State v. Board of Education

• Citation: 18 S.W.2d 26
• Decision Date: 07 June 1929
• Docket Number: No. 27082.,27082.
• Parties: STATE ex rel. MILLER et al. v. BOARD OF EDUCATION OF CONSOLIDATED SCHOOL DIST. NO. 1 OF HOLT COUNTY et al.
• Court: United States State Supreme Court of Missouri

18 S.W.2d 26

STATE ex rel. MILLER et al. v. BOARD OF EDUCATION OF CONSOLIDATED SCHOOL DIST. NO. 1 OF HOLT COUNTY et al.

No. 27082.

Supreme Court of Missouri, Division No. 1.

June 7, 1929.

Appeal from Circuit Court, Atchison County; John M. Dawson, Judge.

Mandamus by the State, on the relation of J. W. Miller and others, to be directed to the Board of Education of Consolidated School District No. 1 of Holt County and others. From a judgment granting the writ, defendants appeal. Case transferred to the Kansas City Court of Appeals.

A. M. Tibbels, of Mound City, for appellants.

J. B. Dearmont, of Mound City, for respondents.

FRANK, J.

Relators, residents of consolidated school district No. 1 of Holt county, seek mandamus against the board of education of said district and the individual members thereof to compel them to establish and maintain elementary schools within 2½ miles by the nearest traveled road of the home of every child of school age within what was formerly known as districts No. 5 and 12, and to employ teachers for said schools and pay such teachers out of the school funds belonging to said consolidated district. Relator's petition for mandamus was filed in the circuit court of Holt county on October 4, 1924, and on the same day an alternative writ of mandamus was issued by Hon. Guy B. Parks, judge of said court. On August 10, 1925, the venue of said cause was changed to the circuit court of Atchison county, where appellants made return to said alternative writ, to which respondents filed reply. On final hearing in the last-named court, the alternative writ theretofore issued was made peremptory and this appeal followed.

The pleadings admit and the evidence shows that the consolidated district in question was organized on June 14, 1913, and was formed of territory formerly embraced in four common school districts numbered 4, 5, 12, and 13; that there was a schoolhouse in each of said four districts in which elementary schools were maintained during each school year after said consolidated district was organized until the beginning of the school year of 1924, at which time appellants, acting as the board of directors of said consolidated district, discontinued the elementary schools in said four school districts and thereafter maintained an elementary school in the central school building in said consolidated district and transported all children to said school, whose homes were more than 2½ miles from said central school building. That part of section 11260, R. S. 1919, here pertinent reads as follows: "The question of transportation of pupils may be voted upon at the special meeting above provided for, if notice is given that such a vote will be taken. If transportation is not provided for in any school district formed under the provisions of this article, it shall then be the duty of the board of directors to maintain an elementary school within two and one-half miles by the nearest traveled road of the home of every child of school age within said district."

The question of transportation of pupils to and from the central school building was not voted upon at the special meeting when the consolidated district was organized. This proceeding was brought to compel the board of education to establish and maintain...