The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1881-07-26
"ls IT DUTY OR POL oYs'"


which our contemporary joins issue with the
HERALD. The Examiner some days ago
took the position that "the state owes duty
10 all the people to educate them Is far ss
It's means will permit" The HERALD in
answer to that proposition, affirmed thai
'the state owes no such duty. is under no
auch obligation, was never created for such q
purpose" and further, that the only duty
Texas owes to im citizens is to give them
protection Of lite AMI property aud immunity
in the pursuit Of happiness" 1t is upon
these two propositions that the Examiner
joins issue with the HERALD. defending and
maintaining Ito own as to the duty of the
state, and sssailing that OF the HERALD. We
desire to state In the outset Of the few
thoughts we propose 10 express in this
article, that we most heartily and earnestly
endorse and favor the policy Of system of
free schools for the state in which every
child within It's limits may be given the sd-
vantages and blessings of an education, that
the mists Of ignorance may BIO dispeled by
the light of learning from their minds
that they may b. enabled thereby TO grow
aud expand and DO strengthened to properly
grasp and comprehend Alright the problem of
life, and b. fitted to Gll the stations of men
and women. There are many reasons TO be
advanced why this policy is n wise ono as
well as Just and economic one, but wo take
it for granted that they are patent to the
mind of every thinking man and woman in
tho land and need no calculation here. 1t is
upon the question Of the states duty
upon which we desire to reason
in this article. The Examiner tr-
umphantly quotes section l. article VII of
the state constitution, "a general diffusion
Of knowledge being essential to the pre-
servation of the liberties and rights of the
people it shall DO the duty Of the Legislature
of the state TO establish and mako suitable
p DIVISIONS for the support md maintenance of
an efficient system of free public schools"
in support of its position and ssys: 81. is
unfortunate for the HERALD's position that
the trainers of the cons tuition inserted the
w,rd duty in fixing the obligation of tho
legislature" If this section had fixed "the
obligation of the Legislature" the Examiner
would be right and tho HERALD wrong. If
the Examiner will notice the reading of the
section Of the constitution In point, it will
see that it says ''lt shall be tho duty, ETC."
The word SHALL" by strict construction of
the constitution, cannot be taken 10 impose
an obligation. 1t is, used in the sense
it IL throughout the constitution, synony
nous with may and if We mistake not
greatly, tho Examiner will ascertain upon
inquiry that the courts have SO ruled.
Section 10 of article V Of the safe copstitu-
ton says: There shall be established in
each county in the state county
court, which shall be court of
record, ETC." The following sections
20 on to cay that county courts "shall" have
certain civil jurisdiction and shall hive
original jurisdiction of all misdemeanors II
which exclusive original jurisdiction is Lot
given to the Justices courts" If the word
'shall' is mandatory, is imperative, how
Is il that the county courts in some of tho
Counties in the state havo been entire y
abolished and 10 others their criminal iuri,-
dicton taken from them? But suppose the
word "shsll," in the section Of the ccnstitu-
ton quoted by the Examiner, is mandatory
aud imperative, who is TO DO a judge of what
Ia necessary to constitute Tan efficient 81 stem
of public free schools?" Suppose the
eighteenth legislature. when il meets 10 1885,
in its wisdom, should say that the system of
public tree schools in force in tho state lie
simply a cumbersome, expensive
and exceedingly Inefficient machiue
without force or merit and repeating the
law, pass another, providing that every
parent and guardian in tho state could
send his child or ward to any school such
parent or guardian sees proper TO select, and
that the state would pay one dollar per
annum for the education of each child. This
might not DO ian efficient system of public
free Schools" in the judgment of the Ex-
sminer. but If the legislature thought II was,
who could gainsay Its action! The cons,iu
ton requires that the legislature "shsll pro.
vide by law for organizing and disciplining
the militia Of the state in such manner rs
they shall doom expedien.," and the legisla-
ture has done 80, but who will pretend to
say that the provision Il has made 10 not a
farce, The legislature is the judge Of whs.
IL "oxpedient just as Il is Of what
10 q Suitable provision" for main.
tanning an efficient system of
public free schools" and Of what an Jeff.
Gent system" is. Tho Examiner says "the
HERALp's 10 very limited view Of the duties
Of government and ono which has never ye,
built up great state nor great people,
What Is the stated IL II anything moro than
organized society," To form the state and
give II force tho people yield up certain o
their individual and inherent rights--righll
that CID and nature gave them. This being
90, the people owe certain duties 10 the state
| and tho stAte certain dutiea 10 Tho peonl,