Morris v. Vandiver
| Citation | 145 So. 228,164 Miss. 476 |
| Decision Date | 02 January 1933 |
| Docket Number | 30258 |
| Court | United States State Supreme Court of Mississippi |
| Parties | MORRIS et al. v. VANDIVER et al |
(In Banc.)
1. SCHOOLS AND SCHOOL DISTRICTS.
Board of trustees of county agricultural high school possess only powers expressly conferred by statutes, or necessarily implied (Code 1930, sections 6674-6693).
2. SCHOOLS AND SCHOOL DISTRICTS.
Statutes relating to county agricultural high schools held to disclose purpose that tuition should be free to students (Code 1930 sections 6674-6693).
3. SHOOLS AND SCHOOL DISTRICTS. General language of statutory provision defining powers of board of trustees of county agricultural high school does not confer unlimited and unregulated discretion (Code 1930, section 6676).
Code Miss. 1930, section 6676, provides for the appointment of trustees for agricultural high school maintained by county and then provides that the "trustees shall have control of the property, elect and fix salaries of all teachers of the school, shall have full power to do all things necessary to the successful operation of said school."
4. SCHOOLS AND SCHOOL DISTRICTS.
Where facilities of county agricultural high school are sufficient students having required educational foundation, if of good moral character, should be received (Code 1930, sections 6674-6693).
5. SCHOOLS AND SCHOOL DISTRICTS.
Board of trustees of county agricultural high school held without power to make payment of athletic, literary, and library fees condition precedent to right of student to enter school (Code 1930, sections 6676, 6683).
HON. J L. WILLIAMS, Chancellor.
APPEAL from chancery court of Sunflower county, HON. J. L. WILLIAMS, Chancellor.
Suit by J. W. Morris and another against J. S. Vandiver, superintendent of the Sunflower Agricultural High School, and others. From a decree dissolving the preliminary injunction, and dismissing the bill of complaint, the complainants appeal.
Reversed, original injunction reinstated, and cause remanded for a decree in accordance with opinion.
Reversed and remanded.
Frank E. Everett and Oscar V. Townsend, both of Indianola, for appellants.
The lower court erred in dissolving this injunction, thereby holding the rule requiring the payment of these fees to be reasonable.
Section 201 of Mississippi Constitution; Article 16 of the Mississippi School Law, sections 6674 to 6693, Code 1930; section 6675, Code of 1930; Section 6678, Code of 1930.
Nowhere in any statute is there given the privilege to the trustees or the superintendent to charge fees for the attendance of pupils within school age in these schools. But, the scheme of the statute following that laid down by section 201 of the Constitution is that these schools be supported by taxation.
The law does not authorize the charging of fees nor can there be read into section 6676, Code of 1930, any such authority.
Hobbs v. Germany, 94 Miss. 469, 49 So. 515; 33 Okla. 591.
An incidental fee from students to enter public school cannot be charged.
Young v. Fountain Inn Grade School, 64 S.C. 131, 41 S.E. 824; Irvine v. Gregory, 86 Ga. 605; Hughes v. Outlaw et al., 76 So. 16.
Herring & Wiley, of Ruleville, and Moody & Johnson, of Indianola, for appellees.
It is not denied that power was granted by the Legislature to adopt the regulations complained of, nor that the regulations adopted are a reasonable exercise of the power so granted. The gist of the contention, as we see it, is that, by virtue of section 201 of the Constitution, any regulation providing for the payment of a fee, however small, and no portion of which is used in the payment of teacher's salaries, is void in that it is a burden on the right of free tuition.
In this case it may be said that whatever is provided for the development of a child attending this school must be applicable to all, for there is no way by which the trustees may know before hand who is or is not studious, and will make use of the library established; who is or is not in need of athletic exercises and will make use of the facilities afforded, and who is and is not talented along literary lines, and will be benefited by the lecture courses and other literary entertainment provided. Therefore, any fee charged for the purpose of providing these facilities must be applicable to all in order that none may be denied the benefits to be derived therefrom.
