, 1879-04-09

h!ow that was dealt them by tho nopub-
licans.
THE NORTHWESTERN UNIVERSITY DE.
CIs10N.
Tho decision BY tho Supreme Court Of
tho United States in Tho caaa Of the North
wcssorn University ut Evanston will bo
received by tho people Of this State with
some surprise, it not disappointment. Tho
facts mny DO briefly stated. Tho Oonsti.u-
ton Of Illinois Of 1913, in Sec. 3 Of Art. .,
provided:
"Tho property ot the State and counties, both
toAl and personal, and such other property AZ the
General Assembly mar deom necessary for school,
religious. and charitable purposes, may 10 ex-
elnptel from TAXATION"
In 1865 tho charter Of tho Northwestern
University which had been previously granted
was amended by tho Legislature, and this
provision was included IN the amendment:
ssTnat all property Of whatever kind or dcsctip-
ton belonging TO or owned BY said corporation
shall be forever ftse from taxation tor any md all
purposes"
Since 1866 tho University las extended Its
landed possessions. It owns several thou
sands OF acres Of land. It owns nearly tho
entire area Of land on which tho City Of
Evanston ia built, besides many valuable lots
In this city. This 1and is ronted or leassd,
and is uaod for evory imaginable purpose
Uuntil 1873 tho State mado no attempt to
tux any Of this property, md in TINT year tho
Asseasor returned for taxation nil thn lind
owned bv the University. oxcopt euoh m waa
in actual uso by that corporation for school
PURPOSES, Upon this property tho tax WIS
extended. Tho University auol out a re-.
strainiuu orilor agoinst tho sale of tho
land by tho Tax Collector, and avontn,
ally the question was takon 10 tho
Snnrcno Conrt of tho state. whora in dina
tina thot oour. hold that tha a1amntion
granted by the amended charter in 1865. Ko
far "a It appliod to proporty not In me- for
schpol nurnosoa. VIVA void. hooauso in oxcesa
of tin authority granted tn thu J,eois1at,,ro
by ths Conatitnt;on of tho state. Tho caso
was th,ronnon takon to TIM snnramo oonrt
Of tl,o Uni,ad states. wbera Il hns bean
hoard. and o,. ai1nf1av 1vou f,ac,dod
It sce.ns tl,,t in this onao tho Oourt bea
| overlooked or diareunrdod thu general rulo
t1,at. In auoation. invo1v;nr nnrc,v thu con.
s!ruotion Of the stato Constitution On mt
ters pcrtaiuinc to stato affairs. the Fof1aro1
Courts will alvoya follow t1,e Instrumentation
placed BY tho supreme Oourt Of tho stato on
tho Constitution Of that stato. Tho oourt
l,,s now leefded Tint TIM Surname court AZ
| Illi1.o,s Ind misunderstood thu Constitution
| Of thu Stnto. md tbnt the Tnoisloturo
was am11v empowerod tn avam,,t anv 1o,fu
tho proceeds of which, ,vaa annlfnd tn tho
support of schools. Under this deoiston
tho University mnr bold INV land or ot,,ar
property (the exemption Including eyery do
scription Of property) troo Of ta9eK. m 1ono
as tho proceeds of such nronortv ara mn.
piled to tho support of tho i1n;vorsitv
This decision docs not apply merely tn thu
University. but to a long list Of other l,sti.
tutions: tho constitutional orant Of nowar
| to oxoIppt school property extends euunt)v to
nronortv held by rolinions and ororitahla In.
stitutions. We ,,ublish olsowhero n 1,st If
tho institutions Which, by sneoial loois1ation
similar to tllat in tho case Of tho Northwest
csn University, hold prorerty unf1er anec,o1
e.omntion from taratinn. Thfa enocsol Inn.
| is|ation coasefl unnn tbo adont;nn NJ tlo
present Constitution, though by oonoral law
it applIes to pll property aotuallv usad for
school, religious. md charitable institutions
Exaotlv what remedy tho stntc h,a l., t},o
premises ID a question far lnwvara md for
tho Louislaturo. Tho decision ehowa nnoro1v
that thu 1,eu}slotura hal thu nower un,1c,
tho ol1 Constitution. and Ind avaro;a.5 lint
povor. IL the pover of ta.otion an o,,on.
min TINT. onco aurranf,,rod Il ,,n,ot 10 ~.
sumed Could tho Ler,sloture of lax
alienate tho pover to tax csrtain nronertv.
or tho property of oertain narsons. for iii
tImo Can tho Loctslaturo Of 1g7}. i,v ro-
,,ooi,,,x ~ o,o.,.,t,o,, .,a,,ao ~ ~. ~
Wv NAeA foH =, s'."'u - '"o wv VI
tooot fehuuso aof Tug otAto Tue power 10 tar
that portion OF tho lnnd8 and other property
of tho University, and Of nit these o!hor in
at,tut,ona. mt antua,,v uaaa far .c,,oo, w.
l;cioua, md charitable pnrno,as9 Tbc mi
of 18b5, hav;no baen t7oolared n ho eons,;,,,
.,a,., ...;., J.. x...- ..,,.,, .,s, ,
s,o"n'' toinuno " Aoso' "n'i' tepea!ou' aad
n 10