The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1871-09-28

any supposed change in the school law
or taken upon the authority OF any
statute, but it is probably based upon
their view OF the latter clause Of section
2 OF article 10 OF the Constitution. The
question involved is important, and l
am informed that this question or one
of similar import, is pending in the
United States Circuit or District Court
and also in the Supreme Court of APP,
peals of our own State. If permitted
to do so, it would be gratifying to await
the adjudication of these high judicial
tribunals, but the delay and confusion
necessarily incidentto such action on the
part of the school authorities would be
extremely detrimental to the high and
sacred interests committed to their
charge.
The forty-fourth section Of the school
law, makes it the duty OF the Boards OF
Education annually, with the assent
of the voters of the township" to levy a
tax in each township for the support of
primary free schools therein; and upon
the failure of any such Board, to make
such levy, they shall be compelled to
do so by writ OF mandamus. No time,
place or manner is prescribed in this or
any other section OF the law, for open
ing a poll or holding an election to OBJ
tain the "assent of the voters OF the
township" to such levy. Where or
when this election shall be held, who
are to conduct it, ascertain and certify
the result, our school law nowhere pro-
vides; and in my opinion, the represen.
tatives of the people who framed and
made this law, did not contemplate or
intend that the assent Of the voters of
the township" to the township school
levy should be obtained or expressed by
township election held for that pur,
pose. Each township elects its Board
of Education; this Board is presumed
to know and reflect the views and wish
es of those who voted for them, on this
as upon other subjects, and the law
clothes these representatives of the
voters OF the township, with the power
to give their assent to the school levy.
This view OF the question, it is thought
is clearly deducible from the law, as it
now is; but it would seem to be con-
firmed or at least strengthened by the
fact that such an election was provided
for in some Of our former school laws,
and seems to have been purposely
omitted in the present law.
The second section of Article 10 ofthe
Constitution, declares that the Legis'
lature "shall also provide for raising in
each township, by the authority Of the
people thereof, such proportion Of the
OF the amount required for the support
Of free schools therein, as shall be pre-
scribel by general laws" How the
wishes of the people Of the township, on
the subject of the township levy, are to
be ascertained and expressed, or their
authority n this reargd, exercised
whether directly by themselves as.
sembled in township meeting, or
by township Board OF Educa-
ton of their own selection, or
some other agency created by law-the
Constitution does not prescribe. The
organic law being silent on the subject,
it devolved on the Legislature to pro.
vide by statute some specific mode by
which the will Of the people Of each
township should be expressed and their
authority exercised. II, then, the Leg
islature has thought proper to provide
for each township a separate Board OF
Education, having general control and
supervision of the schools thereof, with
power to reflect the wishes and exercise
the authority Of the people in all other
respects touching the interests of free
schools, it would seem that the clause
of the Constitution now under consid-
Grafton might not be infracted by the
Legislature, in providing that this
board, elected directly by the people of
the township, should, q, the author
lied agents OF the very people by whom
it was elected, exercise the authority Of
that people aud make for them and by
their authority, their township levy for
free schools, without any other sanction
than that given by the people OF the
township, at the time of the cleo
ton of the members OF this board by
the free and voluntary suffrages of all,
or a majority Of the voters of the town
ship. In the view here taken OF this
question, it may be adm tied that if the
wishes of the people Of the township,
on the subject of this levy for school
purposes, should, in any authorized
legal manner be ascertained and made
patent to the Board of Education, 1t
might and likely would be the duty OF
board to pay regard to and obey the
will of the people Of the township. In
our government, in theory at least, the
will of the people is almost omnipotent,
but that will, TO be effective, must be
expressed in some form prescribed by
law.
1t is understood that several OF our
Circuit Courts have decided that the
township Boards Of Education have the
power to make this levy without any
other assent Of the voters" or "authori-
ty of the people" than is given by law
and implied by the election of the mem
bers composing it by the people of their
respective townships. So long as these de-
cisions are unreversed by higher judicial
authority, it seems to me that the school
officers of the State can safely act under
them. In the meantime, / recommend
that the several Boards of Educstion
proceed to make their levy as hereto
tore, without regard to any vote that