Meyers v. Board Of Education, Lucas County

• Decision Date: 13 February 1917
• Docket Number: 15440
• Citation: 116 N.E. 516,95 Ohio St. 367
• Parties: State Ex Rel. Myers v. The Board Of Education Of Rural School District Of Spencer Township, Lucas County, Ohio
• Court: Ohio Supreme Court

116 N.E. 516

95 Ohio St. 367

State Ex Rel. Myers v. The Board Of Education Of Rural School District Of Spencer Township, Lucas County, Ohio

15440

Supreme Court of Ohio

February 13, 1917

Statutory construction - "May" and "shall" - Permissive language regarded as peremptory, when - Board of education required to reestablish suspended rural or village school - Upon petition by voters, when - Section 7730 General Code (106 O.L., 398).

1.

The literal meaning of the words "may" and "shall" is not always conclusive in the construction of statutes in which they are employed; and one should be regarded as having the meaning of the other when that is required to give effect to other language found in the statute, or to carry out the purpose of the legislature as it may appear from a general view of the statute under consideration.

2.

Where power is granted by statute to public officers by permissive language, coupled with a provision for invoking the exercise of such power by a petition of voters, or of any part of the public, such language will be regarded as peremptory unless a contrary construction is manifestly required.

3.

Under the proviso contained in Section 30, General Code, as amended May 27, 1015 (106 O.L. 398), the board of education of any rural or village school district, which has theretofore suspended any or all schools in such village or school district, is required to reestablish such suspended school on a petition therefor, signed by a majority of the voters of the suspended district, at any time the school enrollment of the said suspended district shows twelve or more pupils of lawful school age.

This is a proceeding brought in this court. The relator, John Myers, alleges in his petition that on May 30,1914, Spencer township was one of the duly organized and existing townships of Lucas county and for the purpose of education constituted the township school district; that on said day the township was divided for school purposes into six subdistricts, each of which was bounded by definite lines, and in each of which there existed a schoolhouse in which the schools of the township were and for a long time had been conducted according to law; that the schoolhouses have continued to be maintained and are still maintained in said several subdistricts and that the county board of education has in no way changed the boundaries of said sub-districts as they existed on the day named; that schools were conducted in each of said schoolhouses until the close of the school year 1916; that on the 4th of April, 1916, the board of education of the rural school district of Spencer township duly passed a resolution to suspend the schools after the first day of June, 1916, by virtue of the provisions of Section 7730, General Code; and that on said April 4, 1916, the board passed a further resolution providing that from and after September 1, 1916, all of the schools of said rural district should be held in a school to be conducted at Sharpless Corners in said Spencer township.

The relator alleges that he is a resident and voter in original subdistrict No. 1, as above described; that he lives in the district with his family and has two children of school age; that there are more than 12 pupils of lawful school age residing in said suspended subdistrict No. 1; that the school enrollment of said suspended district shows more than 12 pupils of lawful school age; that more than 12 pupils of lawful school age in said suspended sub-district attend the schools of said township and the school in said subdistrict No. 1; and that on the day of August, 1916, a majority of the voters residing in said subdistrict No. 1 filed their petition in writing with and to the board of education of said rural district praying for the reestablishment of the school in said subdistrict No. 1, but that notwithstanding said fact the board has failed and neglected and refused to reestablish said school in subdistrict No. 1.

The petition prays for a writ of mandamus commanding the board to reestablish the school in the subdistrict named.

The defendant in its answer alleges that the schools of the rural district of Spencer township have been duly suspended in accordance with Section 7730, General Code; that notwithstanding a majority of the voters residing in subdistrict No. 1 filed their petition in writing with the defendant board, praying for the reestablishment of the school in said subdistrict No. 1, nevertheless it is within the discretion of said defendant board to reestablish or to refuse to reestablish said suspended district; that in the exercise of the sound discretion of a majority of the members of the board, it is the judgment of said board that the said subdistrict should not be reestablished; that in accordance with a resolution duly passed on the 4th of April, 1916, all of the schools in said rural school district are now being held in one school conducted in Sharpless Corners in Spencer township; and that to reestablish said subdistrict, as in the petition asked for, would demoralize the school at Sharpless Cor- ners and thus interfere with and hinder the proper education of the school children in the rural school district of Spencer township.

The case is submitted on a demurrer by the relator to the answer.

Messrs. Graves & Stahl, for relator. Mr. John C. D'Alton and Mr. Allen J. Seney, for defendant.

JOHNSON J.

The controversy in this case concerns the construction of the proviso contained in Section 7730, General Code, which was passed May 27, l915 (106 O. L., 398). Pertinent parts of the section are as follows: "The board of education of any rural or village school district may suspend any or all schools in such village or rural school district. * * * When the average daily attendance of any school for the preceding year has been below ten, such school shall be suspended and the pupils transferred to another school or schools when directed to do so by the county board of education. No school of any rural district shall be suspended until ten days' notice has been given by the board of education of such district * * * provided, however, that any suspended school as herein provided, may be reestablished by the suspending authority upon its own...