Indiana State sentinel. (Indianapolis, Ind.) 1861-1865, 1864-04-04
HOW THE SUPREME COURT BECAME CONNECTED


HOW THE SUPREME COURT BECAME CONNECTED
WITH THE QUESTION.
speak of this necessarily but with diffidence.
Soon after the adoption OF the new Constitution,
portion of the people began to desire 10 revive
again the local common school system of the old
Constitution. and the Legislature enacted some
laws accordingly. These laws were brought in
question TO their cOnstitutionality, in the Su-
preme Court. in suits legally prosecuted by citi-
zens Of the State.
The Judges of the Supreme Court. having been
sworn TO observe and uphold the Constitution,
thought nothing different than that it their
duty TO do so, whatever their individual views OF
the policy OF the Constitution might be. And
they decided that ''local and special laws pro-
viding for supporting common schools, destroyed
the uniformity of the system required by the
Constitution, produced inequality of educational
privileges. through the common schools, to the
children of the State. and tended to, in n great
measure, overthrow the general system, as had
been the case under the old Constitution. The
Judges OF the Supreme Court, of both political
parties, have been ut all times unanimous on this
question, The Judges who have written opinions
declaring the local system to be prohibited by the
new Constitution are Gen A. p Hovev, Hon )
| B GOOkins. Hon W Z. Stuart, Hon. Andrew
Dawson, Hon james l. Worden. and Hon.
James M Hanna There has never been a di-
vision of sentiment in the Court upon the ques-
ton. You can find a reference to the cases de
cided in Davis Digest under the titles COnsttu-
toual Law, and Schools. To show the views of
the Court we quote from The City of L1tayette
| VS. Jenners, 10 Ind D 20 "A case decided in 1851:
1.-THE new constitution does not contemplate
two systems of free public schools in the State
one under the control OF the State. and supported
by her trust funds and taxes, and another und er
the control Of the various municipal corporations
OF the State-the cities, towns, townships, coun-
/ ties, school dStrcis-and supported by taxation
/ by them. This would lie renting US back,
practically. TO precisely the condition we were
in under the old constitution and laws, where the
| State supported a system of public schools, and
authorized the counties, &c, to raise additional
| taxes for schools. if they pleased The cOnse
Quence was, the Legislature shirked the duty of
| keeping up an efficient system-contented itself
with authorizing the municipal corporations to
/ provide schools at their Optiou-and hence
| had. upon this subject no uniform rate of
taxation-DO uniformity of system-no equality
OF educational privilege-among the children of
the SAFE To remedy this evil-to give us this
uniformity and equ,lity-to secure united and
vigorous, instead OF a divided and thus weakened,
common school system and interest-tO place
upon The Legislature compulsi0n to give US
these advantages by its action, instead Of
hazartng them To the voluntary action of mu-
nicipa cOrpOratiOns-the new constitution pro-
/ yideS that il shall be the duty of the General
Assembly TO provide by law for (One) general
and uniform system of common schools, wherein
tuition shall be without charge, and equally open
to ALL The system must operate equally in city
and country, or il would not be uniform. The
citizens of the city must be taxed to support it
equally with those of the country. Their chill
dren must have the right to attend the schools
under the system in the city. And If another
set of public schools can be maintained in the
corporation by taxation. either concurently with,
or in the vacation OF, the State schools. then tax
alton for the support of public schools is not
uniform and equal; for such taxes are levied, in
effect b. the State. the city only levy them
by authority delegated to her by the State; and
educational privilege is not made equal TO the
children Of the State-in short We will not have,
as required by the constitution. one uniform sys-
TEN of common or public schools, for the terms
in the statute and constitution are synonymous)
supported by equal taxation, and made equally
open to all
Thus the Supreme Court, by its decisions,
maintained the Constitution, and saved the com
mon school system of the Stale from being
wrecked
HOW CAN A CHANGE BE EFFECTED, If CHANGE BE
DESIRED.
You were pleased to say that money enough
was not now furnished to pay competent salaries,
and for sufficient portion of the year, and it
wished to know how this difficulty could be OBJ
waited.
There are three modes by which this can be
done and these are and have been at all times, in
the hands of the people, under the new COustitu-
ton.
l. They can. if they desire to do so, change
the Constitution. That instrument points out
the mode. Neither party, | believe. has made
any serious attempt to DO this
2 Lew more school taxes through the Leg
islature This means may be resortei TO. and
might have been, at any and every session of the
Legislature. Neither party has, believe. been
disposed 10 do this.
g. third mode remains Neither the Con-
stitutiOn, nor. perhaps, any existing stIiuie. de-
fines what shall be common school Let the
Legislature enact such definition. II enacts
that common schools shall consist Of those in
which the primary branches. such reading,
writing, arithmetic, grammar and geography ure
taught, then all the present common school
revenues will be applied To the payment OF teach
ers ia those schools, and series Of high schools,
or academies, NAV be supported. il the people
see fl to do So in addition by local taxation !;
because they would not be common schools, and
it is only to common schools that the constitu-
tonal provisions referred to apply No change
is needed in the Constitution TO effect this object
You have only to get the Legislature TO enact
the proposed law, and the people to consent to
the measure. and to vote and pay he tax. This
is expressly laid down in the case of Lafayette
VS.. Jenuers, supra.
Respectfully. s. Z. PERKINS.
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