The weekly register. [volume] (Point Pleasant, Va. [W. Va.]) 1862-1909, 1873-10-16

Of Equity h1s jurisdiction; but The case o.
Seymour, it seems to me, is within the
rule in the case Of Downs, VS. City o.
Chicago / Walncc, lOS, aud tie case
Of White Sulphur Springs Company, vs.
Holly, i West Va, j97; and a Court o.
Equity has 10 jurisdiction, but my associ'
artt differ from me in this respect aud hold
TIA, Court Of Equity has jurisdiction in
both eases.
The lcyic5 which it is chimel are iIo
gal were made By the Boards of 4 luaation
Of the two townships, without giving to
the voters Of the townships an opportunity
10 vote for or against the said lcves, and
for this reason they are claimed to be iIo-
gal
The power Of the Boards Of Education
to assess taxes is derived from legislation
founded on the last clause of the q sec
of the 10Th Art of the Constitution which
provides that the Legislature "shall also
provide for raising 10 each township, by
authority Of the people thereof such a
proportion of,hC amount required for the
support Of free schools, Ms Shall be pres.
cribcd by general laws"
The policy and purpose Of the consliiu.
ton manile,tIy is to provide for raising in
each township, BY the authority Of the pco.
pie thereof, as contralstioguishCl from
the authority of tho people Of the State or
county, certain sums Of money for cduca.
tional purposes to be used exclusively in
the townships when raised,
The Legislation to carry into effect this
provision of the constitution has not been
Uniform. Substantially the same quest.
ion in part was decided by this Court 10
the case of Kuhn VS.. Board of Education
Of WeIIsburg and others, 4 W. Va, 400.
10 the case of Kuhn the controversy
grew out Of tho "Act to establish the
School District Of WcIsJurg, in the coun.
" of Brooke"
The 18th section Of the said Act pro.
vidcs that: 1T shall be the duty of the
Board of Education of said District to
meet on the third Monday in May, iu
each year, anl levy sum not exceeding
the rate in this act, provided, upon all the
property 10 the district for the support Of
Of the Union school for a period Of not
less than five months in each year" &c.
Under the provisions of this section, the
Board Of Education of tire District Of
Well,barg, levied taxes. Kuhn compIai.
ned that the act was unconstitutional, and
the levy void, amoOg other rcasous, be.
cause the act allowed taxes to he levied by
the Board Of Education aud they were so
levied. without the vote Of the people of
the District Bat this Court held, Judge
Moore delivering the opinion, that "'IbG
mode prescribed by said act for raising the
money for the support ot,bc schools with.
in said District, is not unconstitutional,
Jcclasc the money is levied lOr, by the
Board Of Education, selected by the voters.
whj are thus constituted the authority Of
,he people, in the district, for TIA! pnrp.
use.
The cyics in the cases before us were
made under the list aud ll;h sections Of
chap. 40 Of the Code and depend entirely
on The construction to be given toSajd Sec
tons.
The 4lst section provides that: "To
onable the Board Of Education Of any
township to provide school houses aud
grounds, furniture, fixtures and appcuda
yes aud keep the same in good order and
repair, pursuant to the tbirry.scycn,h sect.
ion, and to pay the principal aud interest
Of any loans made pursuant to the forty,
third section, they may Annually levy Q
tax On the property taxable in their town,
ship, not TO exceed in any one year the
rate fifty cents on every one hundred
dollars valuation thereof &c.
Part Of the cyics 10 each of the case,
before US was made by the Boards of Ed
ucatiou under the said 4lst section, &C
provide school houses aud grounds, fQrni.
ture, fixtures" Sc.
The language OF this section is subsan.
tally the same as that Of the special act il
the Kuhn case, as to the power of III,
Board Of Education to make leyics, aud
as was held il the Kuhn case, the loyieS fol
building purposes are legal and binding
without submitting the question to the yo
ters Of tue toSush.p for ratification or re
lection.
But another part of tue leves in each o
tue eases before US was made under tht
lib section Of said chapter, which pro
yiles that: "For the support of the pri,
mary fee schools Of their township, and
IN each independent free school district in,
GLIDING all expenses thereof not charged,
bic to the building fund, the board of ed,
ucation shall annually as soou as possible
after the appOrtioDmont of tue State fund
rith he assent cfhe coters ofihe township
levy such tax on tho property taxa,
bic 10 the township or district, US will