Gale v. School Distrcit No. 4, 1939

CourtUnited States State Supreme Court of Wyoming
Writing for the CourtRINER, Justice.
PartiesGALE ET AL. v. SCHOOL DISTRCIT NO. 4 ET AL
Decision Date18 February 1936
Docket Number1939

54 P.2d 811

49 Wyo. 384

GALE ET AL.
v.
SCHOOL DISTRCIT NO. 4 ET AL

No. 1939

Supreme Court of Wyoming

February 18, 1936


APPEAL FROM the District Court, Laramie County; V. J. TIDBALL, Judge.

Action by Rudolph Gale and others against School District No. 4 and others. From the judgment, defendants appeal.

Affirmed.

For the defendants and appellants the cause was submitted on the brief of J. A. Greenwood of Cheyenne.

The action was for a money judgment and an injunction preventing future expenditures in excess of $ 10.00 per month per pupil, to provide transportation or maintenance of school children transported to schools within the defendant district or in adjoining districts. Chapter 136, Laws 1933 governs. The court erred in excluding appellants offers of proof, relating to conditions in school district No. 4 and in overruling their motion for judgment of dismissal and demurrer. The trial court also erred in holding that Chapter 136, Laws 1933 repealed all other school laws relating to the subject of school district expenditures. In construing said Chapter 136, the intent of the Legislature is to be determined from the language of the act itself. 25 R. C. L. 917; Burton v. U. P. Coal Company, 18 Wyo. 362; International Harvester Company v. Lumber Company, 25 Wyo. 367; Houghton Bros. v. Yocum, 40 Wyo. 57; Griggs v. Thulemeyer, 41 Wyo. 36; Vincent v. Reeves, 31 P.2d 680. There is no presumption in favor of repeal by implication of other statutes relating to schools, by the adoption of Chapter 136, Laws 1933. Snyder v. McCracken, 34 Wyo. 349; Cattle Company v. Baird, 8 Wyo. 144; Tucker v. State, 35 Wyo. 430. Statutes relating to the power of school district officers are to be construed so as not to interfere with the exercise of sound discretion on the part of the district officers. 24 R. C. L. 575; School District No. 3 v. Western Tube Company, 5 Wyo. 185; Merryman v. School Dist., 43 Wyo. 376; State v. School District, 45 Wyo. 365; School Dist. No. 3 v. The Western Tube Company, 13 Wyo. 304; Const. Art. VII, Section 1; Sec. 99-334, R. S. The statutes pertaining to the payment of tuition, transportation or maintenance should be construed together. They are pari materia and should be so construed as one law. In re Cadwell's Eestate, 26 Wyo. 412.

There was no appearance for plaintiffs and respondents.

RINER, Justice. KIBALL, CH. J., and BLUME, J., concur.

OPINION

[49 Wyo. 386] RINER, Justice.

In this case the plaintiffs as residents and taxpayers in School District No. 4 in Laramie County, Wyoming, brought suit in the district court of said county against the defendants, the School District above named and three individuals, who are described in the plaintiff's amended petition as respectively the Chairman, Clerk and Treasurer of that corporate body. Dissatisfied with a part of the judgment rendered below, the defendants [49 Wyo. 387] have brought the record here for review by direct appeal. The plaintiffs, although they filed a notice of appeal with reference to that portion of the judgment adverse to them, have done nothing further, are not represented by counsel and have filed no brief in this Court.

The action was brought to recover from them, and each of them, certain sums of money alleged to have been expended unlawfully by the defendants during the school years 1933-1934 and 1934-1935, through asserted overpayments made for the transportation of school pupils in said District; also to recover a stated amount for pupil transportation expense claimed to be due the plaintiff Conrad during the school year 1933-1934; and further for an injunction restraining said defendants "from the commission or continuation" of the acts alleged in plaintiffs' amended petition to be unlawful, these being, to state them shortly, the expenditure and threatened expenditure by the defendants of amounts in excess of $ 10.00 per month per pupil for transportation and maintenance within the said District or adjoining Districts in lieu of establishing or maintaining schools therein. An answer, consisting chiefly of sundry admissions and denials, by the defendants, and a reply by the plaintiffs, in form a general denial of any new matter set out in said answer, were filed.

The case was tried to the court without a jury and the judgment in question entered, wherein a recovery of any amount whatsoever from the defendants, or any of them, was denied plaintiffs, but it was also "ordered, adjudged and decreed that the defendants be and they are hereby permanently enjoined and restrained from spending of the funds of School District No. 4 in excess of $ 10.00 per month per pupil to pay for the transportation of elementary or high school [49 Wyo. 388] pupils of School District No. 4 to other schools within the district or in [54 P.2d 812] another school district in lieu of establishing or maintaining schools within said district, and for maintenance, including board and room, of said pupils while attending any other school within the district or in an adjoining district." To this part of the judgment defendants were given an exception and from it they have appealed.

