Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1886-01-15
School Taxa not Pavahie in Courous.

AS stated in yesterdays GAZETTE, the
Court of Appeals delivered an Important
decision in the case of Grcenhow, treasurer,
vs.. Vashon. Judge Richardson delivered
tho opinion Of The court, in the results of
which four judges concurred, Judge Lewis,
president OF the court dissenting. The
opinion discusses the whole question Of the
settlement of Virginia'a an;s-war debt u.-
der what is known as the iuadiDg bill of
March 81, 1871. L. Uyeriules Il H., 9, line Of
previous decisions OF the same ccur. iii the
case of Anlnui VS.. Wright, Clark: vs.. Iy l-r
Williamson VS.. Massey, auditor, and also
what is thought to be the decisions of the
Supreme Court Of the United Suites in the
cases of Hartman w. Green how, AntOni vs.
Grelnhow, and the recent Virginia coupon
ease. II declares that the contract between
the State and her creditors, a. expressed in
he act Of March 81, 1871, il invalid aud il.
legal for want of n valuable consideration ;
that the opinion Of the old court III Auton
vs.. Wight that the setting aside Of one
third OF the debt rs West FIrIinia's portion
and it3 acceptance by The States creditors
was IL valid consideration, Is erroneous, be-
Cause Virginia was not relieved Of her La
bli,y for this one. third, but u,der the Very
terms of the agreement remained liable if
she could not arrive az IL settlement with
West Virginia. The court say, therefore.
that on proper case being presented for
their consideration they will held the funti-
ing bill Of 1871 an invalid and illegal con.
tract, but that the simple question In this
case for them to decide is whether the cou
pous issued under hat act for the interest
of the debt and made receivable upon their
face for all taxes and debts o. the State, can
be made to be received in payment Of 30
much of the States revenue as i sci aside
for tho maintenance Of the public free
schools.
The opinion declares that the State can
not be compelled TO receive coupons III pay
meat Of the school tax. They point out
that the constitution of Virginia required
the Legislature TO levy q tax Of net more
than five mills, aud not less than one mill,
which should be set aside for the mairte-
nance of the public free schools; thai in &C.
cordance with this constitutional provision
the Legislature of 1888 had levied Il tax Of
one mill on all personul aud real property,
which it directed that the collectors and the
auditor OF the State should keep separate
from all other sources OF revenue and pay
out only fer the main teuapce of the schools
The funding bill! OF 1871 having baen passed
subsequent TO the ratification Of the State
constitution, was accepted by the creditors
as if this provision about the schools had
been written across its face, and to mold
that coupons are not receivable for school
taxes is to do no injustice to creditors and
to maintain the supreme law OF the State
invio!abe.
The opinion declares that the issue before
the court does not involve any question OF
public faith and credit, but simply whether
a fund eonsecrated by the State rnnstilu-
ton to the maintenance Of the public free
schools can be diverted by any subsequent
contract entered into By The Legislature to
the liquidation of another ard dis met claim.
They hold that the Legislature car no more
contract for the use Of the school fund ia the
payment OF the States creditors than Il trus-
tee can use q trust fund for purposes op
posed to the terms OF his trust.