The Daily state journal. [volume] (Alexandria, Va.) 1868-1874, 1873-03-21
FRIDAY EvEN'G, MARCH 81, 1878
The Free.schools and Coupons.

The Frec.SchoOIs and Coupons.
The action Of the House last night in
promptly passing the bill to prohibit the
receiving of coupons for all portions of the
public revenue set apart by the constitu-
ton for public free-school purposes and for
the permanent literary fund, cannot be too
highly commended. The bill was sup
ported by Messrs. O'Ferrall, Riddle
barger and Deneale, and opposed by
Messrs. Poague, Brooke, Daniel and Rob-
ertson, and was passed, after gallant fight,
by majority of thirteen votes. We were
not present during the earlier part of the
debate, and consequently heard only the
the argument of Mr.. Deneale in advocacy
of the bill. The ground taken by him APP
peared to us entirely unanswerable. lie was
to the effect that the constitution Of the state
had sacredly set apart, as permanent and
perpetual literary fund, all the present
literary funds of the state, the proceeds of
all the public lands donated by Congress
for public school purposes, the proceeds OF
all escheated property, of all waste and
unappropriated lands, Of all property ac-
cruing to the state by forfeiture, and all
fines collected for offences committed
against the state, with such other sums as
the General Assembly might from tire
to time appropriate and that the consttu-
ton further pro ,ided that the General AS
,o,,1bJ,, should oornoIly opnlv tho iptnynct
on the literary fund, thus augmented, to-
gether with the capitation tax provided for
in the same instrument, and an annual
tax upon the property of the state
of not less than one nor more
than five mills, for public free-school
purposes, and for the benefit of all
the people of the state in that regard.
These were the imperative provisions Of the
constitution, and could not be set aside by
any mere legislative action on the part OF
the General Assembly.
Mr.. Deneale showed how these require
meats of the constitution were practically
rendered null and void by the coupon pro-
vision of the funding bill Of 1871. By the
construction given TO that bill by the Su.
preme Court of Appeals, the whole tax
levied by the state might be paid in these
coupons, without bringing dollar into
the treasury to meet the requirement:
of the constitution in regard to the public
schools. If, according to the deci
sion of the Court of Appeals, al
deb.s and demands due the state could b.
paid in these coupons, there was an end t.
this constitutional requirement, and nothing
could avert the calamity which the Super
ntendent of Public instruction apprehend
ed in regard to the public schools. VIVA
the Legislature could not do directly in tn
the diversion Of the school fund from ii
legitimate purposes, Mr.. Deneale claime'
could not be done by indirection
and that the act of 1871 should have ex
empted that portion Of the public dues de
voted to free school purposes from pay
ment by coupons. He claimed that tn
act was unconstitutional, IN that it made n
such exemption; for the language of tn
constitution was imperative compulsory
in fact-upon the General Assembly
declaring that that body shall set apar
so much of the public dues 70
free school purposes. The fundin
bill, then, was inconsistent with the re
quirements Of the constitution, which
clearly set aside IN Its practical opera
tions. 81
Mr.. Deneale disclaimed any intention
rejecting upon the Supreme Court Of Ar
peals, and believed that the bill, if passed
would raise new question for that coul
TO decide. lie did not look upo
the funding bill as any more il
violable than the constitution, nc
did he believe the court would so regard j
He appealed to the friends of educatio
turning to the Republican side Of I'll
House, 10 stand by him in averting til
danger which now threatened the fre
school system Of the state. The speech
Mr.. Deneale was earnest and able, an
as the vote was taken Immediate
after it was concluded, it manifestly ha
great weight with the House. 1t was
Waterloo defeat of the "inviolabity" a
of the original funders, and is one mo-
nail driven into the coffin in which that i
famous scheme will ultimately be buri'
out Of sight.
F7ti-t ----------------------------
THE PHYSIOLOGICAL JOURNAL,
April, is one of the best numbers yet
sued. The table of contents is of cha
acter to attract all classes of readers,