Pine Bluff daily graphic., 1915-07-13
ii Justice McC cCulloch and |stice Hart Dissent from Opinion.
kTE AID TO HIGH l SCHOOLS ESTOPPED
pst State Tribunal Holds Act in Iliet with COnstitutiOn-COmmOn lool Fund Can Be Disbursed htholt Specific Act Biennially.

file Rock, July 12.-The Arkan-
 Bupreme court has adjourned
 September 20, and in a few days
 iudges will have scattered tC
 several summer resorts for re-
 ration from a most strenuous
 on.
 e of the last acts of the cour!
 to decide the Hot Springs racing lon it's merits, sustaining Cover
 Hays veto. But it was not un- Sous decison, Chief Justice Me- bch and Justice Hart having dis Id. The court holds that all the
 Native records show that the b'll
 properly vetoed. This kills the
 hope of the Hot Springs fair as- ltion for authority to operate the Emutuel system of betting at the E fair.
 Eo other important suits involv- he state school funds. I; WIS de- B that the method that has always in vogue for the distribution of School fund is valid and sufficient l that it is not necessary that the blature should make a biennial fopriation. In act, it is a continu- constitutional appropriation O. s for the maintenance of the |mon schools.
 The thought prevailing the whole
 ie covering the subject of school
 s.' says the court, "is that the
 Is thus raised shall be used con- |ously for the purpose of main png free schools, not to hoard up money for particular uses, but to flbute the same by some just nod, so that year by year the mon schools of the state could be htained."
 his will set at rest the question has been curing with great plarity regarding the distribution The common school fund. fate Aid to High Schools Illegal. tate aid to high schools, originally Vlded by act of 1911, is declared to in contravention of the constitu- i, and the action of the chancellor the payment of the fund , ustained.
 f the legislature had the power appropriate $5O,OOO in 1911," said court, "that amounted to a con. Ing appropriation and was valid e the general provision for blen-
 appropriations has no reference chool funds.
 se are of the opinion that tn, Stature has exceeded its powers ne enactment of this statute, su as it relates to the method of dis ''ng the fund. The common 'ol funds cannot be distribute particular manner so as to dis mate between different localities ne legislature has the power to $4O,o0O of the common school and use it for aiding rural h'gh 'ois, 1t has the power to take 'ooO of it and use it in the aid Of largest city in the state. Either '.ruction would be an uneuua Fibutlon of the fund which prc s uniformity in it's enjoyment. 'ur conclusion is that the chan 'r was correct in restraining the tor and treasurer from using the mon school fund in the manne, .'lied in the act of 1911, not be. e a re-appropriation is required y two years, but because the act IS IS void in attempting to segre
 $oo,oOO of the common school and arbitrarily distributing il hs certain classes of beneficiar Decisions Rendered. ne following opinions were ren ,a ana proceedings had in the su. ne court today:
 cCulloch. c. J.:
 ustin Henderson vs. Town O ~ asesDoro, from Pike circuit; af sa. ,S Wood and Smith, J., dissent ,nu kennedy ct al. vs. State, from rue circuit; affirmed. ways vs. Geo. T. Blair, from rcy 's cha9cery; reversed and re
 
 l. nLouls, Iron Mountain & South
 Haiifoad company vs. Leslie F