The Bellefontaine Republican. [volume] (Bellefontaine, Logan County, Ohio) 1855-1905, 1901-10-15
THE PUBLIC LIBRARY.
The Circuit Court Holds the Law
Unconstitutional,
Which Authorized a Levy Of Taxes
For Such Libraries.

| Some six months or more ago, tn,
Ladies' Library Association of our cit,
decided to take advantage of the Law
that authorized tax levy for such pur
poses, to make the library free pub
lie library.
Judge West and r P. Kennedy ap-
peared before the Board of Education,
and made pleas in behalf of the women.
The levy was made, the tax collected,
and the Board was ready to pay over
the money.
But when the Trustees of the Library
came to select room, there were diff
ferences of opinion as to what room
should be rented. A majority of them
selected the Good room; others wanted
another room, and objected to the
Good room ON account of the rent,
which they thought would absorb too
much of the library fund, and leave too
little for the purchase of books.
RIP. Kennedy, for himself and others,
brought friendly suit. to enjoin the
payment of any of the fund raised by
the tax levy, for rent-claiming that
it could be used only for purchasing
books. The case was decided against
him in the Common Pleas court, but he
carried it up to the Circuit Court.
The Circuit Court reversed the Com
mon Pleas, holding that the law under
which the levy was made, was uncon-
stitutional, and enjoined the Library
Association from paying any money
raised under this law for rents, or "any
object, purpose or purchase, connected
with said library, or for or in behalf of
the said Library Association"
The principle upon which this deci-
sion is.based. is that a tax cannot be
levied on the people to promote any
private enterprise. or the interests of
any private person or association.
The point is the same one that caused
the Supreme Court to declare unconsti-
tutional the Boesel law, under which
Lake township voted $4,000 to build
the Bellefontaine and Evansville rail
road.
There is no use taking the case to
the Supreme Court, for the decision is
correct.
But it will be seen that the Court not
only rules that the ladies were incor-
rect in wanting to use the money to pay
rent, but that Judge West and Mr..
Kennedy were wrong when they urged
the Board to make the levy for the Lii
brary Association.
The decision makes it impossible to
make such levy to help the Library
in any way, and if the Library is kept
up, it must be by subscription or some
such way.
The Library has proved a very pop
ular institution, and the room selected
has proven to be an excellent one for
the purpose. The patronage Of the
Library has been very large, and its
usefulness cannot be estimated.
During the FIVE months and twelve
days the library has been open to the
public, it has been visited by 5, 345 per-
sons who went there to read or consult
works of reference, and s,60S books
were circulated or taken out for read
ing. This shows that an average of
37l persons day, visited the library
to read or to see references, and an
average of 6S} books day were taken
out. OF late, we are informed by the
fSecr etary, there has been an attend
ance at the room of from 80 to 100 in q
day.
The Association has paid out not .
dollar of the money raised by taxation,
for rent. They have received of the
fund raised by the levy $620.30, and
have paid out of this amount s612 "a
leaving a balance of $S.O6 on hand.
Over s400 of the amount was paid for
books, and the balance for furniture
and running expenses. They have
had over $500 worth of books donated
| to them.
| The decree of the court forbids the
paying of any of the balance on hand
SS.O6) for any purpose, but says moth
ing about returning the amount re.
ceived from the board. That we sup.
pose, will be recov cred, (by suit of the
board on the indemnity bond giver
to the board.
The unfortunate outcome of the trial
is to be deplored. 1t will be a greal
misfortune to many, and will be great
ly regretted by all.
Not only our own city, but the Ii
brary Associations of eight others viii
be affected by the decision.
RelIefontaine ExDort Trade.