Birmingham age-herald., 1895-01-03
COL. ROBERT CHIsOLM
DISCUSSES THE ACTION OF THE BOARD
 EDUCATION.

DISCUSSES THE ACTION OF THE BOARD OF
 EDUCATION.
 In relation to the proposed act of the leg
 islature allowing the board of education of
 the city of Birmingham to make a charge
 for each pupil in the public schools there
 are features connected herewith which perhaps have not been duly considered With your permission 1 will call attention to some of these features which have oc- cured to me.
 In the first place these schools are pub- lie, and not private. They are part of the city govern ment, just the fire depart ment, the police and the sanitary depart ments and the mayor and aldermen. All together constitute the municipal or city government.
 By section 2, article II, constitution, "no city shall levy or collect q larger
 rate of taxation In any one year than a of per centumo on it's property. In ex
 parte city of Montgomery, GA Ala, page 463, our supreme court said this limitation
 cannot be exceeded by any act of the legls-
 iature, ana further "that this section is intended to define the extent of direct tax
 ation on property,'' etc. It decided that cities could impose licenses for carrying on business within it's limits, but could not tax property beyond the E per cent. Now, as have said, city is m ade up of U subordinate to and must draw their sup port from the F per cent tax permitted in the constitution. It was not intended to present the mayor and aldermen with this halt per cent tax as bonus, but rather as the means to run all these various arms or departments of tue city--to pay salaries iu these departments, to erect suitable build ings, to buy fire engines, etc.. :, and to pay | interest on debts if there be any.
 The answer that charge for pupils In @ Ia ia nnt tev ia | rect, for the money so collected will be used in the repairs to public buildings and salaries to public teachers, and it felis on a | special class and not on the community generally. It is easy tc step from this to making people whose houses catch on | fire pay special charge to put them out l and those who specially require police pro.
 lection pay special charge for that. The constitution permits a tax of no more | than E of per cent, through the medium | of clly govern ment. The supreme court | has extended this 10 include licenses on business. This is all, and thie is the law as
 ia now stauds, and the legislature is linn | tied by 1t. Would, then, any act of the | legislature be constitutional which looked | to an increase of the city revenues except | in the well worn paths?
 For the current year the expenses of the public schools have already been provided | for by the act of February II, 1887, the ! school board were to have made before the | first Wednesday in April, 1894, an estimate ! of these expenses and file it with the
 mayor, upon which "the board of mayor
 ana aldermen shall mske tte necessary | provisions to supply whatever additional
 funds may be necessary to meet tse esti- l mate so made.'
 | To put charge upon each pupil iu the 1 schools now would be indirect way oi | raising city revenues and dangerous, be-
 cause there is no saying where It will stop
 in future arrangements about taxes. ] RoBT. CHISHOLM.