Daily State sentinel. [volume] (Indianapolis, Ind.) 1861-1865, 1864-03-30
d. V. GULLEY, Treasurer.

refer you for exact information on these points
to our most excellent Superintendent of Public
Instruction, Mr.. Rugg.
HOW THE SUPREME COURT BECAME CONNECTED
WITH TIE QUESTION.
/ speak of this necessarily. but with diffidence.
Soon after the ado ption OF the new Constitution,
a portion of the people began to desire TO revive
again the local common school system of the old
Constitution. and the Legislature enacted some
laws accordingly These laws we're brought in
question as 10 their consIitutonality. 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 il was their
duty To do 50, whatever their individual views OF
the policy OF the Constitution might be Aud
they decided that local and special laws pro-
vding for supporting common schools, destroyed
the uniformity of the system required by the
Constitution. produced inequality OF educational
privileges through the common schools. 10 the
children of the State, and tended to. in 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 at all times unanimous on this
question. The Judges who have written opinions
declaring the local system 10 be prohibited by the
T
Gookins Hon W q. Stuart, Hon. Andrew
DAWSON. Hon james l. Worden, aud Hon
James VI Hanna There has never been di-
vision of sentiment in the Court upon the ques-
ton. You can find reference to the cases de
cded in Davis Digest under the titles Consttu-
tionai Law, and Schools To show the views OF
the Court we quote from The City of l. 'fas cite
vs. Jeuuers. 10 Ind p 20. case decided in 1897:
The new constitution does not contemplate
two systems ot tree public schools III tie State
one under the control OF the State. and supported
by her trust funds and taxes and another under
the control of the various municipal corporations
OF the State-the cities, towns. townships couIi-
ties. school di>tricts-And supported by taxation
bv them This would be renting us back,
practically, 10 precisely the condition we were
i'm under the old constitution aud laws. where the
State supported system of public schools, ana
authorized the counties, &c, TO raise ADDITIONAL
taxes for. schools it they pleased The conso
quence was. the Legislature shirked the duty OF
keeping up an efficient system-conienied hse'i
with authorizing the municipal corporations 10
provide schools at their Optlon-and hence We
had upon this subject no uniform rate OF
taxation-no uniformity of systemic equality
OF educational prvege-among the children OF
the State To remedy this evil-tO give VS. tins
uniformity and equality-to secure united anu
vigorous instead OF a divided and thus weakened
common school system aud interest-to place
upon he Legislature cOmpulsion To give u
these advantages bv its own action. instead oil
haEarding them 70 the voluntary acton oil mu-
niciDal cOrpOratons-the new constitution pro-
vide> that Il shall be the duty OF the General
Assembly to provide by law for (one) genera
and uniform system OF common schools, wherein
tuition shall be without charge. and equally opeu
TO all The system must operate equally 10 city
and country. or il would not be uniform The
citizens of the CITY must be taxed 10 support u
equally with those of the country Their chii-
dren must have the right 10 attend the schools
under the system in the CITY. And Il another
SCI of public schools can be maintained Ia th'
corporation by taxation, either concuUeutly Win
or in the vacation Of. the Safe schools thea tax
alton for the support OF public schools i no.
uniform and equal; tor such taxes are LEVIED, u
effect by the State. the city only lew then
nv authority delegated TO her by the State; anC
educational privilege is not made equal 70 M
children OF the State--in snort We will not have
as required by the constitution. one uniform sys-
TEN OF common or public schools. lfor the term
IN the statute and constitution synonv nous
supported by equal taxation, anu made equal!
open 90 all .
Thus the Supreme Court. nv its decisions
ma'ntined the Constitution. and saved the CON
mon school system OF the Stale from benz
wrecked
how CAS- CHANGE BE EFFECTED. II CHANGE 81
DEsIRKD
You we're pleased to say that money enougl
was not now furnished 20 pay competent salaries
and for a suihc emf portioI OF the year and il va
wished 10 knos ho~ this difficulty could be OBJ
waited.
There are three modes by which this can b
done. AM these are. and have been. at all times il
the hands of the people. under ;be new Constisu-
ton.