The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1878-01-17
The Public Schools.

school fund, By Mr.. Massie, has brought ont
friends OF the Free Schools, when asking
for the votessof the people. We have no
disposition this week to criticisc the views
of Mr.. koiner, but publish the substance of
| them as given in the report OF the Dispatch,
for the information OF his constituents, as
| well as those Of Mr.. Paul of Rockingham, in
reply
Senate bill prescribing the manner in
which public free-school funds shall; &c col
lec,ed, and requiring them to be paid 10 the
| credit OF the literary fund and used only for
public free-school purposes, being the spe-
cial order OF the day and the unfinished
business OF yesterday, was taken up, and
Mr. Erlkerson finished his speech.
Mr. Koiner said this bill was but the ad-
vance column Of an attack upon the public
debt. This is the strongest column, and
the attack is being made from the bushes.
70 hold out the idea that those who are OPP
posed to this bill were opposed to the free
schools was very unfair dea-it was a
mask held up to deceive the minds of the
simple. The free-school system is a fixture,
and no one will deny it. We have been
told by the gentleman from Washington
that this old State is the poorest in the land
that she is so poor she can hardly buy the
Governors breakfast. The speaker con-
fesscd to the poverty Of the State, but we
are not so poor as he (ssr. Fulkerson) would
have us believe. In the opinion of the speak
err the prime object of this bill is so to set
apart the currency paid into the Treasury
for the support of free schools so that the
wheels of the government must come to
I dead-stop, and induce the people to resort
to revolution in opposition to the States
contract-to induce the State to make war
upon herself. He dwe!t for some time on
! this point.
| lie said the next step was in the direction
OF forcibe reimbursement; to set aside anotn-
Ell portion of the currency of the State to
the support of the government, and so d.
vert the money that comes into the treasury
| that the public creditor shall 60 unprovided
for, as we lave promised. hut the main OBJ
lection that the speaker had was the man
ner in which it proposed to settle this ques-
ton. Nearly every senator had come here
under the platform of the great Conserva-
tive party TO try and adjust and settle the
public debt in an honorable manner to the
State and the public creditor. He was of
opinion that these pioneer bills were intend.
ed to so circumvent the public creditors as
to compel them to submit. He urged econ
omy and honesty in the administration OF
public affairs and conciliatory course to.
wards the creditors, and il this was done he
believed that we would overcome our diff
culties. lie thought we should appeal to
our creditors to make lis Il liberal PROPOSE
ton.
Mr.. Paul, OF Rockingham, spoke more di-
rectly to the bill under consideration. He
could not see what the bill which Mr., Mas
sey presented had to do with the public
debt. He thought the public-scllool contract
was as high and binding as any that mortal
could make. The Constitution has decided
the question OF the school fund.- and no law
which the General Assembly can pass can
divert it, The Constitution, in broad, COM
prellensiye, and clear language, says what
fund shall be used for public. school pur-
poses. The convention which framed that
Constitution was adverse to the white peo-
pie OF the State, and the public school law
was so framed as to provide for the educa-
ton OF the colorcd children of the Common
wealth. 1t was not the purpose of his friends
to stop the wheels OF government.
lie hoped the bill would not be committed
to the Committee for Courts of Justice. but
be considered at once.
The vote was finally taken to commit it to
the Committee on Courts Of Justice, which
would have been substantial defeat of the
bill, resulting as follows:
AYEs.-Messrs. Belts, Bland, Daniel.
GAYLE, Goode. Hairston, Hurt of Halifax,
Hurt OF Pittsylvania, johnson, koiner, Lee,
Marshall, Num-. Smith, Tanner. Walston.
and Wortflanl-17.
NOES. --Messrs. Bliss, Brooke, Chiles, Ell
lett, Patterson, Griffin, GriInsley, Massey,
Moulton, Murray, Nash, Norton. Paul,
Phlegar, Powell, Quesenberry, Sherrard,
Slemp, Splitter, Tyler, Ward, and Wood-22.
Bradl y 7. johnson, offered the follow
ing amendment:
"That the Auditor of Public Accounts
4 shall before the LIST day of January of each
year estimate what sum will be produced by
the capitation tax and one-fiftt of the di-
Erect tax on property for the ensuing twelve
months, dedllcting therefrom the proper
share OF expenses OF collection and of insol-
vents, and he shall, out of the first money
that comes into the treasury from taxes, de-
post one twelfth OF such amo6nt so ascer-
tanned as the increase coming to the Depart
ment OF Public Instruction to the credit of
the superintendent thereof; and il sufficient
itlnds snail not be received in any month to
pay such sum so mcnthly due the public
schools. then the Auditor of Public Ac.
counts is hereby directed to make temporary
loans OF sufficient amount to deposit such
amollnt so due the public schools monthly,
and shall repay such loans out of the first
money that is paid into the treasury through
his office received from taxes
Mr.. johnson addressed the Senate at some
length, cor tending that the Legislature had
no right to defeat the operation of tile Fund.
ing Bill as to the school tax-that the law
making the contract embraced in the Fund
ing Bill, was more binding than the Consti-
tuition, and that the Federal Courts would
follow tile decision of the Supreme Court of
Virginia as to the nature of that contract
| Mr.. Phlegar replied to Mr. Johnson's re-
marks, and advocated the passage of the
bill. He said it was with great dflidence
that he entered into the argument of this
question. lie held TO the doctrine that the
obligation of society is pledged to tie pro.
| lection OF the property of her citizens before
the public creditor is satisfied, but he was
no srepudiator. He loved the honor OF Vir-
ginia as much as any senator on this floor,
| and before the debt should be repudiated he
would vote for ali increase of taxation. But
| he did not deem such an expedient neces-
sary. He thought that the public creditor
ought not 10 impose such a hardship upon
Our impoverished people. He could see tina.
Tic Stttc WAS growing poorer ana poorer
every day. He was of the opinion that high
taxes brought about the depression, and this
depression the desire for readjustment, and
not REIMBURSEMENT the present condition OF
affairs in the State. He believed that the
trouble and talk about impairing the ohliga-
ton OF contract was that proper distinc-
ton is not drawn between a moral and a le-
gal obligation. He then went on to discuss
what was meant by the obligation Of a con-
l.tract, and quoted various authorities to sus-
tain his position He commended that if
there was no obligation in the Constitution
| to devote any portion of the States reye-
nues to a particular object the Legislature
was not debarred from devoting portion of
her revenues to a particular object. But
the Convention WHICH framed the Consttu-
ton did apply part Of the annual tax to
the support of schools. and made it manda-
tory. No question of schovl tax has ever
been decided by the Court of Appeals. He
thought that the coupons were receivable
for all debts due the Commonwealth except
the school tax. The Constitution provides
that the capitation tax shall be set aside for
| school DIlrnOeeS and No Sonator v,;l. az,