Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1872-03-29
TIE SCHOOL MILL TAT.

To the Editor OF the journal:
In answer to communication appearing
in the 'sDaily journal March 18th, titled
''School Mill Tax" and signed "Joannes.'
the following is respectfully submitted as ex
pressing my opinion in relation TO the eonst-
tutionality of the ''School Mill Tax act.
Is the '.schooI Mill Tax" Constitutional!
BY act Of Legislature approved Feb. 81,
1872, "a tax of one mill per dollar is annually
assessed upon all the property in the State
according to the valuation thereof and shall
be known as the mill tax for the support Of
schools" This act contributes additional
aid in the support Of public schools and does
not release the towns from any school tax
imposed upon them by the legislature The
Constitution, Art. VIII, provides that 1.-THE
Legislature are authorized and it shall be
their duty to require the several towns TO
make suitable provision, at their own ex-
pensc, for the support and maintenance of
public schools" The State thus establishes
free schools, (See debates on Constitution of
Maine, p 205) and insures basis for definite
form and amount of revenue. The form
determined by legislation was that Of taxa
ton upon town property, not by rate bills, as
in Connecticut; the minimum amount was
also determined by act of Legislature 1921
and was fixed at forty cents per capita. In
1853 this was increased to fifty cents; in 1851
to sixty cents; in 1865 to seyenty-h cents;
in 1865 TO one dollar, and in 1872 reduced to
| eighty cents.
The right of the State to establish a sys-
TEN of free schools must therefore be regard
ed as clearly determined. ''To promote" the
same the authority and duty of the Legisla-
ture to require the towns to raise specified
sum, more or less, in support and mainte-
nance of schools are in like manner nppar-
ent.
As the Legislature is the sole Judge of
what constitutes ''suitable provision on the
part Of the towns, the simple question then
bearing upon the Constitutionality Of. the
''mill tax" act is whether the State may con.
tribute anything in aid of public schools,
still requiring the towns to make suitable
provisions for support and maintenance of
the same.
1st. Nothing in the Constitution forbids the
Legislature to contribute to the support of
schools in the manner proposed by the ''mill
tax" act. "There are no limits to the power
of the State Legislature except what are i'm
posed by the Constitution of the State and of
the CnitA States" [Fessenden counsel for
ptf. Durham VS.. Lewiston, Me, 4, no
1920. Gan laws enacted by the Legislature
are presumed to be constitutional. The act
under consideration (Pierce VS.. Kimball,
Miller. c. j., Me. IN, 80 does not certain
ly with clearness appear to be otherwise
We conclude with the language Of Marshall,
Chief Justice, in the case Dartmouth college
rs. Ijoodman. 'On more than one occasion
this court has expressed the cautious circum-
spection with which it approaches the con-
sideration Of such questions, and has de-
clared that in no doubtful case would it pro-
nounce legislative act contrary to the Con-
stitution." To the Legislature belongs all
power not expressly forbidden in the Nation
al and State Constitutions and in doubtful
cases the Legislature has the benefit of the
doubt "The Legislature shall have full
power to make and establish all reasonable
laws and regulations for the defence and
benefit of the people of this State not repug
nant to this Constitution nor to that Of the
United States" Con. of Me, Art. ", Sect
-" When the Legislature decides that an
act is reasonable and for the benefit of the
people, as it does by making the enactment
under the sanction of an oath to support the
Constitution, that decision must be conclusive
ton and be not made colorably TO effect one
purpose under the appearance of cffecting
another" when the question is one of ex-
pediency, merely the decision Of the Legisla-
ture that it is reasonable and for the benefit
OF the people is conclusive" (Moore VS.
Veazie, Shepley, c. j., 1850, Ne. 81, 343).
ID. The "nill tax" act is in harmony with
the expression of the trainers of the State
Constitution. Says Judge Davis, when Art
WIZ, Literature, was under discussion. 'sIhe
duty will be imperative on towns to maintain
free schools at their own expense In addi-
ton to the means Of support of these schools
derived from towns, it is anticipated that the
wisdom of future legislators will, as soon as
the finances of the State permit, grant per-
manent funds for their constant maintenance"
! (See report of Debates on Constitution, p.
20G).
81. One of the earliest acts of the Legsla-