Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-01-03
The School-Book Question.


universally recognized as one of the
foremost lawyers in Virginia
TO the Editor ofthe Dispatch:
desire to add a few words to the
discussion contained in your editorial
of the 30th of December with 81. ii.
D." on the subject Of the constitutional
power of the Legislature to furnish
school-books free beyond the require
ment of section s, Article VIII, OF the
State Constitution that provision shall
be made to supply children attending the
public free schools with necessary text
books in cases where the parent or
guardian is unable by reason of poverty
TO furnish them"
You and your correspondent both
recognize the elementary rule that the
peoples representatives have all legisla-
tive power not denied them by the
terms of the written Constitution. 81.
II. D." argues from this that the Legs-
lature, not being expressly prohibited
from doing so, may go beyond the
words of section s, Article WILL, and
furnish books free to all children,
whether INDECENT or not.
You reply that such provision in
the Constitution by implication pro-
hibits the Legislature from going beyond
the express words Of the section.
do not mean, of course, to say that
the Constitution does not work by I'M
pl,cation as well as by expression,
but it seems to me that fuller expo
sition of the elementary rule" adj
verted to would do away with an appeal
to L" implication.
The rule not only is that all power
not denied by the written Constitu-
ton is in the peoples representatives,
but it is also true that the Legislature
is bound by the mandatory provisions
of the Constitution, and further, that
whererer the people an their 'oritten
Constitution hare made entire prOri-
sion for Su6eet--haring made COM
plete provision for that Subject-Ho
other or greater provision can De made
by the Legislature.
The Constitution, when it declares
the will of the people upon any matter,
must alone be looked to, and nothing
can be added to or taken away from the
Just meaning of its words. 1t is among
the most Of modern political heresies TO
say, as some in these days do, that
written constitution grOwS.
Using your own apt illustrations
When the Constitution says "there
shall be a board of education, con-
posed of the Governor, Superintendent
Of instruction, and the Attorney-Gene-
ral," it makes all provision that can be
made for the constitution of the board
and when it says " the militia Of this
State shall consist Of able-bodied male
persons between the ages Of eighteen
and forty-fve," it thereby defines who
shall constitute the militia Of the State,
and no one else can constitutionally be
a member of il. These cannot be said
to be deductions merely implied from the
words Of the Constitution, but they are,
under the rule before stated, the plain
mandates Of the organic law.
So when in section 2, Article W.,
the Constitution says, " The Supreme
Court of Appeals shall consist Of five
Judges" it as clearly confines the num-
Der to five as if it had added "and no
more" And this, although in the next
sentence it says, ut shall have appel
late jurisdiction only except" &c. The
limit to jurisdiction would here have
been as definitely expressed as il the
word only had been omitted. Chief
Justice Devise, in People rs. Draper,
Is New York. SAB, states the PROPOSE
ton very clearly when he says;
Every positive direction contains
an implication against everything con-
trary to it, or which wonld Illustrate or
| disappoint the purposes Of that provi-
sion. The frame cf government, the
grant Of legislative power itself, the
Organization Of tho executive authori-
ty, the erection Of the principal courts
Of justice, create implied Limitations
upon the lap-making authority as
strong as though Negative Was er-
pressed in each instance ="
do not mean to say that the par
tisular question you were discussing is
free from doubt, or that . great deal
may not DO said on both sides as to
what section 8, Article VIII, really
means, and whether full provision was
there intended to be made for that sub.
jcct !; but, ! think, read in the light oil
the rule Of construction % ! have
given It, there 10 much more than q
mere implied negative contained in the
words Of the Constitution.
| II this be not 20, then also 1t is 10
the power Of The Legislature TO extend
the bens6ts Of our ifee-school system
to the children Of residents OF ths
psighborirg Staten or, indeed, Of oil
| a. rouufvv Gar usk;ia secti0n 4. Ayki-