New Orleans Republican. [volume] (New Orleans, La) 1867-1878, 1871-03-28
THE SCHOOL TAI.

The question at issue between the
Board of School Directors and the City
Council seems to be in fair way Of
speedy adjustment Like every other
school law that has been enacted since
the adoption Of the constitution of 1868,
the one passed at the last session must
first be interpreted by the courts, not
only the district tribunals, but the Su-
preme Court being required to pass upon
the merits Of the new experiment. The
question presented is purely one Of con-
struction of law. There is not, to our
knowledge, any disputed point Of fact
in the case, and q disposition has
been manifested ON the part of
the respective itigants to get the
case before the Supreme Court
squnrely ON its merits, Invested OF all
technical quiddets, which many people
suppose were merely invented for delay
and vexation. As legal question it is
rather one for the judges to consider
than for the newspapers to discuss; but
that our readers may gain an insight into
the case, we will present briefly the lead
ing points, pro and con:
First, the constitution directs in man.
datory terms that the Legislature shall
establish at least one free public school in
every parish throughout the State. and
shall provide for its support by taxation
or otherwise. Another section provides
that the Ge neral Assembly shall levy
poll tax for the support of schools and for
charitable purposes, not to exceed, how
ever, one dollar and fifty cents per annum.
In pursuance of the authority, or rather
in obedience to the requirement to estab-
lish at least one free public school in the
parish Of Orleans, and provide for its
support by taxation or otherwise, the
Legislature at its last session enacted the
following section:
Act No. 81
Sec. 7. Be it further enacted, ETC., That
the Board of School Directors for the
city of New Orleans shall, Immediately
upon their organization, and also at the
commencement of each year thereafter,
ascertain the amount Of funds necessary to
carry ON the schools under their charge for
the current year, and report the same to the
Board Of Administrators of the city Of New
Orleans, who shall, at such time as they
may deem necessary, levy the amount on
the taxable property of the city, and direct
the same to be collected in the manner and
at the time by them deemed most desirable,
but the time shall not exceed six months
from the date of their notification of the
amount required.
The language of this section is con-
strued by the school board as being spe-
ciically mandatory upon them, as well
as upon the City Council. The only dis
cretion allowed the former is as to the
amount of the funds needed, and to the
latter the time for the collection of the
tax when ascertained, and this discretion
in regard to the Council is limited to six
months from the, time Of being notified
While, however, the school board regards
section seven Of act No. as q specific
order of the General Assembly for the dis
charge Of public duty by the board
and the City Council. the latter contends
that section seven Of act No. ~ of the
same session, commonly known as the.
revenue act, prohibits an assessment for
any purpose or more than two per cent
on the taxable property. The following
l. the section referred To-:
SIC. Z. Be it further en.cted. etc. That