Berry v. Fox

IíatCtier, Judge,

dissenting:

This dissent is a protest against strict constitutional construction in the present tax emergency.

Article XII, section 1, of the Constitution commands the legislature to provide “a thorough and efficient system of free schools.” In Kuhn v. Board of Education, 4 W. Va. 499, 509, the Court declared that this mandate confers on the legislature “plenary if not absolute power” to provide for the support of free schools. Schools cannot be maintained without school houses — the very houses in part for which school bonds have been issued. Section 5 of the above Article…