The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1894-03-14

In the case of the state against Nc
CleIlan. involving the validity OF the act
of 1898, which requires all school trus-
tees and school corporations at the end
Of each school year TO return TO the
county treasurer any unexpended bal
ance for state school revenue for tuition.
the supreme court March 8 handed
down an opinion reversing the decision
Of Judge Brown of the Marion circuit
court and holding the act of 1899 to be
constitutional.
The points covered by the opinion,
which was prepared by Justice McCabe,
are:
1. That the act Of 1898 Is constitutional.
? That the Encouragement Of the
state is the proper relator TO bring suit
on behalf of the state for the recovery
Of any uneXpended balances due the
state according to the terms Of the
statute.
3. That the act Of 1893 and other stat
utcs taken together. require that all
tuition revenues, when they reach the
hands of school trustee or school cor
poration, are comingled and that they
must be SO held and paid out for teach
ers' salaries without reference TO the
source from which they are received.
4. That under the act OF 1898 the state
is entitled to recover, out of the bal
ance on hand on the first Monday in
July of each year, the same proportion
thereof Qess 5000, as the whole amount
paid in from the state bears to the en-
tire sum received by such trustee or
school corporation for tuition purposes
from all sources.
The result Of this decision will be to
destroy all motive for dishonest or
padded school enumerations. a custom
which the supreme court severely cen
sures i'm the opinion. 1t will also put
| an end forever to the private speculations
and personal investment of these bal
| ances, which have been carried on for
| years by many of the school officers of
| the state. The evil complained of has
| heretofore been based upon two or three
! old decisions Of the supreme court To
| the effect that. for the time being, these
| officers were the owners Of the funds
| In their hands, which they were enti-
/ tied to invest and receive the interest
| thereon. For over fifteen years the sew
| eral state superintendent have made
| vigorous efforts to destroy this system,
! employed by some of the school officers,
! of holding and using the school balances
! for their own advantage. All efforts in
! this direction have, however. been de-
.
| class of school trustees who hold the be
| lief that school balances serve "A better
| purpose in their own pockets than when
| properly expended for tuition purposes.
| Superintendent Worries is therefore,
! entitled to great credit for accomplish
| ing what SO many Of his predecessors
| 50 signally failed in. He framed the
/ bill and through his untiring efforts Sc
! cured its passage by the last legislature.
| At the proper time he had blanks pre-
] pared which were sent to the county
| auditors on which To make the returns
in compliance with the law. \ few re-
| spOnded, but in most cases the trustees
| refused to settle with the auditors
| claiming that the law was unconstitu-
| tional and would be so declared should
| it be tested. They would therefore pre-
fer to retain possession of the money
| and be saved the trouble of suing the
| state for its return when the supreme
/ court should have declared the act in
! valid. Superintendent Worries then re-
| quested the encouragement to bring
a test suit, which was done. in the
! Marion circuit court. Judge Brown de-
| cided that the act was unconstitutional
The appeal results in the opposite decis-
ion and a victory for the state.
| Before leaving for Washington. At
| torney-General Smith left explicit in
| structions to be given in the event of q
| favorable decision in the case. He ex-
| pressly directs that all trustees holding
| tuition balances belonging to the state
| shall be given ample opportunity to pay
over the same without suit; that the
| state shall be put to no expense in these
collections. except where failure. neglect
or refusal to comply with the law is per
sisted in; that no obstruction to speedy
and voluntary settlements will be per
! mitted.
Mr. Bailey, who conducted the suit
for the state. regards the victory as
| signal one, which will rebound to the
great and lasting good of the schoo
children of the state: that it will result
in "A more perfect distribution of schoo
tuition revenues; destroy all motives fol
dishonest and padded enumerations anC
be the death knen To all private specu
lations in tuition balances. All the PEG
pie of the state he says, except bal
ance-holders. will rejoice in the decision