Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1871-03-03

commissioners they levy the school tax,
and in their treasury is kept the school
fund, and their Treasurer dlsburses the
fund, upon the order of the school COM
mittee.
The only thing that initiates at all
against this view of the case is Sec. % OF
the School Act, which provides that. Gin
case any township, at the annual meeting,
shall fail to provide for schools" &C.,
1.-The school committee shall Immediately
forward to tine county commissioners an
estimate of the necessary expenses. and
tax, equal to the amount of such estimate,
shall be levied on the township by the
county commissioners, at the same time
that the county taxes are levied &c.
| This would seem to indicate that the
township trustees are to levy school tax
on the township property and upon their
failure to do SO the county commissioners
| shall do it.
It will be observed, however. that 1t
does not say SO in terms. It does not say
township trustees, but simply township
If any township" shall fail, &C. And
this may refer to the township school com,
nnittee instead of township trustees. Aud
as it relates to school matters, with which
the trustees have nothing to do, 1t ought TO
be understood as referring to the school
! committee.
But even with that explanation, it must
not be understood that the school commit
3 tee any more than the township trustees,
: have any taxing power for school purposes.
a The 25tb section will be further explained
: bv reference to section %. which makes II
p the dury of thesschool committee annually
= to report an estimate OF what Is needed
: for schools, to the township trustees AND
q the township trustees are to report TO the
, county commie SiOnerS, and to the Super
s iptendens Of Public Instruction. And WI
9 suppose that section % means that If tn
= township trustees fail to make such report
Is then the tchooi committee shall make tn
report dir, city to the county commits
siODerS.
The object of the report to the CONT
commissioners being that they may know
IL what county taxes to lay for school pnl
! poses. The school tax is to be geaeral &c
Il the c unity ana then to be apport1one
ont among the tOwuship0 acc riding to tn
! nnu1Eer Of children in each. And tn
y whcle fund is to b. in the hands OF To
10 county treasurer, and he Is TO open al at
= count with each township and disburse I'll
money upon the orders OF the school con
mittee.
A. But it ia to be further considered tn
as not even the county commissioners hay
ia the entire control Of public schools
On the contrary, it was considered
t. matter If such paramount Importance IN
Yr its supervision Is reserved tome o'a'o D
1t self.
ell The Constitution. Art. TX. declares tn
81 E"raiigiou, morality and knowledge are II
at ceasary to good government and tne Ia
i'll uIuess Of mankind, and makes it the du
b, of the ''Genernl Assembly to provide, |
n taxation aud otherwise, for u general al
50 Uniform system of public schools" 1t ali
ut provides for State b0srd Of educatlt
l. and n superintendent; aud the Gener
" Assembly has made liberal appropriate
ut of the taxes. and an additional $lOU'o
it. for school purposes 30 1t VIII DO ST.,
re that the Constitution establishes the pul
as lie school system. and the General Assel
RS bIv provides for it by its own taxing POI
At err. and by the taxing power OF the cou
ue ties. and the State board OF education,
ID, the aid of school committees, manage
e. Tt will be observed that it is to be a ''sJ
or tenn. " it is to be general" and it Is
It be uniform" 1t is not to be suolece
ed the caprice of localities, but every local.
ed YEA. every child. is to have the same 1
Fl vantage. and be subject to the same TN
raj and regulations.
ant But would this be if every townsi
- were allowed to have its own regnlatIt
vas and 10 consult its own cap1lces
Ose In some townships there would be
uld schools: in others inferior ones, and
be others extravagant ones, to the oppress
> ~ of tue tax payers
There would be no ''uniformity"
but little usefulness, and the great ain
the the government in giving MI OF It's c
zens a good education would be deteai
of 1t IS mistake 10 regar4 'no Punlio
and tenn as mere cnalI.! NJ Gonot
ntil ernmental consluol t 49, b;Ia ..ohoU
20 . tend" school, and one is not generally
nv ouired to accept charity. 1t is a 6
truth. that kno Wedge is necessary to g
had government; "ltnout ~ ING lAo ", ~
+ha continuance, consuming what he prod
the ana aoolng noInle W ;n,oo;rs tba
tons strength; the voter is Ignorant
Sim men and measures, and exercises his
nor and duties at venture; art and SCI
;eot lanpuish; and the whole nation IS lmOt
~ and must rank low with the powers OF
world, to cay nothing of the lntere
~. morality and religion.
Therefore it is. that, looking only t
IN. own existence and prosperity, the
must take charge of the education
90 Tn citizens.
The conclusion is that townships
not the power of taxation for school
anIy, poses, either through their Trustee
pow" Committees. Nor has county the p
to lay township taxes, as dlotIngul
w. from the general county tax Tor school
pow poses, the equation OF taxation mus
81 observed.
CIV There was error in dissolvins the
20 junction. The oder Is reversed an
Zoe iDiunc tion is made perpetual.
Trus-
alter,