| Show CITY AND COUNTY SCHOOLS SOUTH BOUTH COTTON cottonwood WOOD august 81 1895 your favor in answering my question of the lost is appreciated the view you take of the question i Is the opposite of the view I 1 and others other hold with regard to auction 6 article 10 of the constitution of utah your comment on toe the section seems to be ol of a nat nature to lovite invite further discussion of the issue aue therefore I 1 hope you will be as aa kind io in presenting my views as you were in giving my last filet tion space apace in III your paper the only apology I 1 offer is that of a difference of opinion which wiloh being discussed la Is always beneficial I 1 also alio believe two lull question should be placed squarely arely before the people because if my view be a correct one there are cea to be looked for ot of far reaching importance porta noo it would indeed be a satisfaction could I 1 I 1 conscientiously agree with the abe interpretation you present but to wo me it ft theta there to la an intended departure from the system now lavogue in ln vogue with regard to the maintenance of the public schools sc boole it I 1 ie a question that bai been the JUI legislature slature a number of times abat of separate ep arate taxation for city schoola echo se boole ola it also appears that this fight to is to be settled fettled for all time by the adoption of 0 te e constitution I 1 infer there to a change intended it if not why was that section placed in the constitution I 1 not the existing law jaw to per the system and why was the wording of the present law jaw so BO materially changed when the sub tance was transferred to the tion article 16 15 section of the school law relating to cities of the first and all public schools and property shall be under the direction and control of the board of education becklun of the same article says the board of education shall establish estabi leb locate auti aud maintain schools of the various grades but bat here there Is ie no chance lor for the question of taxation or the meaning of the word maintain as the law specifically states how the funds lor for the maintenance of such schools shall be provided this the constitution does doa not di dc it to is truly silent on that sub edt 00 we agree precisely to in that the section implies that the schools of the cities of tue first and second class claim must be maintained separate and apart from rom those of the count countley ler 11 il if anat be true why le Is the converse not true also there being nothing stated to the contrare contra agry rj we do not agree in that the schools of the cities of the first and second class are now maintained supported and controlled be separate parate and apart from the schools of the counties there to i ft A uniform taxation taxa tiou for all pro property porty in the cout courties ties for county school purposes property be within a city corporation or botand the money accruing to is distributed tri equally according to the census enumeration whether the children reside within or without cities the only separate parate Be fund provided for the maintenance of schools in cities separate from those thole of the counties to is that furnished by special taxation and that power of special taxation cities have only in common with other organized school districts jim in the counties hence cities of the first and second olasa class are DO not taxed twice any more than any country districts exercising the power vested to in them of levying v special school taxes thore there Is a vast between constitutional or fundamental law and legislative enactment permitted by the provisions of the fundamental law and there must likewise be a difference in the scope of the meaning placed upon the constructions of the same toe the constitution provides for separate maintenance of schools in 10 cities of the first and second clies and vests vest in cue ne legislature power to delegate to the authorities ot of cities or towns the power of taxation for ar corporation pui purposes poses if there is to be any discrimination with regard to taxation for or other purposes sep it is a quention tion of vital I 1 m poi tance one t fiat affects affect the U underlying principles of all democratic institutions and one that demands the atton attention tion of every citizen D W MOFFAT |
