281 U.S. 370 (1930), 468, Cochran v. Louisiana State Board of Education

Docket Nº:No. 468
Citation:281 U.S. 370, 50 S.Ct. 335, 74 L.Ed. 913
Party Name:Cochran v. Louisiana State Board of Education
Case Date:April 28, 1930
Court:United States Supreme Court
 
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Page 370

281 U.S. 370 (1930)

50 S.Ct. 335, 74 L.Ed. 913

Cochran

v.

Louisiana State Board of Education

No. 468

United States Supreme Court

April 28, 1930

Argued April 15, 1930

APPEAL FROM THE SUPREME COURT OF LOUISIANA

Syllabus

Appropriation by the money derived from taxation to the supplying of school books free for children in private as well as public schools is not objectionable under the Fourteenth Amendment as a taking of private property for private purposes where the books furnished for private schools are not granted to the schools themselves, but only to or for the use of the children, and are the same as those furnished for public schools, and are not religious or sectarian in character. P. 374.

168 La. 1030, affirmed.

Appeal from a decree of the Supreme Court of Louisiana affirming the refusal of a trial court to issue an injunction to restrain the state Board of Education and certain officials, appellees herein, from expending tax funds for the purchase of free school books.

Page 373

HUGHES, J., lead opinion

MR. CHIEF JUSTICE HUGHES delivered the opinion of the Court.

The appellants, as citizens and taxpayers of the State of Louisiana, brought this suit to restrain the state Board of Education and other state officials from expending any part of the severance tax fund in purchasing school books and in supplying them free of cost to the school children of the state, under Acts No. 100 and No. 143 of 1928, upon the ground that the legislation violated specified provisions of the Constitution of the state and also § 4 of Article IV and the Fourteenth Amendment of the federal Constitution. The supreme court of the state affirmed the judgment of the trial court, which refused to issue an injunction. 168 La. 1030.

Page 374

Act No. 100 of 1928 provided that the severance tax fund of the state, after allowing funds and appropriations as required by the state constitution, should be devoted "first, to supplying school books to the school children of the state." The Board of Education was directed to provide "school books for school children free of cost to such children." Act No. 143 of 1928 made appropriations in accordance with the above provisions.

The supreme court of the state, following its decision in Borden v. Louisiana State Board of Education, 168 La. 1005, 123 So. 655, held that these acts were not repugnant to either the state or the federal Constitution.

No substantial...

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