Special School District No. 33 v. Eubanks

• Decision Date: 31 May 1915
• Docket Number: 25
• Citation: 177 S.W. 900,119 Ark. 117
• Parties: SPECIAL SCHOOL DISTRICT NO. 33 v. EUBANKS
• Court: Arkansas Supreme Court

177 S.W. 900

119 Ark. 117

SPECIAL SCHOOL DISTRICT NO. 33 v. EUBANKS

No. 25

Supreme Court of Arkansas

May 31, 1915

Appeal from Greene Circuit Court; J. F. Gautney, Judge; affirmed.

Judgment affirmed.

Geo. A Burr and R. E. L. Johnson, for appellant.

1. No right of transfer exists, under our statutes, from a special to a common school district. Kirby's Digest, § 7639; Ib. §§ 7607, 7668-7669; Acts 1909, 947; 102 Ark 411; 60 Id. 124; 65 Id. 427; 97 Id. 71. The provisions for transfer apply only to common school districts. 120 Iowa 119; 35 Cyc. p. 850, note and cases supra. There is no law authorizing such a transfer. Declaration No. 1, asked by appellant, should have been given. Kirby's Digest, § 7639, does not apply. 97 Ark. 71.

Huddleston Fuhr & Futrell, for appellee, filed no brief.

OPINION

KIRBY, J.

The sole question involved by this appeal is whether the county court has the power to transfer children from a single or special school district to an adjoining common school district.

The agreed statement of facts shows that appellee petitioned the county court of Greene County, to transfer his child and property for educational purposes alone, from the Special School District No. 33, in which he resided, established under Act 321 of the Acts of the General Assembly of 1909, to an adjoining common school district in the same county, under the authority of section 7639 of Kirby's Digest, which was done.

The special school district appealed to the circuit court from the order granting the transfer, which likewise directed the transfer, and from its judgment this appeal is prosecuted.

Said section provides: "The county court shall have power upon the petition of any person residing in any particular school district, to transfer the children or wards of such persons, for educational purposes, to an adjoining district in the same county, or to an adjoining district in an adjoining county; provided, said petitioner shall state under oath that the transfer is for school purposes alone, etc." This provision is a part of the act of December 7, 1875, and there is no other law providing for the transfer of children from one school district to another, and no provision of any kind relating thereto in the laws providing for the creation of single or special school districts and the regulation of public schools therein. It is insisted by appellant, therefore, that it was not contemplated that there should be a transfer of children to or from single or special school districts, but only from common school districts to adjoining common school districts, under the authority of said section 7639, which it is claimed has no application whatever to single or special school districts. Said section gives the county court power to make the transfer of children for educational purposes alone from any particular school district to an adjoining school district. Section 7695 of Kirby's Digest, a part of the act of February 4, 1869, for the establishment of single school districts in cities and towns, and the regulation of public schools therein, provides that the general school laws of the State, present and future, when not inapplicable and not inconsistent...