It is established by the record in the case that at the time the trial was had and the judgment was entered, the defendants had taken all necessary steps to provide transportation or maintenance exceeding $ 10.00 per month per pupil for certain elementary or high school pupils within that district or adjoining districts in lieu of establishing or maintaining schools within said School District No. 4. These pupils are referred to generally as "isolated" pupils, although not always, that term being explained by the Treasurer of the District in his testimony as follows:

"Q. What do you mean by an isolated pupil, Mr Willadsen
A. That is one that lives off the roads part of the way, or where there is only one pupil to maintain a school for. That would be an isolated pupil

* * * *

Q. Is the term 'isolated' applied to those who are at some distance from a school or that are more expensive to handle--which is it?
A. It
...

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13 practice notes
  • State ex rel. Eaton v. Hirst, 2047
    • United States
    • United States State Supreme Court of Wyoming
    • May 25, 1938
    ...Phrases 1070, 1074; McDunn v. Roundy (Ia.) 181 N.W. 453. Courts are not concerned with the wisdom of legislature. Gale v. School District, 49 Wyo. 384; District No. 14 v. School District, 67 P.2d 192; Hotel Company v. Board, 39 Wyo. 461; White v. Hinton, 3 Wyo. 754; State v. Mercantile Comp......
  • The Texas Company v. Siefried, 2276
    • United States
    • United States State Supreme Court of Wyoming
    • April 11, 1944
    ...Estate, 282 P. 27, 41 Wyo. 36; Brennan v. Midwest Ref. Co. 210 P. 939, 29 Wyo. 116, 120; Gale v. School Dist. No. 4, 54 P. 2d 811, 49 Wyo. 384. Ray E. Lee, of Cheyenne, for defendants and respondents. POINTS OF COUNSEL FOR RESPONDENTS OTHER THAN THE TEXAS COMPANY The gasoline sold to the De......
  • Western Auto Transports, Inc. v. City of Cheyenne, 2203
    • United States
    • United States State Supreme Court of Wyoming
    • November 12, 1941
    ...of the ordinance. The following cases are cited on the application of Section 72-121, R. S. 1931 to this case: Gale v. School District, 49 Wyo. 384; Marsh v. Aljoe, 41 Wyo. 119 and Tucker v. State, 35 Wyo. 430. Chapter 70 of the Session Laws of 1941 shows the legislative intent that the Cit......
  • Afton Electric Co. v. Harrison, 1918
    • United States
    • United States State Supreme Court of Wyoming
    • February 18, 1936
    ...calculated to attract children to its vicinity, and had so attracted them for many years, was pleaded and sustained by the evidence. [49 Wyo. 384] The tower was not only peculiarly attractive to boys of immature age, but we think the fact that steps were placed thereon, so that boys could e......
  • Request a trial to view additional results
13 cases
  • State ex rel. Eaton v. Hirst, 2047
    • United States
    • United States State Supreme Court of Wyoming
    • May 25, 1938
    ...Phrases 1070, 1074; McDunn v. Roundy (Ia.) 181 N.W. 453. Courts are not concerned with the wisdom of legislature. Gale v. School District, 49 Wyo. 384; District No. 14 v. School District, 67 P.2d 192; Hotel Company v. Board, 39 Wyo. 461; White v. Hinton, 3 Wyo. 754; State v. Mercantile Comp......
  • The Texas Company v. Siefried, 2276
    • United States
    • United States State Supreme Court of Wyoming
    • April 11, 1944
    ...Estate, 282 P. 27, 41 Wyo. 36; Brennan v. Midwest Ref. Co. 210 P. 939, 29 Wyo. 116, 120; Gale v. School Dist. No. 4, 54 P. 2d 811, 49 Wyo. 384. Ray E. Lee, of Cheyenne, for defendants and respondents. POINTS OF COUNSEL FOR RESPONDENTS OTHER THAN THE TEXAS COMPANY The gasoline sold to the De......
  • Western Auto Transports, Inc. v. City of Cheyenne, 2203
    • United States
    • United States State Supreme Court of Wyoming
    • November 12, 1941
    ...of the ordinance. The following cases are cited on the application of Section 72-121, R. S. 1931 to this case: Gale v. School District, 49 Wyo. 384; Marsh v. Aljoe, 41 Wyo. 119 and Tucker v. State, 35 Wyo. 430. Chapter 70 of the Session Laws of 1941 shows the legislative intent that the Cit......
  • Afton Electric Co. v. Harrison, 1918
    • United States
    • United States State Supreme Court of Wyoming
    • February 18, 1936
    ...calculated to attract children to its vicinity, and had so attracted them for many years, was pleaded and sustained by the evidence. [49 Wyo. 384] The tower was not only peculiarly attractive to boys of immature age, but we think the fact that steps were placed thereon, so that boys could e......
  • Request a trial to view additional results

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