Bristol news. [volume] (Bristol, Va. & Tenn.) 1867-189?, 1878-05-07

I constitution. Their language IS
.'We think there is no conflict in the
case The interest on The debt fund .
ed may be paid in the mode Prescrib>
I'd. and the constitutional pro.i,ions
! in relation TO the schools respected
and complied with How do they
propose to DO this? By IAN increase
OF Taxation if the existing rate be
insufficient. Their idea is that if
/ the Legisia ure would raise a sufi-
cieut revenue every year to meet all
the demands Of the Safe, no partic =
ular object could come out lacking.
This, at first glance, IoOxs plausible
bat q lIctie careful dis,ectimg will
show that it is not sound. 1t sill
not accord with tho terms Of the
constitution and the practice of the
/ State. There are several dificulties
in the way. The plan the court pro-
poses implies that the entire revenue
Of the State from all sources and for
all objects is gathered into the Treas
ury as a common fund, and that 1t is
not competent for the Legislature
even under the requirement Of the
constitution, to ret apart a specific
revenue exclusive for a specific Oh
iect unless it shall provide a suii-
cheney for all other objects. This
doctrine IS rot found in the conetitu
/ ton. and it has never been the pFac-
| tjce Of the State. The constitution
says: Every law which imposes, cons
continues, or reyiVes a tax, shall
distinctly state the tax AND THE or
JECT TO WHICH IT IS TO BE APPLIED.
and iii the case Of the provision for
the public schools, the constitution
does not leave il 20 the discretion OF
the Legislature to determine the tex
but itself designates the tax and de-
mands tae Legislature to |'set it
apart" and apply" it The Log
islature has no discretionary p~wer
or authority over the schaoi fund.
The law is made for them by the
constitution. TIE Legislature is
simply tee to execute the IsT,
to ser apart and Apply the constitute
tioual furd, OF course it carnnl
aIicuaee 10 another object the f'"d
" '''''' - '"'' P'~''o
HcAo"'s.
BRt Inc supreme tGuFE says, II the
Legislature W!'l raise enough al reTe-
Due 10 pay the interest on the State
debt and also 10 provide ior tie
schools, the >iI'uiIo"ai provision
TOR me ech"o-S VIII r"t lie N'"iAf-d --
Ihaf IL 10 say, zoe constitution i2&N
n~ |ie'aITd "IiA IMMUNITY. p ottacd
II n' ia the power, or - IFa', iie t''"-
SihitItS "l '"l"Fe leg S!s ION ~ '@;t"
ny tHe evils resulting rom tAe F!Ji&
l'uh-
ID d any one tl'f "r'ore .:'aF "' SGch
htol''"" 10y ii!t" Gov, "F0 c""-
Httutl"i'@i 4d'"''! hi. 4n's ih@
t"uSi1iuii"i slf 'iat tie b-@'s = ar"
saaii -, APART &"d Apply 'lls '"ni 10
ne PH"hc Srhhr'7 pf0t3Hc'J. thai
o'dy Nhail maze mace provision 10
Pay Tue Interest Oh lii" 9tate ueot -
\ o such PROV i-iOn * fIlni expressed
or implied. ThFs" learned gentlemen
seem TO have assumed that II VS.
their prerogative not merely To ex-
pound the cOu-tlIuiI n. hut Ia uuhr
it. No constitution uf Virginia, nor
uE LrEiS .aiurr. urtii the one that
passed The funding bin. ever al sac
ID To" dOctriur Jhat the interest on
Ih- deb. should be provided for before
anj have prfnr claim over The sup
port of tie officers aad institutions Of
the state. This higher law doctriue
ha- never been recognized in demo
cratic Virginia The constitution
SAYS: No other or greater auiuunt
of tax or revenues shall at any time be
levied than may he required for the
necessary expenses al the government
or 10 pay the existing Indebtedness OF
me 0'aJr. rms certainly does not
imply that The Indebtedness of the
State" shall he paid before "the nee
e-shry expenses OF the government;
and there Is no oihe allusIon 10 this
point Ia the constitution. The CON
siItuuon also sets apart portion
OF tile necessary expenses OF the
government. as d specific fund, for a
specihc purpose, and saws 1t shall be
USED Tor mat purpose eCcfUSlCe(Y."
Let us io"k IittIe at the ca sc Of paying
for an offence committed against The
State with coupon, which the ST.
pTeme court has decided is not an in-
fraction of the constitution. 1t HAS
been seen 'bat the constitution makes
all fines collected :or offences commit
ell against tite Fta e, part of tie Lit
rrary fund, and SETS apart that fund for
puhlic schools. Now The couri lays,
aud the same argument is found in
the mouth of many others that if the
Legislature had provided sufficient
revenue TO pay the entire interest on
the bonds, when the auditor makes
up hls final balance Of receipts and
disbursements at the end of tn" year,
he will have $50 surpius To nav back
this fine to the Literary fund. By