The Kalamazoo School Case

From the Kalamazoo Telegraph, Jan. 31. The argument in the oase of Charles E. Stuart and others, against School District No. 1, was finished last e veuing. Thebill in the case i filed by the complainants to restrain the collection of what they contend to be an illegal tax. They olaim that the law does not authorize the employment of a Buporintendent by the Board of Trustees, or the maintenance of a High School by taxation. With regard to the superintondent the argument seemed to be that ho had been appointed by the board, under the provisión of the act of 1850, chartering the village, to perform some of the duties of tho Board itself ; that the board are required to perform those duties withcut receiving compensation, and that it was intended that the labor done by the superintendent was to be without expense to the taxpayers of the district. Moreover it was contended that the provisión referred to was repealed as not being included in the acts of 1859 and 1861. As to the question relating to the High School - it was contended that there are two classes of schools provided forbylaw ; the primary, including the graded, and High Schools ; that High Schools can be established only on the vote of the district, tho district having a certain number of children beforo such voto could bo taken. There has been no such voto in thia district; but, notwithstanding, a High School has been established, which, for the purpose of argument, was assumed to be any institution where studies other than thoso cornmonly known as the English branches are taught. It was further argued that the constitution and the laws permitted freo instruction sirnply in the English branches. Section 4 of article XIII. of the constitution, the general law of 1859, for tho establishment of Graded and High Schools, and the charter of the village were relied on in support of this argument. The section of the constitution provides that the Legislature shall establish primary schools for a certain number of months in each year, and that the studies shall be taught there in the English language. The law of 1859 provides that the District Board may fix the rato of tuition to be charged, and the charter ot the villago enacts that the people at their annual meeting shall determine the amount to be raised by taxation for the teaching of the English branchos. From these provisions it was argued that it was cleariy the intention of the law to próvido free instruction iu the elementary branches. It was conceded, wo understand, that should a high school be properly established, it might use the proper - ty of the district ; but that any additional expenso incurrod in its behalf must be mut by charges for tuition, and not by taxation. ün the part of the shool district, it wa3 contended that, as to the superinI tendent, the power to appoint, given by the act of 1850, was f olio wed by a power to pay all the expenses of the district, and that the power of appointment necessarily included tho power to pay the appointco ; that the provisión for such an appointment was not repealed, as the acts of 1859 and 1861 provided that the general law and all previous special logislation should apply to the district - a provisión of no uso whatever unless re-enacting already repealed laws. In tho first place, counsel arguod there was no High School in Kalamazoo, but that under the provisions of tho charter the board had authority to grade its schools and provide for instruction in any study they saw fit ; that, under no law of the State, was it provided what studies stjould be pursued in any of the different classes of schools, and anything from the alphabet up to professional studies (except theology) might bo taught in a primary school ; that graded and high schools were established simply for convenionce in arranging for the accommodation and instruction of large numbers of childron. The board here, acting uuder this power, had graded its schools and taught the higher studies to sucb. perfection that its school was ono of those from which graduates were admitted to the University without cxamination. That such a school could be supported by taxation thore could be no doubt. Indeed, it was arguod, tho board in Kalamazoo had no authority to charge for tuition, and the school must be supported by tax ation. Assuming, howevcr, that there is a high school, the power to support it by taxation is possessed. The article of the constitution providing for free education is mandatory and not prohibitory. It enacts that at least a certain amount of ucation snaii De proviaed. tree oí expense, but it does not limit the power of the lcgislature to provide for a still higher education by taxation. The provisión in tho law of 1859 gives the board the right to charge tuition, but does not make it obligatory on them to do so. The counsel fnrther argued that the proper organization of the High School could not be attacked in such a proceeding as the present, but must be done by a quo warranto through the Attorney General. The people havo rocognized this right and exercised this franchise for a great many years, and their right to continue to do so cannot be attacked collaterally. In conclusión, the counsel read from an address delivered by Judge Campbell, at Ann Arbor, in 1871, in which the speaker refers to the High School as filling up a gap betwecn the primary schools and the University, and as forming part of the school system of Michigan - a part, the supplying of which, gave vitality to the University and made it of practical use. At the conclusión of the argument the Judge took the papers and reserved his decisión.