Evening journal., 1919-08-06
KENT LEVY COURT
SEEKS DECISION
OF STATE JUDGES
lconllnued Ftom FIrst pasel

Continued From First Page)
taxes Of other county districts. a capl-
tation tax as nxed and specified In the
annual school budget Of the County
Board Of Education. and TO levy ana
collect such tax at the time OF col
lection and through the collector or
collectors Of other county taxes, on the
assessed value as determined and fNod
for other county taxation purposes OF
an personal and real property of the
county, subject 10 the county school
tax aforesaid.
"A provision then follows, that FOR
the school wear 1920. the County
Board OF Education shall prepare The
annual school budget and present II to
the Levy Court as soon as possible
after July 4. 1919.
substantially the same provision ap-
pears in Section 1871 as 10 the assess
ment Of taxes for The special districts
These provisions are undoubtedly not
only clear and specific but mandatory
upon the Levy Court, unless FOR some
reason the statute, as a whole, Is IN
valid
"publlo education Is undoubtedly
treated as one Of the most important
functions Of the state government IN
The various States Of the United states
and Is everywhere provided for either
by statutory or constitutional pro-
visions
IN this State the Importance ~ this
subject Is emphasized by "a mandatory
constitutional provision as follows;
Section OF article 10. Of the constl-
tuition "The General Assembly shall
provide for the establishment and main
tenance of a general efficient system or
free public schools"
Section . Of the same article provides
that In addition 10 the income OF the In
vestments Of The public school fund,
the General Assembly shall make pro-
vision for the annual payment Of not
less than 100000 for tho benoflt Of the
/ free public schools. which with the
income Of the investments OF the pub
! Tic school fund shall be equliably ap-
portloned among the school districts or
the states as the General Assembly
shall provide"
Il VIII be noticed That there Il no
provision IN this article ~ the constl-
tuition requiring a two-ihirds vote by
| the legislature; that being true. a mere
majority vote Is sufficient FOR The pas
sage OF any bin coming under its pro-
visions.
The school code undoubtedly does
provide for the establishment and
maintenance of general free public
school system. n also provides for the
distribution OF state funds among the
various districts and for The express
repeal Of the general school law. COW
ering the same subject which was pass
ed by a prior Legislature.
Whatever YOU may feel as to the pro-
visions Of the code. az 20 whether th'
terms are too drastic and the taxes i'm
posed too burdensome. it seems dim
cult to oscape the conclusion that ihi
new code comes clearly within th
spirit and meaning Of article 10 OF th
constitution and that a mere maiorit
vote IN the Legislature was, therefore
sufficient
There has been some general tall
about the validity Of his act. which u
my judgment has no real foundation
and which arose In the FIRST instance
from a lack Of knowledge Of ne lengthy
provisions. As a matter Of fact, whili
several Of the foremost lawyers Of th'
foremost LAWYERS Of the state have
given opinions supporting the validity
Of this act. so FAR as know, not a single
lawyer who has Investigated the ques-
tlon at an. has given an opinion IA
the contrary The only suggestion
have heard against the validity OF this
act Is that it comes under the provisions
Of article Q Of the constitution. and
not under article 10, and that a two
Thirds vote was. therefore, necessary
Section Of article . provides that
mo corporation shell hereafter le Great
ed. amended. renewed or revived by a
specill act nor shall any existing cor
porate charter be amended. renewed OF
revived by a special act but only by
general law. but the foregoing pro
visions shall not apply 10 municipal
corporations. banks or corporations fol
charitable. penal reformat0ry or educa-
tlonal purposes sustained IN whole OF
In part by the State No gen.
eral corporation law nor any special
act Of incorporation shall be enacted
without concurrence Of two-ihirds ol
all the members elected TO each House
Of the General Assembly"
Prior 10 the passage Of tho code the
school legislation Of This State was Of
thefollowing character First, a gen
c-al school law covering all OF The
school districts as 10 some phases o.
n: second. certain legislative acts GOV.
erlng ceriain special CONSOLIDATED
school districts Both classes Of th'
legislation above referred 20 apply "a
schools which compose a part OF tho
general free school system.
Even n any Of the legislation creates
corporations in the strict meaning Of
that term. the educational corporations
referred 20 in article 2 do not in my
opinion belong to this class. In my
opinion the only corporations In this
State which come within the provisions
OF article . are Delaware College and
perhaps the state College for Colored
Students.
The new school code does not, In my
Judgment create corporations. Levy
Court Is compelled 10 levy the tax when
a budget in accordance with It's pro-
visions is presented 10 Il.
II individuals are dissatisfied with the
terms Of this act they can easily ques
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