Newark post., 1919-09-24
FULL TEXT OF DECI-
SION DECLARING CODE.
CONSTITUTIONAL
Judges Discuss Six Points Rails
ed by Opponents in Argu-
ments and Briefs

to Governor Townsend by the State
Judiciary, declaring the new school =
Code constitutional: Z
Wilmington, Del, Sept. II, 1919.
Hon. John G. Townsend, Jr., Gov
ernOr.
Sir: In execution of the purpose
indicated in our letter to you Of
September 3, 1919, we sat in Dover
on September II to give to any at
torney the opportunity to be heard
and heard arguments for and a.
gainst the constitutionality of the
recent legislation called the School |
Code, made by several of the able
lawyers Of the State, and have
Icarefully considered the subject
matter laid before us, and herein
submit our views and conclusion.
The act in question was passed
hpur8uant to the mandate contained
I'm Section l Of Article X of the
Constitution.
To be constitutional it must have
been general To be general it
must provide for free public schools
for all of the children of the State.
A general law providing for the
establishment and maintenance of
a system, uniform or otherwise, of
free public schools and made ap-
lplicable to every school district,
town or city, incorporated or other
kwise, without the consent and even
against the will Of such school dis
trict, town or city, would if prop
erly enacted be a valid exercise of
! this constitutional mandate Such
= an act would overrule and annul
= the provisions relating to free pub
lie schools contained in acts relat,
ing to free public schools contained
in acts relating to school district
incorporated and unincorporated
and to incorporated Boards of Edu
cation. Such bodies whether in
=, corporated or not are mere agencies
= Of the State for executing the gov
- ernmental function Of providing
, free schools. No cOntractual rela
: tions arose either from the enact
- ment of their charters and the &C
: ceptance thereof and action there
= Aunder or otherwise. Therefore, tn
Il State in the exercise Of this govern
~ mental function can at any tim
:: choose new agencies to carry on
Il this public purpose, whether sue
agents be bodies corporate create
rr before or after the adoption Of tn
Constitution Of 1897 Such we b.
lieve are general princiuels apple
o. able to the act under consideration
ld The validity Of said act has bee
al attacked on the following ground
ng viz:
Id |. Because it did not receive ii
Ss concurrence of two-thirds of all Il
90 members elected to each House
ne u. the General Assembly.
II, :, 2. Because it requires the asses
aii d ment and collection of capltatlt
ne taxes that will not be uniform
10 the county in which they are to
ppy levied, and property taxes that W
m pe not be uniform in the terrltorl
'ht limits of the authority levylng t
,ch 'ii''i''
49, same. -.
aS- T. Because it impairs the oblie
que tion of contracts by changlf
ol lessenening and taking away t
tne security of the holders of scht
nlo bonds without their consent. -.
h1o 5. Because it requires the COLI
or or ton of taxes based upon an asse
'lo ment from which the taxables
Is given no right of appeal or opp
'he % tunity to correct mistakes, there
oeo depriving them of their proper
oil without due process OF law.
orh 6 Because it treats OF TWO 81
iects, only one of which IS express
=, in the title.
L There may have been one or q
other specific objections made
we'd tbev were covered in the discuss
nta- Of the grounds stated
D. Our conclusions are these:
slhs s School districts in this ST
) 1oof of created by special acts OF the le
: ~. - latnre. and the districts ana poa
'les a created by the act IN question,
, a. - = NOT acts of incorporation VIII
hos ~ the meaning of Section /, Ar'
,i1a ias tx. of the Constitution Ihey
a,io ~ neither private nor munlclpal
y = porations, but may be regafae. c'
:, I'll public quasi corporations 10Y !,
,eni :, Mcintyre, Z Houst, A (S9),
APP, ! - are not separate, Independent \.
! 70 :, nermanent corporations, but N 7.
J !, raj parts Of the general eouca.r ,.a.
n