Show AFFECTS ALL TAXPAYERS THE SCHOOL TAX LEVY IV Pills CITY Decision Given Yesterday by Judge Kitcliie In the Acton Brought h y Lyilia Y Merrill to Restrain the Collector from Collecting the School Taxes The Law Constitutional Constitu-tional ana the Levy Valid Judge Ritchie yesterday afternoon handed down a very important decision de-cision in the case brought by Lydia I Y Merrill to restrain the county collector col-lector from collecting the 2 mill school tax levy within the city of Salt Lake I on the ground of unconstitutionality The demurrer entered by County Attorney At-torney Whittemore was sustained and this practically decides the case in favor of the county THE COMPLAINT In the complaint it was set out that the 2 mill levy would produce a total of 87012 of which sum 7195626 would come from Salt Lake city alone j and the city it was alleged would pay into the tax fund 30580 more than it would receive back according to the I number of school children For this reason the county school tax levied in the city was alleged to be illegal I DEMURRER ENTERED I A demurrer to the complaint was I entered by the county attorney and Judge Ritchies decision in sustaining II i was as follows tHE DECISION I have given this case such attention I ss I have been able to and the multitude multi-tude 01 other presangr duties The ques ton seems to turn almost wholly uoon the meaning to ba given to the word I maintained in article I section 10 of I the constitution whiah reads as follows fol-lows Uln cities of the first and second class the puojic school system shall be maintained main-tained and controlled by the beard of education of such cities separate anu apart from the counties in which said cles are located Counsel for the plaintiff maintains that the delinitscn gwen in Websters international inter-national dictionary subdivision 4 is the correct one viz 00 bear the e = one or to support to keep up to supply ivat is needed The defendants counsel contends for the definition in subdivision 1 To holt or keep in any particular state or condition con-dition to keep up not to suffer to tai or decline or that in subdivis vi 3 uT continue not to suffer to I cease or toll I have come to the conclusion that it i b gh7V matter of considerable doubt as to tne correct miuning the doubt should be resolved in favor of maintaining the reseat condition of things rather than to assume that the constitutional convention con-vention in framing this provision intended in-tended to make a change I they did I Jr and to change I think it would have I been made clearer than it appears in this I I sectifn I as the plaintiff contends the provision I pro-vision means rat the public schools of the city shall be supported by the board of education separate and apart from the schools of the county and the word wor maintained should b construed s as Ito Ito I-to throw upon the city the burden of the j j support ot its own schools and no i I others the logic of the argument would exclude the city from participating in me state school fund which the lain tIff by no means concedes I think the proper construction goes to the exten merely of conferring upon the board of education the power of keeping intact tTje city school system and controlling it apart from the county system The city system gets part of its sustenance from the state fund and then if its > or ton of the county fund is insufficient to I properly maintain the city system the I board is authorize under certain cir I r certan cr I cumstances to direct the levy of additional I addi-tional taxes for that ourpcse I I is manifest however that the burden bur-den resting upon the city is an onerous i one and works a hardship that ought t I b = remedied but tat ciiity 1s with the legislature and the court cannot assume that the constitutional provision was intended in-tended to deal with the subject without its clearly so appearnr j i THE EFFECT OF IT j j Had the decision been given in favor i of the plaintiff the Inevitable result I would have been the closing of the i ub lo schools in the county before the end of the regular school rear As the matter now stands the retjuirpd funds I will b available and the educational work I w11 run along as usual l I |