Show THE SCHOOL TAX DECISION judge bitchier Bit chier decision in the ha merrill va to spencer came reaches a point of great importance to the taxpayers and the schools of this state the case was brought to test teat the be question as to whether the constitution allowed taxes to be assessed asse saed on owners of city property to pay the expense of main the county schools school and an order was asked restraining collector spencer from collecting such tax judge ritchie holds that the tax to Is collectible and refuses to grant the restraining order so the taxes referred to will be paid this questa question was brought forward during the constitutional convention and at the legislature upon the same provision in the constitution at that time the took the stand main aired in judge Rit chies ruling there fore the latter la Is neither unexpected nor unwelcome there are some who yet take an opposite view but we believe the judges position to is so ao clearly in line with the intent as well so aa the letter of the constitution that there is no doubt of the supreme court affirming the decision the point raised by the other side to is that where the constitution says that schools in cities of the first arid and second olaes close should be maintained separate and apart from the count countley ler that that bars bar the counties trop from collecting school taxes in cities and iff makes hakes a radl radi oal cal change in the procedure heretofore followed judge ritchie decides that it la Is clear that the phrase in the he cobitt gutlon was not intended to change the old plan but to leave any legislation relative thereto with ithe legis lature the provision in the constitution says gays the city schools referred to shall hall be maintained separate and apart rom the counties but it does not say may that county shall be main bained apart from oi for far as aa source of revenue is concerned and here is the distinction between them the judge points out that it is an onerous burden to require cities attles already over weighted with adal dional taxes above the counties of city and city school districts be sides special assessments to also pay a tax of equal rate with the holders of county property for the benefit of the he county schools but bat abat to Is a matter for the be legislature to deal with it if it can propose a better abettor way yet it if the he rule had bad been made to work the other way through the court courts s decision all the county schools would have been eloped this winter and that would have been a calamity which not even the generality of heavily burdened city taxpayers tax would have welcomed any rule to relieve city property of the load complained of should be by clearly understood legislation it if it be advisable to invoke it at all |