Evening Republican, Volume 18, Number 156, Rensselaer, Jasper County, 3 July 1914 — VOCATIONAL EDUCATIONAL LAW CONSTITUTIONAL [ARTICLE]

VOCATIONAL EDUCATIONAL LAW CONSTITUTIONAL

Supreme Court Says -Officers May Be Mandated to Perform Duties Thereunder.

The supreme court has just rendered a decision on the vocational educational law declaring it constitutional. The text of their do cision follows: . “State ex rel Simpson et al vs. Meeker et al, etc. Fountain C. C. Reversed. Spencer, J. (1) Action for mandate by appellants to compel appellees, as members of county council, to apportion $1,500 under ■provisions of Sec. 12 of the vocational education law, Acts 1913, P. 43; Sec. 66411 L. Burns, 1914. The trial court sustained a demurrer to the complaint. On appeal appellees contend the law is unconstitutional. (2) The vocational education law is constitutional. (3) The officers of the county and state may be mandated to perform their duties thereunder, as. the word “shall!” in the law denotes duty and not discretion. (4) The law is not special and local in its operation in such manner as to make it unconstitutional. (5) The fact that it may 'be adopted in one county and not in another, thus creating lack of uniformity in the school system, does not make it unconstitutional. (6) The fact an appointive power is vested in Purdue University is not against the law,, (7) The fact that it may increase local taxes is not against the law. (8) The objections urged against the law were for the legislature and not the courts. (9) The manner of selection of officers whose election is not provided for by the constitution is for the legislature. (10) The manner and control of education is for the legislature. (11) Sec. 12 of the law does not confer a special privilege on an aihitrary class persons, but (Supplies the method whereby tire benefits of the law are available, (12) The county is not an independent factor of government, but is a creature of the legislature to further the interests of the state and its inhabitants.”