Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1912-06-06

| this distribution ito be deemed to be
raised by the municipalities within
the meaning of r. s. chapter 49, sec
| ton Is as amended" does not render
the act unconstitutional as being in
violation of Art. VIII Of the State
Constitution, which reads:
"A general diffusion of the advan-
tages of education being essential to
| the preservation of the rights and
liberties of the people to promote this
| important object, the Legislature are
authorized and it shall be their duty
to require the several towns to make
suitable provision, at their own ex-
pense, for the support and mainte-
nance of the public schools" etc.
While the powers of government
are divided into three distinct and
yet coordinate departments, execu-
tive, judicial and legislative, yet the
executive and judicial departments
can exercise only the powers enum-
Grated in and conferred upon them by
| the constitution and such as are ne
| cessarily implied therefrOm, but the
powers of the Legislature. broadly
speaking are absolute. except as re-
stricted and limited by the constitu-
ton. AS to the executive and ju-
| dietary the constitution measures the
extent of their authority; as to the
Legislature it measures the limita-
| lions upon its authority and no
! limitation or prohibition of the con-
stitution has been Violated in this
case.
1. That Article VIII imposes a duty
| upon the legislature, but The provision
| is nothing more than mandatory. The
| Legislature is in duty bound to per-
form all duties imposed upon It by the
constitution but If it fails to do 50
and neglects or refuses to pass legis-
lation as required ny a mandatory
constitutional provision there is no
, remedy in the court
s. Article VIII imposes upon the
Legislature the duty to require towns
to make suitable" provision for com
mon schools at their own expense, but
the Legislature alone is clothed with
power to determine what is suitable
and is thereby given d wide discre-
ton, as the term suitable" is elastic
| and varying. dependent upon the ne
cessities of changing times. Such
amount would depend largely upon
the amounts available from other
sources
| While therefore the practical
operation of this act has been to
wholly relieve IA cities. towns and
| plantations tout of a total of about
5000 from local taxation for common
schools and has relieved the others
in varying amounts so that the per
capita taxation has fallen far below
| the so cents, yet this is matter
within the constitutional power of the
legislature and the responsibility is on
| that body
9 Nor does the fact that the towns
are not obliged to raise a uniform
amount per capita, but that this
amount varies in the different towns
under the practical workings of this
| act, render it unconstitutional. Towns
are merely agencies of the State.
| they are creatures of the LEGISLATURE
and their powers and duties are
within its control. The legislature
! may enact laws applicable to all
| towns or may compel individual
towns to raise money by local taxa
ton, provided the purpose be a pub
lie one and the tax be apportioned
and assessed equally within that town
and the town receive the benefit
| thereof So long as all the property
| in town A is assessed at the same
rate for the support of schools in
town a. and all the property in town
b, for the support of schools in town
B, the constitutional provision as to
equality of taxation is not violated.
even though the local rate prescribed
by the Legislature in town A differs
from that prescribed in town B.
10. That this act does no: violate
the fourteenth amendment of the
federal constitution. which declares
nor shall any state deny any person
within its jurisdiction the equal pro-
lection of the laws" The object Of
this amendment was to prohibit dis
| criminatory legislation, and as long
as all persons subjected to the law in
question are treated alike, under like
circumstances and conditions, both in
the privileges conferred and in the
liabilities imposed. there IS no viola
ton of this amendment. II was not
intended to prevent state from add
justing its system of taxation I'm all
proper and reasonable ways.
Bill dismissed with costs.