Minsinger v. Rau

Citations

• 236 Pa. 327
• 84 A. 902
• 1912 Pa. LEXIS 755

Syllabus

<p>Constitutional law — Republican form, of government — Taxation • — Representation — Classification of school districts — Title of act— School law — Act of May 18,1911, P. L. 809.</p> <p>1. Where an act has been the product of the deliberate thought of a commission of prominent citizens of the Commonwealth who have worked upon it for several years, and has been passed by two legislatures after prolonged consideration before final approval by the governor, the appellate court will not set it aside as unconstitutional unless the breaches of the fundamental law are so glaring that there is no escape.</p> <p>2. The establishment, maintenance and support of a system of common schools having been imposed upon the legislative department of the government, it must employ agencies to accomplish that object and the manner of their selection is peculiarly within' its discretion. Thus the legislature may provide that school directors shall be appointed by the judges, and that when so appointed they may levy taxes for the support of the common schools. When the legislature provides such a system of taxation to be enforced by its agents thus selected, it is a direct assertion and not a delegation of power.</p> <p>3. The Act of May 18, 1911, P. L. 309, called the School Code does not offend against the provision of the Constitution of the United States which guarantees to every state a republican form of government, and against the principle that taxation and representation must go together.</p> <p>4. The provision in Section 524 of the Act of May 18, 1911, P. L. 309, that the taxing power in districts of the first class is to be exercised by nonelective boards is more apparent than real, inasmuch as the legislature itself has practically fixed the tax levy at a maximum of six mills, and simply leaves to its agents the privilege of collecting not less than five mills in any one year.</p> <p>5. The provisions of the Act of May 18, 1911, P. L. 309, dividing the state into school d