education spending not a local concern because the constitution commits education to the legislature
How later courts described this case
- education spending not a local concern because the constitution commits education to the legislature
Written by the judges who cited it.
The opinion
Griffin Smith, Chief Justice, dissenting.
The opinion might well be captioned, “A Bill for an Act Entitled, . . . , ’ ’ etc. The result — assuming it is desirable legislation — has nevertheless been arrived at without aid of the General Assembly. What happened is that the lawmaking body overlooked the two-district complications of Sebastian County. The omission has now been court-supplied on the theory that equity regards that as done which ought to have been clone.
Still, there is an old-fashioned concept (though admittedly waning under present-day pressure) that the three coordinate branches of government were intended to be distinct, each functioning in its constitutional sphere. The persisting practice of nibbling a bit here and carving a slice there for the accommodation of expeditionary ends will afford temporary relief to minorities who thus profit through quick surgery, but the method is unsound. I would therefore affirm the decree and suggest that the need be explained to the Fifty-Eighth General Assembly.