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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 890   View pdf image (33K)
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890
things, as it has already done in the case of
Baltimore city, Baltimore city does not come
here and ask the legislature for every local
matter it wants. It determines many of those
questions for itself. Nearly every question
that has tended to the improvement of the
school system there has been brought about
by the board of commissioners themselves.
The legislature confers certain general pow-
ers. And even if we should fail to get from
the legislature, a public school system, the
very same power will reside under this pro-
vision as without it; that is, the legislature
can confer certain powers upon the local au-
thorities of the counties, instead of assuming
to pass every little local law, divide every
little school district, build every little school-
house, and thus take up the time of the legis-
lature in those little matters. I know this is
a great evil; there is no greater evil arising
from any one subject in the State from partial
and local legislation, than this very school
system. It has become so now that in every
county in the State there is a different school
system, and even different systems in different
districts of the same county. And no man
can take the legislation of the State and come
to any conclusion as to what is the school
system in hardly any county in this State.
Having answered that objection, I will in-
dorse all that the gentleman from Baltimore
county (Mr. Ridgely) had said of the necessity
of some general, uniform, public school system
that shall apply to every county. And it is
no use to tell me that you cannot have the
same school system for one county that you
have for another, that it cannot be uniform.
How does Pennsylvania do? How do the
majority of the free States of this Union do
in reference to this school system? They
have a uniform system of public education.
And why should not we in Maryland have
one? In every State where it has been tried,
it is not only improving, but the people have
become so wedded to it, that you cannot de-
stroy it in any State where it exists. And
there is no way so sure to get clear of this
partial legislation and get a general system of
public education, than to say that the legis-
lature shall not pass every little local law
that every little school district may want
passed. If you continue to pass these local
laws, then you will perpetuate the system of
special local laws for all time. But as soon
as you say to the legislature that they shall
pass general public laws, where they can be
passed, yon have taken the first great step to-
wards having a great general system of pub-
lic education throughout the State.
Mr. KING. If we already had a general
school system, then I would have no objec-
tion to this provision. But we have not got
that. When yon pass general laws that will
do away with local laws, of court we expect
that. But until we get a general law, I want
to keep our local laws.
Mr. HENKLE, I am entirely in favor of a
general system of education in this State,
and always have been. But I do not imagine
for one moment that if we reject this particu-
lar clause, we thereby preclude the possibility
of establishing a system of general education
in Maryland, The gentleman from Balti-
more city (Mr. Daniel) has argued as though
tile main question under consideration was
whether we should have a uniform system of
education in Maryland. That does not neces-
sarily follow. I am opposed to this clause,
because it says that the legislature shall pass
no local or special act for the preservation of
the school fund. Now, all of us, who were
members of the legislature last winter, re-
member that there was an earnest and con-
tinned effort made here to pass a general
school bill. But there were a great many
difficulties and objections urged, so conflict-
ing, so numerous, so strong in their charac-
ter, that they finally defeated the bill. And
that has been the case in reference to every
other general bill in the legislature.
In reference to the school funds in the State
of Maryland, they differ in every county in
the State. In some of the counties there is
no surplus school fund at all. In other coun-
ties there is a large surplus school fund which
they have invested in securities, in some of
the counties this subject is under the control
of school commissioners; in some of the
counties it is under the control of the or-
phans' court. In some of the counties this
fund is a large amount of money invested in
different ways, and subject to the control of
different parties. Now, if we enact this
clause, will there not rise a difficulty? We
contemplate a general system of education,
but we can pass no general system in regard
to the school fund that will operate equally
just in all the counties. Now, it occurs to
my mind that there will be a difficulty in this
way. All the counties are not similarly situ-
ated in reference to a school fund. Some of
them have large school funds; others have
none at all. Now, we propose to deprive the
legislature of the power to enact special laws
for those counties that are differently situated
from the other counties. Now I am not op-
posed to a general system of public educa-
tion. But it occurs to me that if we pass this
provision we will embarrass different coun-
ties in this State.
Mr. KING. I want it expressly understood
that I am not opposed to a general system of
public education. But until we have a gene-
ral system, I want these local laws to remain.
And we have to apply here every now and
then; on several occasions since I have been
in the board, we have had to apply to the
legislature to ratify certain deeds, and all
this kind of thing which this prohibits. So
that for these small matters, our fund is en-
tirely separated from the rest of the State;
we have our property to ourselves.


 
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Proceedings and Debates of the 1864 Constitutional Convention
Volume 102, Volume 1, Debates 890   View pdf image (33K)
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