The Richmond palladium and sun-telegram. [volume] (Richmond, Ind.) 1907-1939, 1920-10-30
SCHOOL LAW
VALID UNDER
CONSTITUTION
Judge William A. Bond Rules
Indiana Consolidation Act
of 1917 Accords With
Basic Law.
IS the INITIAL OPINION

In an opinion given Saturday by
William A. Bond, judge of the Wayne
circuit court, the Indiana school con-
solidation act of 1917 is declared con
stitutional
The opinion of the court was given
on a demurrer to the amended com
plant in the case of the state ex rel
Consolidated School township OF
Cambridge City, Indiana, and Jackson
Township, Indiana, against Amos E.
Ehle, trustee Of Jackson township.
1t was set forth in the complaint
that DIR. Ehle by virtue Of his office
was a member of the consolidated
school board but had refused to rec
ognize the existence of the board and
to attend its meetings. 1t was alleged
further that he had refused to turn
over to the treasurer of the consolidat-
ed board the school funds Of Jackson
township which he had received from
the county treasurer.
The court was asked to order DR..
Ehle to assume his duties as a mem
ber of the consolidated school board
and to transfer to the treasurer Of
that board the school funds he was
holding.
No Action on Complaint
The court as yet has taken no action
on the complaint. His ruling Satur-
day is confined to an Interpretation
Of the constitutionaltty of the act
under which the schools Of Cambridge
City and Jackson township were con-
solidated. The title of the act reads:
An act providing for the consolida-
t1on of schools in Incorporated towns
or cities of the fifth class with the
schools of the township in which such
town or city is situated, providing for
the management, control and main
nance thereof, and providing for the
,pair of old school buildings and the
tuilding of new ones, and for the is
suance of bonds in payment thereof,
and declaring an emergency"
The memora ndum accompanying
the dernur contends that the act is
unconstitutional and void
1t is set forth in the demur that
Section six of the act is in violation
of Article 10, Section l, Of the consti-
tuition of Indiana. Section six of the
school act reads: THE cost of main
tanning such consolidated schools shall
he apportioned between the town and
the township in theF territory out
side such town in proportion to the
number of children of school age
enumerated in each corporation
Contention Set Out
The defendant contended that un-
der the school act single taxing dis
triot is organized which embraces the
territory in such town and that in
, such township which is included in
such consolidated school district. and
therefore, a rate of taxation cannot
be fixed for one portion of such tax
ing district which is different from
that fixed in another portion thereof
Judge Bonds opinion reads. in part:
This act does not purport to con-
solidate, join or unite two existing
school corporations into a new school
corporation or taxing unit, but it sim
ply provides a new method of proce-
dure with reference to the existing
school corporations, leaving them
alive and with all their existing statua-
tory powers but under new manage
ment, and pursuant to new method
for exercising such powers. Within
the limits set forth in the constitution
the legislature is supreme concerning
the establishment of system of COM
mon schools and the uniting together.
Joining or consolidating the schools of
two or more school corporations: and,
under such circumstances, the courts
have no right, power or authority to
interfere with such Legislative ac-
tion.
Approves Validity.
at seems reasonably plain that the
legislature, under the act in question,
did not attempt to relieve any school
corporation of its former legal Obliga-
tons, nor did it attempt or intend
that any such school corporation
should be required by taxation of the
property or individuals within its linn
its to provide thereby for the educa-
ton OF children residing within an
other school corporation.
I'VE are not familiar with any con-
stitutional provision of this state that
lis violated by such legislative enact
'ment, and We. therefore, hold such act
to be constitutional"
RorrJ Receives Bids For