The right of free tuition is not burdened for the reason that no part of the fees collected is used in the payment of teacher's salaries.
The trustees shall have control of the property, elect and fix salaries of all teachers of the school, and shall have full power to do all things necessary to the successful operation of the school.
Section 6676 of the Code of 1930.
A wide range of discretion is vested in these boards by the statute in the matter of government and details of conducting the common schools.
Maddox v. Neal, 45 Ark. 121, 55 Am. Rep. 540, 30 A.L.R. 1214.
The court will not interfere with the exercise of discretion of school trustees in matters confined by law to their discretion, unless there is a clear abuse of discretion or a violation of law.
The power of the Legislature is only limited by section 201 of the Constitution.
The distinction between fees required, which are not in the nature of a charge for tuition, and those which are, is made clear by the supreme court of Alabama in Bryant v. Whisenant, 52 So. 525, and Ryan v. Sawyer, 70 So. 652.
The point presented in the appellant's brief, as we see it, was expressly presented to and decided by this court in Jones v. Day, 127 Miss. 137.
The appellees have been deprived of no right by the adoption of the regulations in question.
The appellants filed a bill in the chancery court, seeking an injunction against J. S. Vandiver, superintendent of the Sunflower Agricultural High School, situated at Moorhead, Sunflower county, Mississippi, and the board of trustees of said school, alleging that the complainants were citizens and taxpayers of said town and county, having children of school age who had theretofore, during the scholastic year of 1930-1931, attended said school, which is a county school, operated by a general tax levy imposed upon the taxable property in the counties of Sunflower, Humphreys, and Leflore, and maintained as an agricultural high school which the children of petitioners are entitled to attend; that they had theretofore completed their grammar school grades, and there being no other high school within a number of miles of said community, said children had attended said school prior to the 18th day of January, 1932, on which date the defendant J. S. Vandiver unlawfully, and without cause or provocation, dismissed the children of said petitioners, together with others, directing them not to attend said school unless they should pay the sum of thirteen dollars, consisting of five dollars for athletic privileges, three dollars for library fees, and five dollars for literary fees. As a matter of fact, said Vandiver had no right, as superintendent of said school, to demand said sum or any part thereof, such charge being unlawful, unreasonable, and unjust, and he having no authority to make such demand.
They further allege that they had no adequate remedy at law by which they could restore their children to the said school, and that they were entitled to an injunction to prevent said superintendent of the said agricultural high school from refusing to receive said children, or interfering with them in their said school rights.
A writ of injunction was granted, and the defendants were summoned and answered the bill, in which answer they admitted charging the fee, as set out, but claimed authority to do so by virtue of the resolution or order of the board of trustees of the said agricultural high school, fixing said charges, and authorizing the superintendent to expel or refuse to allow children to attend whose parents were able to pay said fees, unless the same were paid.
In the answer it was claimed that this charge was necessary for the conduct of the school, and that no par thereof was for tuition--no part was intended to be paid teachers in the school. The order set forth by the defendants as justifying the charge reads as follows:
They admit that the children of the appellants were entitled to attend the said school; but contend that they were chargeable with the said fees, and that same were reasonable, and were part of the exercise of power granted to the trustees. It was proved by the minutes of the board of trustees that the following fees were fixed for the agricultural high school, and for the junior college students, in the said agricultural high school and junior college:
"Sunflower A. H. S. Students
Athletic Privileges
$ 5.00
Doctor's Fee
5.00
Medicine Fee
Lyceum and Chautauqua
4.00
Literary Fee
5.00
Board, Heat, Lights, etc.
123.00
$ 146.00
Sunflower J. C. Students
Athletic Privileges
$ 5.00
Doctor's Fee
5.00
Medicine Fee
Lyceum and Chautauqua
4.00
Literary Fee
3.00
Physical Education Fee
Board, Heat, Lights, etc.
123.00
$ 151.00
Local Students S. A. H. S.
Athletic Privileges
$ 5.00
Literary Fee
5.00
Library Fee
$ 13.00
Local Students S....
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