The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-07-29
ESTERDAY's TEMPERATURES.
washington time q p. m. s. Paul.,
4 DErLoRARLE DECISION.

That the council should have taken the
corporation attorneys opinion that the
law which permitted the increase of the
school tax levy is in violation of the
amendment against special legislation IN
preference to that of equally able lawyers
that it is not, is matter none the less de-
plorable than that they adopted his sug-
gestion to make the one and half mills
separate levy. Thse course invites an at
tack upon the levy that would not have
been dared had the tax levies been
merged and the whole tax put at risk.
We cannot conceive that any resident in
the city would initiate litigation to de-
feat the additional levy, but there are
bloodless spectators owning realty here
who reside in other states who would be
Indifferent to the public contempt such
action would bring upon them.
Had the corporation attorneys opinions
heretofore on the constitutionality of leg
lslative acts proven accurate the council
would be better justified in leaning upon
II in this case than they are. If the SUI
preme court, in the case he rested his
opinion upon, held an act applying in
fact to St. Paul only, though general in
terms. to be invalid, it by no means fol-
lows that it would hold one that applies
to several cities invalid, especially in view
of its holding in the case of the Henne-
pin county court house bonds But aside
from cases and case lawyers it is not
improbable that, in measuring this law
against the special legislation amendment,
the court would take into consideration
and give effect to that mandate of the
constitution which commands the legisla-
ture to make such provisions, by taxa
ton or otherwise as will secure a
thorough and efficient system of public
schools in each township in the state"
The spirit of that provision is the very
life of the act of last winter. and we
have not the slightest doubt any court
would SO hold.
The situation confirms the soundness of
tho criticism of the property basis of taxa
ton for schools as unscientific and full
of such pitfalls as that in which st. Paul
schools have been foundering for three
years Even if a contest results in an
affirmation of the law of last winter. it
will be but few years before the finan-
cial slack given by its increase Of rev.
enue will be taken up and the strain will
be as hard and injurious as this has been.
Property valuations depend upon the
whim of an assessor and, often. upon his
honesty. and may rise or fall without
the slightest regard to demands of the
schools. These, until community be-
comes stagnant, inevitably increase an
nually. Any increase in revenue from
enhancement of valuations is bound to be
overtaken by the steady, persistent in
crease of legitimate and unavoidable de-
mands for education
The scientific as well as the natural basis
upon which to estimate school revenues
is school enrolment We recently called
attention to the recognition of this bv
the trainers Of the charter adopted by
the voters of San Francisco, which names
a maximum of $50 annually for each pupil
enrolled in the public schools in the wear
preceding that in which the levy is made
This gives fexibility to the revenue.
letting it meet the demands upon 1t.
while putting check upon extravaganza
Such provision could be incorporated
in the general school law of the state
or in an act applicable only to the $4,000
city class, and it would at once solve not
only such difficulties as we now face. but
those bound to arise hereafter from The
same causes But that is matter for
present thought and future action. For
the present we can only trust and hope
that the purpose of the act of last winter
VIII lind its way into effect notwithstand