La Junta tribune., 1915-04-10
HIGH SCHOOL DECISION.

Text Of Supreme Court Decision A.,
fectia8 Our Local High school
-Others In same Boat.
In last weeks issue Of the Yuma
Pioneer We quoted In full clipping
from one OF our exchanges the
La Junta Tribune-an article on
recent opinion OF the supreme court
Of Colorado concerning the legality
Of the taxes levied by the county
commissioners for the support Of
high school at La Junta. This case
was appealed from the district
court Of Otero county. Colorado. and
was brought BY 4 taxpayer in an
outside district. who Qesttoned the
right Of the county commissioners
to tax him for . high school located
at La Junta. The lower court ruled
against him and he appealed. with
the result that the supreme court
has handed down . decision that will
no doubt. have far reaching effects
in those counties where this high
school tax. although In most cases
not excessive. has been obnoxious TO
the taxpayers residing out Of the
district and 20 remote from the high
school that they receive no direct
benefit. ~ n
We went to the trouble and ex-
pense Of securing copy Of this
decision. and for the benefit Of our
readers and the taxpayers OF the
county. We quote the opinion Of the
supreme court - handed down By
Justice Gsbbirc with the only COM
ment. that. - . similar situation to
that In Otero county exists In Yuma
county. II will Be we'll 70 investigate'
thoroughly that We may determine
our future course - regards paying
our quota toward the Wray high
school: - this has bsen . cause o.
contention in this county. and our
wray brethern have often expressed
themselves ~ wishing that the peo-
pie Of the west Of the county might
in some way be relieved from the
burden Of this tax. In order that the
revenue therefrom could be devoted
to our own local schools: and Il now
appears that the way has been open
ed up for this relief.
An investigation Of this opinion BY
Justice Gabbert shows that Il goes
to the constitutionality Of the high
school legislation In this state In that
the acts do not provide for the elec-
tion Of the high school board by the
electors Of tie district. but gives
the right Of selecting the high
school board TO the majority OF the
members Of the school boards en-
braced In the high school district.
which, q the court says In the opin-
20. violates both In letter and In
spirit. Article 3. Section Is. Of our
State Constitution"
"In 1909 the General Assembly
passed an act entitled. An act to
provide for the creation Of high
school districts In the counties Of
the second. third. fourth and fIfth
classes. and 10 provide for the es-
tablishment OF high schools therein.
by lcvying taxes and creating a
bonded indebtedness by Section
Is Of the net II was provided: Each
high school district heretofore form
ed. or that may be- formed as pro-
vidcd by this act, shall exercise all
the powers and perform all the du-
ties that ARE. nj the time OF the
adoption OF this act. accorded 10 and
required OF directors throughout
thes tate; provided. that the amount
Of tax certified 10 the county COM
missioncrs for the maintenance Of
the high school In any high school
utHtSSCt buhu iH u" S~rr cSs"s~ sU~s
mills on the dollar Of the assessed
valuation Of the high school district
ny Section lG. II was provided:
The county commissioners Of any
county wherein In a high school dis
trict heretofore organized according
70 law. or where any high school
district Ii organized under the pro.
visions Of this act. or heretofore Or.
ganixed ~ \ union high school at
any county seat under Section ssss.
Of the revised statutes Of Colorado
Of 1908. shalt levy annually. At the
time Of levying taxes for other pur-
poses. q high school tar on oil the