Edgefield advertiser. [volume] (Edgefield, S.C.) 1836-current, 1871-10-12
Correspondence of the Daily Union.
Free School Assessments.

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----ND.--
Correspondence of the Daily Union.]
Free School Assessments.
In several of your issues lately,
have noticed that you call the atten-
tion of the public to the necessity OF
the school districts levying an assess
ment upon the taxpayers for free
school purposes in order to secure the
State appropriation; and, in your
last issue, 1 observe that it is an
nounced that, at the last meeting of
the citizens of Columbia, a tax of
$4,000 was levied accordingly, upon
the inhabitants of that school district.
Now, while am friendly to the
system of free schools, md would be
pleased to see the public schools in a
prosperous condition all over the
State, yet, 1 believe in adhering, as
long as we have one, to the written
constitution, and do not tuink it wis
dom or good policy to trample that
instrument under foot, just whenever
we please, just because a particular
measure or system meets our appro-
baton and ought to be encouraged:
Ipropose, therefore, to show briefly:
l. That it was not necessary to
make the assessment in order to Sc
cure the appropriation, as the section
Of the act Of the Legislature which
attempts to cause a forfeiture for not
making the assessment is unconstitu-
tional.
9. That the asse ssment. if levied in
Tx 4 y aca,-.-----.- -
collected, because this part Of the act
is also unconstitutional.
The 29th section Of the amended
school law, passed at the session Of
lS7O-'7l, does provide that if any
school district shall fail to levy tax,
as permitted, Gard required, strange
to say,) by section 81, the county
school commissioner shall withhold
from such district the share Of the
State appropriation to 'hich it would
otherwise have been entitled, and
distribute the same among the other
districts which shall levy the tax.
This section of the act is clearly un
constitutional, as l think a brief ref
crence to the Constitution of 1868
will unequivocally show.
Section 3 of Art. X. provides thus:
"The General Assembly shall, as
soon as practicable, after the adop-
ton of this Constitution, provide for
liberal and uniform system of free
public schools throughout the State,
and shall also make provision for the
division of the State into suitable
school districts. There shall be kept
open at least six months in each year
one or more schools in each school
district.
1t will be seen that it is not left
discretionary with the legislative
power whether it will provide sys
tenn of free schools, and divide the
State into school districts, and whether
it will close the schools whenever it
may see fit to do go, but it is peremp-
torily.providcd that the General As
sembly shall provide system Of free
schools, that it shall divide the State
into school districts, and finally, that
such schools shall be kept open for at
least sac mouths IN cach gear. Now,
then, if the inhabitants Of the school
districts fail or refuse to make the as
sessment required, and the State ap-
preparation is for that reason with
held, how could the schools be kept
open and supported for six months
without money? The mere statement
of this proposition is enough, it would
seem, to show the uncpnstitutionality
of the act to any unprejudiced mind,
capable of appreciating and under
standing the question, but if more
proof is needed, we have it more di-
rect and clearer. still in section 5, Of
the same article, in these woods
1.-THE General Assembly shall levy,
at each regular session after the adop-
ton Of this Constitution, an annual
tax on all taxable property through
out the State for the support of pub
llic schools, which tax shall be col
lected at the same time and by the
same agents as the General State levy,
and l.all be paid into the Treasury
of the State. And now as to the
manner of distribution. The school
tax shall be distributed among the
several school districts of the State
in proportion to the respective num-
ber of pupils attending the public
schools"
No conditions are prescribed that
the inhabitants are 10 do anything
themselves in order to secure the ap.
preparation, nor is any discretionary
power lodged with the General As
sembly to prescribe conditions Oh
withhold appropriations, but the fun.
damental law simply says the Gener-
al Assembly shatl levy an annual tar
and that annual tax shaU5e dsstri6u.
ted according to the number of pupils
Now, if we take glance at section
4 of the same article, it will be seer
that all children between the ages o
six and sixteen are required to attenc
school as soon as 3 g neral system o
free schools shall have been establish
ed which has been done. There
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