Birmingham state herald., 1897-07-04
SUPREME COURT DECISION  (Which Hits at that 0'Brien School Bill.
TIE LAW UNCONSTITUTIONAL
Tax Cannot Be Levied by the State for the Pur-
 tose of Public Education City Must 4i Look Out for Itself.

< Haralson, J-1 The caption of the act ~we are invited 70 construe is ITO amend sections and 10 of an act to create the board of education of ths city of B.rmirg- q ham, and to prescribe the powers and @duties of the same" (Acts 1S94-5, D. 75S) z Section of the act proposed to be amended, (Acts 1S94-95, p. 52S) provides zsimply 'arhas the board of educa ton shall have power to charge in the several Agrades of said schools such incidental or sother fees as may be deemed necessary flor the proper conduct of said school; s.and the amendment thersof was but sslig'ht change, conferring on the board s~power to charge nonresident pupils such sstuition other fees as they might deem ,gproper and allowing them, in rh:ir dis P-cretion. to assign free scholarships in the ssyafious grades of the school.
 Section 10 of the original act to be sanended provided that all funds de- s@voted to school purposes, in the city of Birmingham, whethsr derived from state, ~county or city. shall be paid in the Astressury of said city, and be disburs- s-eds in such manner as the board of edu- @cation may direct;' and, further, that = not more than per cent. of the money -defived from the state shall be used oth- ~erwiee than for tha payment of teachers -empfoyed in such schools"
 - This section. by the amendment, was .-made to read as follows
 +- "Section 10. That all moneys devoted ito school purposes in the city of Birmlng- s<ham. whether derivsd from state, county GOT city of Birmingham, or obtained hy gift or bequeSt, or in any other manner ~whatsoeVer shall be paid over into the Mhands of treasurer. elected by ehe asboard of education, herein provided call moneys intended for school purposes ssin the hand of the treasurer of the city -of Birmingham together with the poll sa anan1 mi nf haa ffrNa fN F1.r ~sany scholas ic year fled with the mayor s'and aldermen as provided by section of -sthfs act, and shall be by him paid over to -the treasurer eff the board of education in rtnree equal inGtaMments, on the 1st day @of September the 1st day of December stand tn 1st day of March of the said Ayear. Such m neys, ogethsr with all ua- sexpended balances in the hands of said -treasurer of the board of educa ten. shall aconstitute a school fund which shall be sdisbursed in the interest of the public Ssehools of the city of Birmingham in ~such manner as 9he board of education s1nay direct"
 a Section 1 is added as a part of this samendatory act by way of Independent dsgislation, having nothing to do with asections and 10 propos d to be amend sed. and provides ''Tha. said board of edu- scation shall have power to build upon Hhe. property of the city, suitable houses Sfor the use and accommodation of the public schools of said city. when yer
 
 ssame, or the board may rent such houses sand keep said houses in repair and fur Tnished with suitabls furniture apparatus ind appliances and to enable said board to do this and maintain an efficient sys- sfem of public schools free. as nearly as -practicable to all ths school children in the city. thers is hereby laid and levied sunon all the taxable property within the corporate limits of the said city, or that may be lawfully taxabla therein, an an snual tax, two-tenths of one per c5nt. or twenty cents on every hundred dollars asseSsed by the tax assessor Of Jeff rso1 county at the same time. and in the same gnanner, and in the same manner. and under th= same penalties and entered in ths- anne lists with other state taxes And the same shall be collected by the tax collector of Jefferson county at th+ same time and as a nart of the state taxes. And when colleoted shall he paid over each we=k to the tre asurer of said <board to he by him paid out and expend- Ed under the orders and directions of the said hoard that when yer tn tax levied lby the state shall exceed E cents on every k1e0 of taxable property. then the tax t=rebv levied shall be diminished 10 that rate which added to the rate levied by the stat shall not exceed 75 cents on every s1oo worth of taxable prop rty. the limit fixed by the constitution"
 :. The only purpose Of the amendatorv net as declared In its title, was to amend sfhe. two sections namfd. of the former enactment. They were amended. so as to be made to read in the words and figures set out in th= amendatory act, each amendment being round and com plete.within itself. At this point the pur- rseser of the act, declared in it's 5eap ton. was fully accumulated Aft rlais hv i-denendent legisla tion. as we have