Dooly v. Mayor of Fairmount

1. Tliis is a taxpayers’ suit to enjoin the collection of a school tax levied by the Mayor and Aldermen of the Town of Fairmount. It is alleged, that the town’s charter does not authorize the maintenance of a public-school system supported by local taxation; that the municipality was without power to call an election for such purpose; and that the election was not held pursuant to the provisions of law in such cases made and provided. The constitution (art. 8, sec. 4, par. 1) empowers the General Assembly to grant, authority to municipal corporations, upon the recommendation of the corporate…