Samuel Freeman Miller

“ The Congress of the United States, in the act admitting Indiana as a State, declared that every sixteenth section of a township, according to the legal subdivisions of the public lands lying within that State, should be appropriated for the use of schools within the township. ”

“ The Supreme Court of Indiana, in the opinion, which is a part of the record in this case, have decided that the school laws of that State do authorize the auditor of each county to distribute the school fund in the county treasury to the different townships in the county, and that in doing so he is bound by the proviso we have already cited, which preserves to each congressional township the funds arising from the sale of the sixteenth section ”

“ It is not contended by counsel that the legislature of Indiana could not provide as it might deem best for the custody of this money, nor is it argued that a similar power could not be exercised as to the proper officer to make distribution of it, and direct its expenditure. ”