The Indianapolis journal., 1898-09-26
INDIANA UNIVERSITY.
Citations Showing the Legality of
State Appropriations for Its Use.

1
ponents of Indiana University against state
aid in maintaining that institution-irst
that it is private corporation; second, that
such aid is not authorized by the State Con-
stitution. Curious enough, these objections
all refer, in support of their first objection,
| to a decision of the Supreme Court which
decides against them. That court, in Ill Ind,
Page s37, defines the different kinds of cor
porations as follows: There are three classes
of corporations, to wit: public municipal cor
porations, the object of which is to promote
public interests; corporations technically pri-
vate. but of a quasi-public character, having
in view some public enterprise in which the
public interests are involved, ana corpora
tions strictly private The court then de-
clares that which is fact apparent to ev-
cry one. that the State University is of the
second class-that is, a private or quasi
public corporation. 1t may then be assumed
that if this private corporation is really a
public institution, belonging solely to the
people Of the State, and intended to promote
their interests, their appropriations to main
| tain it must be proper and valid
| Suppose we look into the authorities. In
12S Ind, Page ASA, our Supreme Court, in
deciding that the State Board of Agriculture
is private corporation but a public insti-
| tutlon ito which the Legislature had legally
| voted approprlationS), said: The appeneeS
! hold the property of the corporation the
same as do the trustees of private cor
| porations foe educations purposes. The prop
| erty of the VincenneS University and State
| University belongs to the people of the State
| to the same extent and in the same manner
as does the property OF the appellee cor
poration" The court then further says
| 1t is suggested that in the case of a col
! lege, university or hospital, they are created
| for the benefit of only a few-tne university
| for those seeking an education and the hos
those afflicted
| and are permitted to enter for care and
treatment-but with this theory of counsel
| we cannot agree The whole people of the
State are interested in education as they
are that the sick and afflicted should be
cared for. The whole people of the State
! are alike interested in the furtherance of
| education, whether it be of literary char
| acter or in the development of agriculture;
both pertain to the interests of the State"
This seems a peculiar authority to cite in
| public print to convince the people of the
State of the invalidity of the appropriations
In the same authority the court further
| says: "A corporation may be private, and
yet the act or charter of Incorporation con-
| tain provisions of purely public character
| introduced solely for the public good"
The Indiana University could not we'll be
a public corporation and manage the affairs
of a community, build streets and side
| walks, hold court and exercise the police
| powers of the State; but it can be pri-
| same time be a public institution, for the
| benefit of all the people of the State who
! choose to avail themselves of its advan-
| tages.
In 81 Ind, 155, the question was not only
whether q public fund could be raised for
| the benefit of a state university purdue
University, but whether even a county
could not thus expend it's funds for a state
institution. 1t is there said by the court:
| ton and every citizen will have an equal
| right under the same circumstances TO
avail himself of its privileges, still the To-
cation OF 1t in given county will doubt
| less confer upon that county many local
| benefits of pecuniary value"
| speaking of this same university, the Su-
| preme Court of the State said in So Ind,
| Page 2S3: 1T is an institution of learning
primarily endowed by Congress and con-
| priations made by the General Assembly of
| this State. 1t is therefore an educational
| pie at large analogous to those occupied by
| other public schools and colleges of the
State, maintained at public expense, and
one In which all the inhabitants Of the
| State have a common interest"
| But wherever the question has been raised
| and discussed by courts or law writers it
| has been universally held that such appro-
priations are valid, No one doubts but that
a law making an appropriation to strictly
| private corporation in which the public has
no direct interest would be invalid. 1t is be-
| cause of the element of public interest which
| enters into the State University as a cor
| poration that the laws looking to its support
are valid.
But some writer's for Indiana newspapers
| insist that legislation appropriating public
tional and void The basis for this claim
is that the present Constitution is silent
on the subject of such appropriations, and
| since 1t fails to direct the Legislature to
maintain a State University the power to do
so is wanting. They would thus set aside
| all past legislation and prevent any future
| education in Indiana. The courts, which
alone have the power to declare an act of
| the Legislature unconstitutional, hesitate to
exercise this important power and never do
| so except when the duty is clear and incum-
bent. The rule on the subject is given in
l02 Ind, at Page 3l9, in the following Ian
| guage: THE power is one of the highest
| possessed by any tribunal in the world, and
| is, as all authorities agree, to be exercised
| with the utmost care and only in the clear
| est cases. If there is a doubt in the mind
| of the court as to the validity of the statute
| 1t must be resolved in favor of the Legis-
| lature. The courts are reluctant to declare
statutes unconstitutional because of the high
| power they assert in doing so and because
of the respect which is due to the judgment
| of of the coordinate departments of
| government.
1t has been generally supposed by our
| courts and the best lawyers of the coun-
| try that state legislatures have the power
| to pass any law not In conflict with the
| state or federal. Constitution. But this new
school of constitutional lawyers insists that
the power of the Legislature to enact laws
| is limited by the express grant OF the Con-
stitution. If they are right in this their
| arguments in reference to appropriations
| must prevail. But the authorities are the
! cussed as to the validity of state appro-
priations to public educational institutions
not mentioned in the Constitution has rare
ly arisen in the courts of this country
Briggs VS.. Johnson County q Dill, G. G. r.
| 14S) is a case in point. There the question
| was as to whether a law passed by the Mis-
souri, Legislature requiring the levy of a
| tax for the support OF state normal school
| was constitutional and valid although such
| school was not mentioned in the clause of
| the state Constitution pertaining to educa-
ton. The clause of the Constitution con-
| strued in the case is as follows: "A gen.
| eral diffusion of knowledge and intelligence
| being essential to the preservation OF the
| rights and liberties OK the people, the Cen
| eral Assembly shall establish and maintain
| of all persons in the State between the
| ages of five and twenty-one years" The
| court says: Had provisions similar in i'm
| port been found in the Constitution of the
| United States and called for con-
| struction a serious question might
| have arisen on account of its linn
| tied character and the necessity of an
| coming, they do, from the people in
whom all political power resides. we look,
| on the contrary, for provisions denying to
| the Legislature powers not to be exercised,
! for without such denial the exercise of
| legislative functions is said TO be unlimited
| and the discretion of the Legislature un-
| trammeled. For courts to declare an act
| unconstitutional because in their opinion the
| object had in view might have been accom-.
| substitute the dictum of a Judge for the
| discretion of the Legislature" 1t was fur
| ther argued that as nothing was said in the
| Constitution to normal schools, that the
| ignoring of them is equal to a constitutional
| prohibition. To this argument the court re-