall be without charge and equally
open to ALL" Sec. /, Art. 8. The COnstitu-
ton further provides that the Legislature
or " General Assembly shall not pass IoeaI
or special laws in certain enumerated
cases, among which is providing for sup
porting common schools, and for the pre-
servation of school funds" &C., Sec. %,
Artg4 InOrder to carry out the provisions
Of the Constitution, the Legislature at its
first session, after the adoption of the Con-
stlsution, passed a general School Law,
q providing for general and Uniform sys-
tenn of Common Schools, &C., Approved
June IL, 1882. Sec. 100 of said School
Law provides that the voters of any Town
ship shall have power at any general or spe-
cial meeting, to vote tax, &c, for con-
tinuing their schools after the public funds
shall have been expended, &c.
| In the suit OF Greencastls Township, &C.,
| o. BIock-on petition for a rehearing at
the November term, 1854, of the Supreme
Court of Indiana, said Court decided that
"Taxes for school purposes cannot be lev
led by Local or Special Law "They must
be levied by general law Of uniform opera
ton through the State" "And upon a
uniform and equal rate of assessment and
taxation.1 And that q See, $50 Of the
School Law levying such a tax for such a
purpose, 10 ia direct conflict with the ex-
press terms of the Constitution, and void"
The same Court reiterates gthat the Bird
land 4th clauses Of the schedule to the Con-
stitution expressly continue municipal cor
pOratiOns until modified or repealed By the
General Assembly" ess7-
+ By this decision of the Supreme Court.
all the Free Schools in towns and cities 81
Indiana except Evansville, were suspended
az all except her had adopted the New
Ohartar.- Evansville. by the 4th clause o.
the schedule containing all acts of ineor.
poration for municipal purposes has, beer
tue only city SluCo tnAb ucclSAOh "a knS koA
preme Court, which has been able to con
tinue her free schools throughout the year
T The friends Of edncation, and the Eegis
latnre Of the State, finding it Impossible t.
support Free Schools in tewusa and cities il
this State, under the present stats OO1si
Triton, have taken the necessary steps 4
amend Art 8 OF the sOnstitntion, 50 az t
: enable cities, townships and towns to lev
taxes for the seaport of common achools,'
'tand to anead ssc.ion %, Article 4 of tn
Constitution 30 as to provide for laws en-
abling cities, townships and towns to rails
money for the support of common schools.
Joint resolutions for the above amend
menss passed both Houses Of the las. Legis
lature, and if agreed to by the next Legif
} lAture, are to be submitted to the elector
OF the State, and if ratified by the electOr
become a part of the constitution. II u
above sMspsS@ESfRRtHad New Charters, win
| at an end but until the Oonstitnt ion .
! the State shall have been thus amende
t the only safe course for the city Of Evans
) VILE to pursue Is to retain the Old Charter