Herman v. Medicine Lodge School Dist. No. 8, McHenry County
| Decision Date | 24 June 1955 |
| Docket Number | No. 7456,No. 8,B,8,7456 |
| Parties | Edgar HERMAN and Tony B. Herman, on their own behalf and as residents and taxpayers of Medicine Lodge School Districtof the County of McHenry and State of North Dakota, and on Behalf of Other Residents and Taxpayers Similarly Situated, Plaintiffs and Respondents, v. MEDICINE LODGE SCHOOL DISTRICT NO. 8, COUNTY OF McHENRY, State of North Dakota, a Public Corporation, and Cecil Herman, Kyle Miller and Carl Ross Green, Directors of said Medicine Lodge School Districtetty Fairbrother, Clerk of said School District, and David Fairbrother, Treasurer of said School District, Defendants and Appellants. |
| Court | North Dakota Supreme Court |
Syllabus by the Court.
1. Under Section 15-2512, NDRC 1943 the school board of a common school district may, with the approval of the county superintendent of schools, close its one-room schools, send the children of school age to another district, where they are afforded better educational opportunities, pay tuition and furnish transportation for such children by bus, either purchased or leased, when in its discretion it is for the best interests of the school district and the children therein.
2. Under Section 15-3418, 1953 Supp. NDRC 1943 the school board of a common school district is authorized to purchase a bus body, a chassis, or a complete motor bus built according to the standards set up by the superintendent of public instruction, pay therefor out of the general fund of the district, and provide transportation for its children of school age; likewise under section 15-3419, 1953 Supp. NDRC 1943 the school board is authorized to hire a driver for such bus who meets the qualifications prescribed by law.
3. Under Section 15-2512, NDRC 1943 the school board of a common school district may make arrangements to send its pupils to another district when in its judgment and discretion it is for the best interests of the district and the pupils therein to do so and the rule usually prevails that the action of a school board taken in the reasonable exercise of its discretion in honesty and good faith without fraud or sinister motive is not subject to judicial review.
4. The evidence is examined and for reasons stated in the opinion, it is held, that the defendant board of Medicine Lodge Common School District had authority under the statutes quoted to close its one-room schools and to make arrangements to send its children of school age to Newport Special School District, pay tuition and provide for their transportation to and from said Newport Special School District.
Joseph C. McIntee, Towner, Bosard & McCutcheon, Minot, for defendants and appellants.
Heringer & McClintock, Rugby, for plaintiffs and respondents.
The plaintiffs, residents, and taxpayers of Medicine Lodge School District in McHenry County, North Dakota brought this action for themselves and other residents and taxpayers similarly situated, against said school district, the directors, clerk and treasurer thereof, defendants, to restrain them from closing the schools in said school district and from transporting the children of compulsory school age to Newport School District in the city of Towner, North Dakota.
Medicine Lodge School District is a common school district consisting of thirty-six sections, and is coextensive with Wager township in McHenry County, North Dakota.
The facts are stipulated and briefly stated are as follows:
In the fall of 1953 there were in the defendant school district 22 children of school age, sixteen of whom were of compulsory school age. The school district did not open any of the schools in the district but instead made arrangements to have all children of school age in the district transported to Newport School District in the City of Towner, some eight or nine miles away where arrangements had been made to receive such children. The defendant district had on hand in the treasury some $8,400 unencumbered and subject to use for operating expenses of the district. The board proceeded to advertise for bids for a bus and a bid of some $4,000 was accepted. The successful bidder agreed to furnish a bus without charge to be used until the new bus could be furnished. The school board also advertised for a bus driver qualified as required by law, and the application of a driver was accepted and it was agreed that his compensation was to be $125 per month.
Thereafter certain school patrons who objected to the arrangements made by the school board brought an action in mandamus to compel the board to open school number 1, in the vicinity of which there were more than the minimum number of children of school age. A writ was granted by one of the District Judges, and school number 1 was opened, a teacher was hired and more than the minimum number of pupils attended said school. However the school board continued the arrangements with Newport School District and continued to transport to said district the remaining ten children of school age.
It is agreed by both parties that the school facilities offered and maintained in Newport School District are superior to those maintained in school number 1, in the defendant school district; that the route traveled by the school bus each way is 14 miles; that there are several schools open and operating in adjoining and adjacent school districts, and that no attempt was made by the school board to place any of the pupils in the schools of said adjacent or adjoining school districts.
Under the arrangements made with Newport School District, Medicine Lodge School District agreed to pay tuition for all children attending the Newport Special District School, and also to pay to Newport School District the sum of $70 per year for each pupil in attendance from Medicine Lodge District from the county tuition fund; and Medicine Lodge District further arranged to pay Newport District the sum of $1,200 which Medicine School District was entitled to receive from the State Equalization Fund by reason of having closed one school within the district; and Newport School District agreed to receive in its school all children of school age from said Medicine Lodge School District.
It is also stipulated that all but three of the 22 children of school age in Medicine Lodge School District reside within a radius of from 2 miles to 2 1/2 miles from school number 1, in said Medicine Lodge District.
The plaintiffs allege in their complaint that the action of the defendants in advertising for and purchasing a school bus, advertising for and hiring a bus driver, and in making arrangements with Newport School District to receive the pupils from Medicine Lodge School District was illegal, and without authority of law, and that if the defendants are permitted to continue the said arrangements it will be necessary to increase the taxes of the plaintiffs and other taxpayers within said school district similarly situated. Demand is then made for judgment declaring all of the acts of the defendants illegal and void, and for an order enjoining and restraining the defendants from issuing warrants against the funds of said school district in payment of salaries of a bus driver, and purchase of a bus, tuition or any other expenditure in connection with the arrangements with Newport School District in the matter of receiving the pupils from the defendant school district.
Two of the directors answered denying generally the allegations of the complaint; alleging that they had full legal right and authority to carry out the arrangements made with Newport School District, and that such arrangements would be for the best interest of Medicine School District and the children therein of school age.
The defendant Cecil Herman one of the directors of Medicine Lodge District interposed a separate answer disclaiming any participation in the arrangements made by the other two directors; that he was opposed to the purchase of a school bus, the hiring of a bus driver, and transportation of pupils of Medicine Lodge District to Newport District. He demands judgment for dismissal of the complaint insofar as it applies to him.
The case was tried before the Honorable Albert Lundberg, one of the District Judges of the Second Judicial District, without a jury. Judgment was rendered in favor of the plaintiffs perpetually enjoining the defendants from carrying out any of the arrangements made for transferring the pupils from Medicine Lodge School District to Newport Special District. The defendants appealed to this court and demanded a trial de novo.
The question presented on this appeal is whether the defendant, a common school district, had the authority under the law, to purchase a school bus, hire a bus driver, furnish vehicular transportations for its pupils to Newport Special School District which is willing to receive such pupils, pay tuition, transfer and assign to the receiving district certain funds to which the defendant district is entitled from the county tuition fund by reason of having one school closed.
The first question for consideration is whether under the existing situation Medicine Lodge School District may lawfully close its schools and make arrangements to transport its pupils to another district and pay tuition and other expenses incident thereto.
The appellants contend that the school district is authorized by Section 15-2512 NDRC 1943 to make arrangements to send children of school age to other districts, provide transportation and pay tuition to the receiving district. Said section reads as follows:
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