The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1872-11-27
An Argument Submitted by the Attorney Gen
raj In Behalf Of the Commonwealth.

An Arzumen. Submitted by the Attorney Gene.
raj In Behaifot the Commonwealth.
The questions now under consideration
are so important that it is proper that |
should first direct the courts attention to
certain sections of the Constitution of Vir-
ginia.
The free school system seems to have
been pet with the late Constitutional
Convention.
So cherished was the idea of establishing
a system Of free schools in the State of
Virginia, that the Convention threw around
the funds which were to be raised for the
support of the system certain constitutional
guards, which cannot be broken by any Of
the departments of the State government.
The general provisions relating to this sub.
ject are to be found in article of the Con-
stitution. By the third section of this ar
ticle, it is made the duty Of the General
Assembly at its first session to provide by
law a uniform system Of public free schools.
The 7th section ordains as follows: "The
General Assembly shall set apart, as
permanent and perpetual literary fund, the
present literary funds of the State, the pro.
ceeds of all public lands donated by Con-
gress for public school purposes, of all es.
.
propriated lands, of all property accruipg
to the State by forfeitures, and all fines
collected for offences committed against the
State, and such other sums as the General
Assembly may appropriate"
By tho 9Th section it is further ordained
that tho General Assembly shall apply
the annual interest on the literary fund,
the capitation tax provided for by this
Constitution for public free school purposes,
and an annual tax upon the property of the
State of not less than one mill nor more
than five mills on the dollar, for the equal
benefit Of all the people Of the State, the
number of children between the ages oil
five and twenty-one years, in each public
free school district, being the basis of such
division
and by the 9Th section of article 10 it is
further ordained that the General Assem-
bly, may levy tax, not exceeding one dol
lar per annum, ON every male citizen who
has attained the age of twenty-ono years,
which shall be applied exclusively in aid o.
public free schools. = 1t is appa'
rent from the foregoing sections Of the Con
stitution that there has been by the Conven'
ton designated q special fund for The
support of free schools in the State Of Vir
ginia, which cannot be touched by tn,
General Assembly or any other power ir
the State, for any other purpose. TIL,
capitation tax, all fines and forfeitures
escheats, the interest on the literary fund
and the tax on property of not less thar
Que mill nor more than five mills on tn,
dollar, constitute, by the term of the con
stitution, special trust fund for designat
ed purpose. 1t may be safely assumed tina
from oil sources, this special trust fun'
would annually approximate the sum Q
81 100000. II the General AssembI,
could by law divert this fund from the Us
of free schools for one purpose, it might d
so for all purposes. Can this General As
sembly lawfully authorize the payment {
this special fund into the treasury in any
thing else than money? Can tho General Al
sembly direct by any law the payment I
the sum to be raised for free schools
anything other than money! II the Ger
eral Assembly has the power by law
: declare that the sum to be raised for Il