Evening journal., 1919-09-12
THOUSANDS WHO
Fight SCHOOL LAW
PROVE PHANTOMS'
ConlInned from FIrst Page.


nents OF the code had runners" put
in Sussex county last night, trying to
work up a large delegation 10 come 10
Dover today, and IL was also reported
that the active opponents have gone
so far as to start a petition addressed
to the court, asking that the law be
declared unconstitutional, but this could
not be verified.
Governor Townsend has receiyed no
more petitions against the code since
Yesterday. when three were received,
containing flfty-sven signatures.
As all those Interested were pres
ent. the court decided to start the ar
gument at 1890, instead OF A o'clock.
Chancellor Curtis Is presiding and
after court was opened he asked for
ihe names OF those who would appear
and present oral arguments Tor and
against the school code.
Those appearing against the code are
Robert O.. Harman. and City Solicitor
John W. Huxley. OF Wilmington; J..
Irving H3ndy Of Smyrna; James H..
Hughes and james NJ. Tunnel Of George
town. Those appearing for the code
are Attorney General David J. Reinhardt,
who stated he had been asked by the
state Board OF Education and The gov
ernor to uphold the constliuiionality OF
the act: William :. Hllles, OF Whining
ton. and Henry Ridgely OF Dover.
Counsel on each side. .intimaied that
they would take about two hours each
so that il Is expected the arguments
viii be completed by . o'clock this
afternoon.
Robert c. Harman made tAe nrst ar
gument against the code. Mr.. Hartman
had a written brief and submitted the
following seven reasons why, In his
opinion, the law Is unconstitutional:
First. u delegates legislative powers.
Second. II was not passed by a two
thirds vote, which. he claims, is re-
quired under the constitution.
Third. It requires a capitation tax
that is not uniform in the county In
which II is levied.
Fourth. It requires taxation on real
and personal property that Is not uni
form in the county viz, In the terri
torial limits OF the authority levying
the tax.
Fifth. It provides for the creation.
change and abolition Of school districts
in a manner that is not by general law.
Sixth. 70 treats OF two subjects, one
only OF whlch/is expressed in the title.
Seventh. 10 directs vested rights and
impairs the obligation Of contracts, VIZ.
in changing, lessening and taking away
the security OF the holders OF school
bonds without their~consent.
Mr.. Harman offered a number OF au-
thorlties to uphold his arguments for
the seven reasons presented. In conclud-
ing his argument. Mr.. Harman said he
especially relied in his contention that
the law IS unconstitutional on three
points named, lit delegates legislature
lit was not passed by a two
thirds vote as required by the constitu-
ton" and that the taxation powers un-
der the law IS not in conformity with
the constitution"
Former Congressman Handy followed
Mr.. Harman, and his argument was
based on the contention that the code
is unconstitutional in It's taxing pro-
visions. as IL Is not uniform as pro-
vided bv the constitution. He argued
that under the new law the tax rate Is
not the same in all districts OF county,
and as a matter Of fact there Is a ma
terial difference in New Castle county,
it varying from 46 10 50 cents on the
800. He also pointed out that the capi-
tatlon tax fixed under the code IS not
uniform. Il being s. IN some districts
and Sc in other districts, whereas the
constitution says the tax must be uni
form. In support Of his argument Mr..
Handy pointed out that the district
under the code does not even fix It's
own tax rate. but the district simply
prepares a budget and the Levy Court |
fixes the rate.
City Solicitor Huxley, OF Whining |
ton. followed Mr. Handy and he upheld |
most OF the points made by Mr.. Har-
man as to the code being unconstitu- |
tional He especially dwelt on the /
polnts that the new law delegates leg |
Islative powers and that II was not /
passed by two-thlrds vote as re-
ulred by the constitution.
Mr.. Huxley brought out one new OBJ
lection. He pointed out that the legis- 4
Iature is empowered by the constitu- /
ton TO provide for general education
throughout The State. lie stated That /
as Wilmington has not accepted the /
provisions OF The code. The new law /
docs not provide for a general oduca- b
lion as the constitution sels out must