City of Lafayette v. Jenners

Application for an injunction. Injunction granted. Appeal to this Court.

The facts of the case are as follows: In 1855, the legislature passed an act entitled “ An act to authorize the establishment of free public schools in the incorporated cities and towns of the state of Indiana.” The first section of the act reads thus:

“ Be it enacted, &c. — That the several incorporated cities and towns in this state be and they are hereby authorized *71and empowered to establish and support public schools within their respective corporate limits, and by an ordinance of such corporation to levy and collect…