The Ottawa free trader. [volume] (Ottawa, Ill.) 1843-1916, 1879-11-22
The COURTS.
An Important Decision of the SUI
preme Court Affirming the
CenstitutiOnaIity of the
High School Law.
Municipal Corporations and
Liquor Licenses.
The supreme Court.


In tai, court were filed on Tuesday a ''batchn
Of opinions in taken at the last term in this
city. OF these only three are in cases from this
county as follows:
Merritt It al. as. Merritt Il a.. affirmed.
Richards u.s. Raymond, county treasurer; af
trmed.
The People er rel BcSse as. The Village of Croft
ty; appellate court judgment affirmed; circuit
court Judgment reversed.
In Rmba1s VS.. R0ymond was tried the question
OF the consttutionality Of the
HIGH SCHOOL LAW.
We give the decision below in full, Craig j.,
writing the opinion. Richards lives at the north
edge OF the township in which is located the
streator High School. He applied for an injunc-
ton in the circuit court, which was refused In
the appellate court the case was merely formally
disposed of, though the decision of the court be-
low was affirmed, whence it was taken by agree
ment to this court. The opinion:
This was bill in equity to enjoin the coIlec.
ton of tax levied to maintain high school es
tabliShed in Township 81, Range 3, in La sale
county, under the provisions of Sec 50 of the
school law, Or. S. Of 1874, p. g57, which is as
follows:
! Upon petition OF 80 voters of any school town.
ship filed with the township treasurer at least Is
days preceding regular election of trustees, il
shall be the duty of said treasurer to notify the
voters Of the township that an election 'for" and
| against high school will be held at the next
ensuing election of trustees, and the ballots to
such effect shall be received and enumerated Mt
such election; and if majority of the voters at
such election shall be found to be in favor of a
high school it shall he the duty of the trustees OF
the township to establish at some central point
most convenient for a majority of the pupils of
the township high school for the education of
the more advanced pupils
The sole ground relied upon to enioin the col
lection OF the tax is that the section of the statute
is unconstitutional; that il is IN conflict with Sec
OF Art. OF the present constitution, which pro.
yides that the general assembly shall provide a
thorough and efficient system of free schools
whereby all children of this state may receive a
good common school education. The provision
of the constitution was doubtless intended as a
Limitation upon the powers Of the legislature to
provide for the maintenance of free schools by
local taxation of Il different character from these
named in the section. In other words under
the section of the constitution the legislature has
the power to enact laws under which thorough
and efficient system Of free schools may be cstab-
lished and maintained bylocal taxation, in which
all the children Of the state may receive rood
common school education; but to 20 further than
this the legislature would seem to he powcrlcss
We cannot perceive what other purpose was de-
signed by the section Of the constitutions It
could not have been intended as a grant of power
to the Legislature, for the reason that the lcgisla-
turc has the power to enact any and all laws
proper for the government or welfare of the peo--
pie of the state not prohibited by the constitution
Of the L. s. or this state. 1t is not the mission
of constitution of a state to confer power upon
the law making departments of the state, but to
limit and restrain the power which it possesses
Independent of constitutions.
We are therefore satisfied, as the section of the
constitution could not have been grant of pow
err it was intended as limitation upon the DOW
ers of the general assembly.
But, conceding that the section of the consti.
tuition referred to is Limitation upon the powers
of the legislature it by no means follows that the
section of the statute in question is in conflict
with the constitution. 1t has been well said that
the question whether a law is void for repugnan-
cy to the constitution is at all times question
of delicacy which ought seldom if ever to be de-
cided in the affirmative in a doubtful one pot
Dwaris on Statutes, o. The same principle was
announced in The People VS.. MarShaH, Gil. 672,-
where it was held that it YVES well ruled by the
highest tribunals of the nation that it is seldom
if ever in a doubtful one or upon slight i'm plea
ton that the court should decree the legislature
to have transcribed its authority. The opposi-
ton between the law and the constitution must
be clear and strong in the Judgment of the court
otherwise it cannot pronounce the law TO be
void. With these well recognized principles in
view, can the statute be held to be in conflict
with the spirit of the constitution? The act in
question provides that The school trustees of a
towns hip where the legal voters of township
have decided in favor of the proposition at an
election for that purpose shall establish a high
school in the township for the education of more
advanced pupils. a school of this character is
clearly a free school within the meaning of the
constitutions. That free schools may be graded
and classified, so that scholars that may be more
advanced in their studies may not he hindered or
DELAYED in the progress of their studies by others
less advanced, would seem to be within the spirit
of the constitution that contemplates the creation
of n thorough and efficient system of free schools
That one school may be denomiuated high
school and another in the same township dis.
trict school cannot effect the question in the
east But the argument is, that the school es-
tablished is not common school or school
where the children of the state may receive
GOOD common school education, and hence in