Year: 1871

provisions fixed and certain, which


the legislative power is impotent tt
change, to wit:


l. All children between the age!
of six and sixteen shall attend eithel
a private or public school.


@ The General Assembly shall
provide for liberal and uniform
system Of free public schools through
out the State.


8. The General Assembly shall
make provision for dividing the State
into suitable school districts.


4. The schools shall be kept open
for at least six months in each year
in each school district


S. The General Assembly shall
levy, at each regular session, tax
on all taxable property in the State
for the support of the public schools
6. The school tax thus raised shall
be distributed among the several school
districts, according to the number Of
pupils.


With these provisions in the con-
stitution-the supreme and funda-
mental law of the State-is it not
idle and waste of time for the Leg
islature to attempt to pass an act in
consistent Herewith? Suppose all
the people in the State were to refuse
to make such assessments, would not
the effect of Section 20 be, if carried
out, to stop all the schools in the
State? Suppose all @ere to refuse
but one city or county, would not
the effect Of the Section be to give
that city or county the whole State
appropriation? But, it seems to me,
that the question is too plain, and
that the position that the portion OF
the act under discussion is too self
evidently true to require further ar
gument, and 1 pass on to my second
point, to wit:


2. That the assessments, if levied,
cannot be collected, because this por-
ton Of the act is also unconstitu-
tional.


A sufficient argument to sustain
this proposition may be drawn from
the 5th section of Article X, before
quoted, and it is this: That section
authorizes and requires the General
Assembly to levy an annual tax for
school purposes, but no part of the
Constitution empowers that body to
delegate its authority and power in
this respect, either in whole or in
part, to any other body. While it
may be true that the General Assem-
bly, may delegate some Of its powers
to inferior bodies and municipalities,
it cannot do so while it exercises the
power itself, for the objection would
arise at once that two bodies are leg
islating in reference to the same sub
ject matter, in the same period Of
time. As for example, the power of
taxation, for municipal purposes, may
be delegated to cities and towns, but
the body which delegated that au-
thority cannotitself exercise the pow
er for the saile purpose during the
same period of time. The city of
GnarfesttA; for instance, pays a city
tax, county tax and a State tax, but
these taxes, though levied and posi-
bly, paid at the same time, are raised
for very different purposes. But sup
pose the Legislature, having author
lied the city to levy tax for city
purposes, were to also levy a tax
upon its inhabitants for the same
purpose, for the same period Of time,
would the two taxes be legal? Most
assuredly not; and yet this is exact
ly what is proposed to be done with
reference to the school tax, except the
Legislature has taken the lead in
point of time, and authorized the in
habitants OF school districts to follow.
At the last session an act was passed
authorizingthe State Auditor to cause
to be levied and collected tax of
seven mills for all State purposes, in
which, of course, is included the ap-
preparation yet to be made for school
purposes. By this act, the constitu-
ttional requirement is complied with
and satisfied. The only body au-
tborized to levy a tax for such pur:
pose has exercised the power, and
hence it follows that if the people or
any otherpretended authority, should,
for the same purposes, levy an add
.:onal tax for the same period of
time, the act of SO doing would be
without warrant Of authority III Law,
and therefore null and void Such a
tax cannot be enforced, and the at
tempt to enforce it will only prejudice
the interests and. prosperity of the
free school system. Let the Leglsla-
ture adhere to the Constitution, not
only for duty's sake, but for policy
and wisdom. 1t ylcvy and tax all
it pleases for school purposes, but 1t
cannot delegate either the whole or
any of its power to any other body
o. authority. -,


Kingstree, S. G., Sept. 20, 1871.
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