The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1878-12-18

rs OFFICE
. 8, 1873. I
rinFnAAanf n.

high schools aud colleges in this State
approved March 8 1873. The Act in m
opinion, is % clearly violativ. of the Con
stit0tioD, that all school officials should treat
| It as IN absolute nuliity, leaving those who
may be Interested. To test its validity bv
proper legal proceedings. Section l. Arr s
OF the Constitution, requires the Legislature
4" establish a uniform ~ stem OF free pu D.
| lie = hooIs. by taxation or Otherwise tor all
children between the ages of five and
| twenty -one years" and '.as soon as practi-
cabIe' To ESTABLISH schools of hiober
| grade"
Sec. creates a Superintendent of Public
| Education. whose duties shall be the gen
eral supervision of tn common schools and
the educational Interests of the State :" aud
1 he Was required to report to the Ippixla
| iure tor it. adoption. within twenty DAYS
| after the opening of its fl st session, under
this Con>titutloD, a uniform system Of free
! public schools "
| Sec. 3 creates a Board OF Education for
| the management and iuvt stment of the
| school funds, under the general direction
of the Legislature
Sec 4 provides that there shall be a Super
| intendent OF Public Education in each
county.
| Sec. provides that public school or
| schools, shall be maintained in each school
| district. at least four months in each year,
| aud that any school district neeIecting To-
m iintain such school or schools, shall be
| deprived for that year, of it, proportion of
tn" income of the free school fund, and OF
all funds arising for the support of schools.
SEC 9, AS amended il 1876. creates com
mon school fund, which is TO be distributed
pro rata among the educable children OF the
State.
Sec. authorizes the levy of a poll tax
not TO exceed two dollars per head, in aid
of the school fund, and for no other purpose
SEC. 10 requires the Legislature, from
time to time as may be necessary, TO pro-
vide for the levy aud collection ufsuch other
taxes a may be- needed TO support The sys-
TEN OF free schools adopted, and directs thai
ali school funds shall be divided pro rata
among the children of school ages. Thus
it appears, that school system co. Intensive
with the limits of the State and under lis
control and management, was to be es-
tablishcd ana that the common school
fund.- and all school funds are to be
devoted TO the support of free public
schools, established under aud beion ging 10
mat y tenn, and which are to be organized
upon uniform ba is. The Legislature NAV
establish schools of different grades, but
they must all be uniform aud Tree, or they
will not constitute part of the school sys-
ten cOutem plated by the Cons titutIOn, and
unless they do they VIII not be entitled to
any support from the school funds. As
said by the Court of Appeals of New York,
in discussing similar cons titutional prnvis-
ions, ''the application of these revenues 10
the support of any bar the Common schools
Is implicitly prohibited" Gordon v.
Cortes ct. al, AZ n. Y. GIG No private
school is part o that system. In the Ian
guage of the supreme Court of Indiana in
the State vs.. Sprin gfis Id Township, 6, Ind.
So, ''Jhe Constitution gives unity to the
school funds, and cont plates a uniform
system OF com mon schools as State iRSti-
tuition, under an official head" The Con
stitution OF Indiana required the Legislature
''to provide by law, for general and uni
form system OF common schools wherein
tuition shall be without charge, and equallf !
open to all" being substantially the same
as Sec. l. Art of our Constitution. On
the authority of Chancellor Kent, Bou- |
der defines com mon schools to be, schools |
Tor general elementary instruction, free to |
ali the public" The schools mentioned in |
the Act under consideration, are clearly not |
such schools as are contemplated by theCom- |
StitutiOu. Tuey are not free schools; they |
are not open 10 all children between the |
ages OF five and twenty years ;the stand |
ard of admission to them may be fixed at |
the pleasure OfthO>e who control them they |
are not required TO be kept open" at least four |
mont in each year. as the schools pro-
vided by the Constitution ara; they are not |
controlled by any school officer, STATE or |
county they ara not governed by thu |
school laws; in fact, except that they must |
~ OF two hundred volumes, aud faculty |
of proper teachers, and must adopt a course |
OF text books as nearly as possible in ac- |
cordtnce with the curriculum of the Uni |
versity, there is no point of distinction be- |
tween them aud any other schools conduct |
ed bv private enterprise, and for private |
benefit.
The Constitution of New York provides |
tor the ere ltiou of a common school fund, |
aud for the application OF it To the support |
of common schools.
The Legislature oil that State enacted that |
the orphan asylum societies of the city OF |
Brooklyn should participate in the distri- |
button OF the school money raised in that |
city, IN proportion to the mum Der OF chill |
dren under their charge, and Instructed |
IN the same m amer as Is usual in comm IN
81, 81 Il tivv haAI
en- tiled to such distributive share, in the |
same manner and To the same extent "a |
the common schools OF the city. The Act
also placed the said schools under the gen
eral supervision of the board of education
OF the city, but under the immediate di-
rectiOn and management OF the societies AS
heretofore.
In the People VS. Board of Education of
Brooklyn ID Barb, 4J9 the Su preme Court, |
in deny in9 the power OF the Legislature
to make such an application of the common
school fund, say: The mode of education |
Tin these asylum societies) essentially dill |
from our common school system III |
several particulars la the first place il l. |
confined 20 orphans. and of these The trus- |
tees of the asylum have the power to adj |
NIT or reject applicants according to their |
pleasure. They may adopt standard OF
nrm bersnip which will admit all OF GER
tain faith or age and exclude all Others |
fact they determine absolutely vino |
shall be the inmates. Moreover they are nor |
compelled To keep any school at all.
A common school as recognized by our /
laws aud constitution, is quite aditfcfenF AT
fair. Our common schools are not confined
TO any class but Sre open 20 all; the trustees
have no authority t. admit or reject pupils
arbitrarily they have no authority to make
rules and regulations fixing standard OF
admission tor members. They are bound
to instruct all the children who present
themselves, without regard to their social
relations, their staff n in life or their relig-
inus faith. The spirit OF our institutions on
this point was EN- bodied in the first section /
OF the act of 1919, which declared that
common schools shall be tree TO all per
sons residing in the district, over nVe ana
under twenty-one years of age The word
common" as applied to our schools bears
the broadeSt and IN pSt comprehensive slgni-
ficAtiou. 1t is equivalent TO public uHiUerSdt,
0peRtO all; for such is their char icter, subject
ualy 10 such general statutory regulations
as are prescribed by the Legislature. They
are common to all children, in the sense
that public highways are common to all
persons who may choose to ride or |
d i've thereon, observing only the law of
the road. Thus have they been treated BY
the Legislature in the various enaetments
on the subject. They have always been
kept distinct from academies, colleges and
private Summaries of learning; and espec-
iallv have they been kept and ought they
To be kept free from every thing savoTing
of sectarian influence or control. Ii we are
to sustain such claim as this, on behalf of
Roman Catholic Asylum to-day we
shall probably be called on tomorrow,
tu do the same for half dozen Protestant
denominations, who may desire TO propa-
gate their own peculiar views at the public
expense. We do not intend to speak dis
paragingly of these institutions. In their
proper sphere they are worthy of all praise
and legitimate support. But we are unable
children supported and protected by these
asvIuma. cannot attend the ordinary public |