The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1896-11-17
AFFECTS ALL TAXPAYERS.
TBE SCHOOL TAX LEVY IN THIS
CITY.
Decision Given Yesterday by Judge
Richie in the Action brought by
Lydia Y. Merrill to Restrain the
Collector from Collecting the
School Taxes-The Law COnstitu-
tionaI and the Levy Valid.

Judge Richie yesterday afternoon
handed down a very important de-
cision in the case brought by Lydia
Y. Merrill to restrain the county col
| lector from collecting the mill school
tax levy within the city of Salt Lake
on the ground of unconstitutionality.
The demurrer entered by County At
torney Whittemore was sustained and
this practically decides the case in
favor of the county.
THE COMPLAINT.
In the complaint it was set out that
the mill levy would produce a total
of sS7,012, of which sum $71,956.26
would come from Salt Lake city alone
and the city, it was alleged, would pay
into the tax fund s30.5S0 more than it
would receive back according TO the
number of school children. For this
reason the county school tax levied in
the city was alleged to be Illegal.
DEMURRER ENTERED.
A demurrer to the complaint was
entered by the county attorney and
Judge Ritchie's decision in sustaining
it was as follows:
The DECISION.
l hive given this case such attention
IS l have been able TO amid the multi
tude OF other pressing duties. The ques-
ton seems to turn almost wholly i-oon
the meaning to be given TO the word
maintained in article 6, section 10, of
the constitution, which reads as fol-
lows:
In cities of the first and second class
the pubic school system shall be main
tanned and controlled by the board OF
education OF such cites, separate anu
apart from the counties in which said
c--leS are located.
Counsel for the plaintiff maintains that
the definition gwen IN Webster's inter
correct one, viz: TO bear the e. oense
Of; to support; 10 keep, up; to supply
wat is needed
The defendants counsel contends for
the definition in subdivision L: ITO hold
or keep in any particular state or con-
dltion to keep up; not to suffer
10 fell or decline or that in subdivis-
an 3; TO continue; not 10 suffer TO
cease or fa:,."
Il have come to the conclusion .hc+ it
being matter of considerable doubt as
TO the correct menning, the doubt should
be resolved in favor of maintaining the
--esenG condition of things rather than
10 assume that the constitutional con-
vention, in framing this provision, in
tended to make a. change. If they did
;@-and to change 1 think it would have
been made clearer than IL appears in this
section
IF, as the plaintiff contends, the pro
the city shall be supported by the board
of education, separate and apart from
the schools of the county, and the word
maintained should be construed so as
to throw upon the city the burden OF the
support OF its own schools and no
Others the logic of the argument would
exclude the city from participating in
rne state school fund, which the pain
TT by no means comedies. 1 think the
proper construction goes to the extent
merely of comforting upon the board of
education the power Of keeping intact
the city school system and controlling
IL apart from the county system. The
city system gets part of its sustenance
from the state fund, and then if its Dor-
ton of the county fund is insufficient to
properly maintain the city system the
beard is authorized, under certain cir
Gums tanceS, TO direct the levy of add
tional taxes for that purpose.
1T is manifest, however, that the bur-
den resting upon the city is an onerous
one, and works a hardship that ought 30
BIZ remedied, but that duty is with the
legislature, and the court cannot assume
that the constitutional provision was in
tended to deal with the subject without
its clearly so appearing"
THE EFFECT OF IT.
Had the decision been given in favor
of the plaintiff the inevitable result
would have been the closing of the .,.b-
&c schools in the county before the end
of the regular school year. AS the
matter now stands the required funds
will be available and the educational work
VIII run along as usual.