The Jasper weekly courier. [volume] (Jasper, Ind.) 1858-1922, 1885-07-03

I'LL - AOOOs
Tuition Tax Valid.-A Decision Of
the Supreme Court That Set
ties the Question.
In the Supreme Court Of Indiana, 81
most important decision affecting the
common school system OF the state was
made. A taxpayer in Vevay, Switzer-
land county, resisted the assessment OF
the Common Council of what is known
as the tuition tax, which Is levied for the
payment of teachers. He claimed that
the statute authorizing the levy was un-
constitutional, and that the tax can only
be imposed by the Legislature, which
has no authority to delegate the power
to local school corporations. Judge
Elliott, in rendering the decision Of the
court on the case, said that it is the great
duty of courts when called upon to in
terpret the constitution, to give effect to
the intention of the people as expressed
lin the instrument. The purpose Of the
people was to build up great and ben
eficent system in which tuition shall
be without charge and equally free to
ALL"
ave should wander from our post Of
duty, Judge Elliott says, ''if we should
give meaning to the language Of the
people that would defeat what we know
beyond doubt was their leading pur-
pose. We know that to hold that there
must be for the whole State one law,
alike populous districts and
sparsely inhabited localities, making the
same provisions for one as for the other,
would defeat the great purpose of the
Constitution. 1t Is simply and absolute
|ly impracticable for q general law TO
Justly and adequately provide for the
of all the governmental SUBJ
divisions Of the State. 1t Is possible and
and only possible to build up an efficient
system BY leaving local school matters,
under proper general laws, to the peo-
pile ofthe different localities. We know
liz as part of the history of one Of the
most important institutions Of our state,
for we cannot be ignorant Of the fact
that the schools suffered severely from
"a different system, and haye greatly
lprospered under the present. The
provision that the Legislature shall
provide by law for general and
uniform system of common schools, does
mot mean that the Legislature must di-
lrectly and by a statute levy all taxes for
leach locality, nor that they shall provide
rules for every school district in the
state. The reasonable Interpretation Of
this language is that the Legislature shall
by general law provide for conducting
schools and securing revenues from tax
alton for their support, through the in
sfrumenialities of government. These
are such political sub
divisions as townships, towns and cities,
and they are instrumentalities to which
local governmental powers may be dele
gated There isnot word in the entire
article Of the constitution that directly
or indirectly prohibits the Legislature
from making use Of these agencies Of
government in the administration Of
local school affairs. We have ascertain
ed and decided Judge Elliott says,
..thst when the Legislature makes pro-
vision for the government and support
of the common schools. by providing
suitable machinery, and committing the
"details of its operation to local officers,
they do provide for system Of schools.
Is the system general and uniform one
lis then the question. A system which
grants to all the various divisions of
the State. equal and uniform rights and
privileges, leaving only to local authori-
tiles the right TO govern local affairs. is Q
general aud uniform system. The fact
that there Is difference in the methods
sof local government does not disprove
THAT the system is general one. The
Legislature could not devise q scheme
THAT would meet the wants and necessi-
ties Of each district. The people never
'|intended that the Legislature should un-
dertake to do such an impracticable
thing
i The constitutionality Of the law is
compIetely affirmed, and any doubt about
the validity Of the tuition tax assessment
'|is set at rest.