The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1870-07-23

osAsia YW Dssaus,a.
Fellsvins = - spi.iea e Judge Leland in
Tie ssssef ~ ssplieatiea. By tAs Board Of Edu.
cation oe Ottava. Sor mandanus ON the City
Coansil 10 levy certain taxes The deci,iou was
wandered on Monday:
On the 9Th Of April last the Board Of Educa.
ton Of this city resolved that the CITY Council
b required 10 raase, BY taxation, for that wear.
for school purpeess, the sum Of $4,000, $2,5OO
and aleO two mills On the dollar Of al the taxa.
bic prop:rty Of The city; and application was
duly made 70 the City Council therefor.
The council decided to levy the $4,000; but
refused to cause levy of the other amounts and
this proceeding is for the purpose of compelling
the council. by mandamus, to do that which it
refused to d.
While the court entertains no doubts that the
entire control of the amount to be raised, for
school purposes, within the limits of the author.
ity given BY law, is vested in the Board of Edu.
cation it is equally clear that the Board has no
power to require the City Council! to cause taxes,
not authorized by law, to be imposed upon the
tax payers.
By the act of the Legislature of Feb. 10Th,
1855. creating the Board of Education, it was
authorized and required to cause the City Coun-
Gil to levy and collect, in the same manner that
the city taxes were collected. tax not exceeding
ten mills on the dollar for the years 1S55-5G-57,
and not less than three nor more than six mills
on the dollar thereafter.
The Board of Education having become EN-.
barrsssed. financially, by reason Of the erection
end repairs Of school houses, &C., the legislature,
On the Both of March, 1859, amended the origi.
nal school laws by repeating the section which
authorizes the raising tax not less than three
or more than six mills on the dollar, and provid.
inu in liant haro <haS %1ac &c
no more, should be raised annually for keeping
the schools in operation. This sum is less than
tax of six mills on the dollar would have pre-
duced in 1869 and 1870.
While the legislature has limited the amount
to be raised annually, it also provided by the
amendment Of March Both, 1869, that in order
to pay up the then present Indebtedness of said
Board. incurred by the building and repairing
of school houses, and to pay such interest that
might accrue on money which the Board nigh.
be obliged to borrow thereafter for the purpose
OF keeping the schools in operation, there might
be levied, in the year 1869, mills on the dollar
and that if that should not be sufficient for said
purposes then the City Council should on the
written application of the Board of Education,
levy. in the year 1870, a tax not exceeding two
mills ON the dollar.
1t appears, by the petition for mandamus
that the Indebtedness of the Board. incurred by
the building and repairs of school houses, as
above, was. on the Both of March, 1869, abou,
$4,000 and it also appears, by the petition, tina,
the assessors value of tie taxable property OF The
city, for the year 1869, was $3.5O00JO.
The item of 81, 800 is claimed on the ground
that the sum of 100000, provided to pay the an.
nusl expense of keeping the schools in operation
was not actually raised in 1869, bu, that the
Board Of Education only received $1,000 OF the
came.
From the facts stated in the petition for 2
mandamus, it appears to the court that all tn
money authorized by law to be raised IN 1865
and 1870 has been provided to the Board of Edu-
cation. The $4,000, and the Indebtedness OF
$4,000, make $4,000. Five mills upon S3,-
100000 produces lS17,5OO, which added to the
$4,000, makes also $4,000, and this was all
that the law allowed to be raised for annual ex.
penses, and to pay the past Indebtedness. There
is nothing alleged in the petition about in,eres,
| on money which the board has been obliged Il
borrow.
The i've mills having thus paid the indebted
| ness, the two :min, we're not necessary 10 finish
| the payment Of an original Indebtedness; and
consequently, there is no authority of law &c
raise tor the year 1870. according 10 the state o,
facts set forth in the petition, any more than
the sum Of $4,000.
It is also alleged in the petition, that the
Board OF Education, after applying the $l7 SOC
of the 10000, and the FIVE mill tax, was on the
9Th of April in debt to the extent of $4,000
and that the tax is necessary to pay the indebt.
ednees.
All that this amounts TO, is that the expenses
of the schools, AN item of which is stated to be
81 900 for repairing a school house. have ex.
ceeded the amount which is allowed by law 70
be raised, OF in other other words, that the ex.
penses have exceeded the income, and that the
| usual consequences OF embarrassment and debt
| have resulted. think it not at all improbable
| that the members Of the Board of Education DC.
cupy the unpleasant position of trustees, who
| are expected by the public to accomplish, as its
agents, certain results, without the public kav.
ing provided them with the necessary means to
do 80. Having once been placed in similar
position, the court can fully sympa.hse with
such sufferers; bat the public, through the
legislature, can alone remedy the difficulty
The court can only administer the law, not make
it. II the act Of 1869 does not provide literally
| enough for educational purposes in this city
the friends Of the school system must endeavor
to get more liberal one.
Believing that system by which the wealthy
| are required TO contribute, out of their abun.
dance, to the education of the poor and lowly, is
one of the noblest of compulsory charities on
| earth, q compulsion, however, which, alas for
the charity of christians too many consider as a
trampling upon the liberty which they might
otherwise enjoy of being uncharitable} the court
has endesvored TO lean AZ far as the law would
allow in favor Of u liberal supply of means to
the Board but, in the opinion of the court,
there il no authority Of law, according to the
facts stated in the petition for the mandsmus,
to raise for the present year any more than SEQ.
GOO, and the application for the alternative writ
must be denied. -
a Good Number.