The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1872-11-16
THE SCHOOL LAW.

We trust that the Legislature, In re-
.nsc.ing the school law. will make only
such changes as are rendered necessary
BY the new Constitution. The various
boards Of school officers and the people
generally have become in good degree
accustomed to the workings Of the pres
emit law, and the efficiency Of the system
will necessarily suffer from any radicsl
change. One Of the chief disadvantages
under which the free school system has
labored ever since it's establishment in
West Virginia has arisen from the
frequent changes in the law.
Nearly every legislature that has
vet assembled in the State has felt it
self called upon to tinker with the
.cbool Law, aad the people had no SOON
er begun to make themselves familiar
with its provisions than come sweeping
change was ordained. We hope that
this will no longer be the case. The
present law might doubtless be inn
proved upon in some particulars, but
the advantage to be gained thereby
will scarcely compensate for the tenn
porary damage that will result from
change.
Notwithstanding the abolishment OF
the township plan Of county organiza-
ton, the school district system may and
We believe should be retained. The
boundaries OF the school districts, now CO.
terminous with the township lines, may
still remain, although the subdivision
of the county for other purposes may
be destroyed.
There is some change in the law
rendered necessary by q recent de
cision Of the Supreme Court of Appeals
The decision in the leading case was
pronounced orally and We cannot speak
positiyely concerning the points in
yolved. We believe, however, that II
was in relation to the authority OF the
School Commissioners in any county
to levy a tax for school purposes wlthou
first submitting the matter to vote o
the people. Tie language of the forme
Constitution was nearly Identical with
that of the new one in this particular
and gives to the Legislature powe
to enact q law for raising
in each county or district, "bv the gu
thority Of the people thereof" the re-
ouisite amount Of money for the cup
port of free schools. The present Cod
provides that the Boards OF Education
may, with the assent Of the voters o
the township" levy such tax as ma,
be necessary for school purposes, though
il also renders them liable to punish
ment il they fail to levy the tax. On
information is that the Supreme Cour
has decided that 1t is necessary to refe
The question wneIurr .-~,.----
to pay tax that year for the supper
OF free schools.
If this be correct, it seems to US tina
the law should be changed, if possible
90 as to embody that construction o
the phrase in the Constitution, 'by tn
authority OF the people thereof" as vii
make the act Of the Board of Educa
ton the act Of the people and obviat
the necessity of yearly popular vot'
in each county or school district as t
whether a tax shall be levied for schoo
purposes or not. The cumbrous ma
chinery necessary for taking popular
vote upon the question will do much t.
bring the whole system into disrepute
Experience under the present system
has shown that the people generally
do not desire to vote directly upon thu
question, fer while the universal prac'
tice OF Boards OF Education has beer
TO levy the school tax will ont referring
the question to popular ballot. ther,
has been no complaint except in thu
two or three cases recently decided by
the Court Of Appeals. We think it il
safe to assume that the mode OF levyius
the tax now generally practiced is ap
proved by nine tenths OF the people. anC
that il the present law does not author
ice it, the new one should. We know
Of no other changes in the school law
that it will be necessary Tor the presen
Legislature to make.
A CONVENTION to revise and amend
the Constitution of the State OF Penn
ayI,on;, 20 no- - oa.,,oo -, Hal,