The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-11-28

II IS claimed that the debt is older than the
constitution and it is only recognized by it as ex-
istng, ana Is not created by that the school
system Is created by it, aud that hence the debt
being Oldest and an obligation, revenue arising
no matter bow must first be applied to it.
ForIunately THIS very constitutional provision
| as 10 nnes is put re enactment of law, older
than our debt The Legislature. by law passed
| February I'd, 1870 enacted that all escheats con
| fscatlons fines, penalties and forfeituYes i <
shall be appropriated to the encouragement of
learning, and the auditor was directed to open an
account 10 pc designated the Literary Fund. SEES
sion acts loC9,!o, page 10; Code 1878 page &c., n.
W men lhe creditor was investing in bonds, this
Is Ieia 10 Know that no part OF the fines could go
| TO ms debt. He loaned his money knowing he
was 10 get no part OF the fines, that they were
dedlcated so long as the law stood to education
ana thls law became part of his contract, so to
SPEAK. All that the Constitution did, was to so
adhere to this policy that it put it beyond legis
lative repeal. So the ground upon which the de-
clslon rests, proves usubstantional the priority
debtor seeking to pay fines in coupons The doe
trine OF priority would reverse the case. The
same is true as to the capitation tax. The Con-
stltutlon OF 1851, sec. a. art. W, dedicates
molety or capitation tax equal to the tax assess
ed on land of the value Of $500, to the purposes
first Legislature under this constitution dedicat-
ed the other moiety to the same purposes, and 30
the law stood up to the present constitution.
Much OF the debt was contracted after this was
| the law. and creditors investing in our bonds
knew they were to get no part of the capitation
schools and not the creditor should get this rev.
enue
This.article is growing too long; we hurry to
aotice the school tax on property. The language
OF the Constitution requires this tax to be levied,
no matter if any other be levied not. When
once the Legislature exercises its power and
makes this levyits power is exhausted and it can't
levy again its powers are gone for tn year. and
II this fund be misapplied, there is no right to
make a new levy But it is said the Supreme
Court OF the United States will reverse any de-
decisions it has held that contracts like The fund
ing Dill can not be repealed.
Just this case they have not passed on 1 mean
that this court has not held that when q consti-
tuition dedicates fund go nomine to a certain |
purpose Ito schools. that legislature, wit pow
ers derived from and under that Constitution, |
can, by contract based on any consi Iteration bar
Ter It aWay.giye it to any creditor; For one do
this pro vision for schools a legislature acting
under under the powers conferred by it, passed the
Funding Bill" Suppose there was purpose to |
destroy the schools. Under the constitutionaIly |
enacted funding bill you could do it by giving the |
credito RS what.was meant by the trainers Of the |
Consti tuition for the schools. AS apart of the M
lltlcals history OF the times we know we had the
term OF providing for schools, general system
cameo back (?) into the Union on these terms. 7
do n IT believe this court will by their decision
sane ltion the destruction of the public schools
Ourc legislature. the judge OF what taxes the peo
pie e an bear, and they acting for the people, as
sol judges, have said mo increase" and no in
crea means their early death, anIess 1ce adjust.
have INDUCED in this line of argument NOT TO |
revoke contest, but to show we can secure an
adjustment and that really the creditor is not be
yond reach, il he will not meet US in fair settle
ment.
I have been induced to submit this plan in an
earnest nope, That may in some way help arrest
public attention and aid in bringing our own Deo- |
pie to an agreement. that we may go united, to |
the creditor, and with single proposition one
we would never make but to secure quiet and
peace at home and have our debt honoraby set :
tied even in the eyes of our harshest Judges
In proposing bond NTH tao receivable COUPONS | 1
I am not unmindful of the unwsdom of this fea-
ture in the Funding Bill" For none can colI-
denim it more than l, as an original proposit ion.
That it was unfortunate legislation few will deny.
That one Legislature, agents and servants of the
people, should pledge beyond recall and con-
troll, the revenues OF the State for q generation
no matter what may be her wants and necessities,
and annul the power OF future legislatures chos-
en- in the same way and by the same people, is 4
fearful exercise OF power, to say the least. :
If knew how to repeal this now famous bill I |
would do it cheerfuly, etfectually swiftly, but in
the line OF repeal our pathway is environed with [
difficulties.
This plan proposes that the people, the source 1
of power, shall directly sanction and approve this
pledge OF the revenues of the State, nay shall off
er it through their Legislature. AS aw-maker
without their sanction, as an original propo- T
sition it would never receive my support as one
of the people to secure quiet. to settle this vexed
question, to remove it from the Hastings, from
the Courts, from the Legislative Hail. will earn
eStly support it,
The wise lawmaker must reduce this plan to
shape; that it will result in an adjustment hon
is an honest, earnest effort; If we fail we have
done duty and the sin will not be at our door
We shall have offered to do equity, and ensure
Justice, and even at the expense OF CONJUNCTION =
to US that we might obtain the desired settlement
having done this, none will dare charge us with |
population. We close up our ranks and
march on in the broad highway of progress. IT
May Heaven speed the day!
Your obedient servant, fl
JAMES H. WILLIAMS. "