The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1874-08-14

of time. This district existed de facto
if not dejure for the contrary does not
appear, when the legislation of 1859
was bad. and from that time to the pres.
ent it has assumed to possess and exer.
else all the frachises which are now
brought in question, and there has since
been a steady concurrence of action on
the part of its people in the election of
officers, in the levy of large taxes, and
in the employment OF teachers for the
support of high school. The State
acquesced in this assumption OF author
ity, and it has never, so far as appears,
been questioned by any one until after
thirteen years user three individual tax
PAYERS out of some thousands, in suit
Instituted on their own behalf and TO
which the public authorities give no coun-
tenance, come forward in this collateral
maner and seek to annul the franchises.
To require a municipal corporation, after
so long an acquiescence, to defend in a
merely private suit the regularity not
only of its own action, but even of the
legislation that permitted such action to
be had, could not be justified by the
principles of law much less by those of
public policy The Legislature, recog-
nizing this principle, has established for
school districts what is in effect very
short act of limitations comp. l.. sec.
1891 J providing that every school dis
trict shall be presumed to have been
legally organized when it shall have ex-
ercised the powers and privileges of a
district for the term Of two years
Whether or not this case is strictly
within this statute, so that the objection
would not be considered after two years,
it certainly will not after thirteen years,
The general objection which this bill
raises to these taxes is that there is no
authority in this State to make the high
schools free by taxation levied on the
people at large. The argument is that
while there may be no constitutional
provision, expressly prohibiting such taz-
alton, the general course OF legislation
in the State and the general understand
ing of the people have been such as to
require the court to regard the instruc-
ton in the classics and in living modern
languages in these schools as in the nat.
ure not of practical and therefore necess-
airy instruction for the benefit of the peO-
pie at large, but rather as accomplish
ments for the few, to be sought after in
the main by those best able to pay for
them, and to be paid for by those who
seek them, and not by general tax; and
that not only has been the general State
policy, but this higher learning of itself
when supported by the State, is so far
matter of private concern to those who
receive it that the courts ought to de
clare it incompetent to supply it wholly
at the public expense.
The court expressing no little surpr Use
that the legislation and policy of our
State should be appealed to against the
right of the State to furnish liberal
education to the youth of the State, in
schools brought within the reach of a Il
classes, proceeded to review the legisla-
ton and general course not only of the
State but of the antecedent Territory On
the subject, noticing and abiding to the
following laws and other acts in this re-
gard viz: The provision of the ordi-
nance of 1877 on the subject of the dis
emination of knowledge by means Of
schools the act to establish the Cath
oliphistemaid or University of Mich
gania, adopted August 26, 1917; the
act of of 1921 repeating the last named
act and establishing colleges, academies
and schools depending upon the said uu-
iversi:y the act of 1927 for the estab-
lishment of common schools; the act Of
1888; the article on education in the
Constitution of 1885; the first and the
second executive message after that Con-
stitution went into effect the report of
the Superintendent of Public Instruc-
ton Pierce; the reports of the Superin-
tendent of Public Instruction for the
years 1S4S and 1S49; the seedlings
of the constitutional convention of 1850
on this subject and the Constitution of
1850; and conclude that if these do not
demonstrate clearly and conclusively a
general State policy, beginning in 1917
and continuing until after the adoption
of the present Constitution in the direc-
ton of free schools in which education,
and at their option the elements of class.
ical education, might be brought within
the reach of all the children of the
State, then nothing can demonstrat it.
Neither in our State policy, in our Uou-
stitution or in our laws do we find the
primary school districts restricted in the
branches of knowledge which their off.
GERS may cause to be taught, or the
grade of instruction that may be given,
If their voters consent in regular form
to bear the expense and raise the taxes
for the purpose.
1t was also objected that the district
had no authority to appoint Superin.
tendent of Schools, and that the duties
OF superintendency should be performed
by the district board.
Held, That the power to make the
appointment was incident to the full
nh, Il. L.. L. IL