State v. Brown
| Decision Date | 15 February 1938 |
| Court | United States State Supreme Court of Delaware |
| Parties | THE STATE OF DELAWARE, on the relation of Carlen P. Traub, Carlen P. Traub as next friend of Carlen J. Traub and Elizabeth K. Traub, David M. Salter and David M. Salter as next friend of Marie Salter, Joseph Grady and Joseph Grady as next friend of Edward Grady, Plaintiff below, Plaintiff in Error, v. H. FLETCHER BROWN, EDWIN C. HUBER, WARNER W. PRICE, NORRIS N. WRIGHT, JAMES BEEBE and ERNEST A. SIMON, being the members of and constituting the State Board of Education of the State of Delaware, Defendants below, Defendants in Error |
Supreme Court, No. 1, June Term, 1934.
Writ of Error to the Superior Court, sitting in and for New Castle County, from judgment dismissing petition for a mandamus.
In 1933 the General Assembly passed an act to appropriate money for the purpose of providing transportation of pupils to and from the public schools of the State, being Chapter 142 of Volume 38, Laws of Delaware.
By Section 3 of the act the sum of $ 5,000.00 was appropriated for each of the fiscal years ending June 30, 1934, and June 30, 1935, respectively, "for the purpose of providing transportation of pupils attending daily free schools supported by any Church or Religious Society and located outside of the City of Wilmington."
The relators filed in the Court below a petition for a writ of mandamus requiring the State Board of Education to comply with the provisions of said Section 3 of said act.
The Court below held said Section was in violation of Section 3 of Article 10 of the Constitution of this State, and for that reason a motion to dismiss the petition was granted. See 6 W W. Harr. (36 Del.) 181, 172 A. 835.
From the judgment of dismissal the relators sued out a writ of error to the June Term, 1934, of this Court, but delayed the further prosecution of the writ of error until the October Term, 1937, thereof.
The writ of error dismissed.
C Stewart Lynch for Plaintiff below, Plaintiff in Error.
P Warren Green, Attorney-General, and Clair J. Killoran, Deputy Attorney-General, for Defendants below, Defendants in Error.
OPINION
The section of the statute in question was applicable only during a specified period of time which had lapsed when the writ of error came on for a hearing. This being so, the question raised by the exceptions has become...
To continue reading
Request your trial
-
Dickman v. School Dist. No. 62C, Oregon City, Clackamas County
... ... '(2) For the purpose of ORS 328.520, 328.525 and 337.150 to 337.250 a school shall be standard when it meets the standards of the State Board of Education, except with respect to those standards applying to the ratio of pupils to the acre of school site, the square feet of classroom ... 'It helps build up, strengthen and make successful the schools as organizations.' State ex rel. Traub v. Brown, 6 W.W. Harr., 36 Del. 181 , 172 A. 835, 837, writ of error dismissed Feb. 15, 1938, Del.Sup., 197 A. 478. Without pupils there could be no school ... ...
-
Everson v. Bd. Of Educ. Of Ewing Tp.
...of that character. State ex rel. Traub v. Brown, 1934, 6 W.W.Harr. 181, 36 Del. 181, 172 A. 835, writ of error dismissed 9 W.W.Harr. 187, 39 Del. 187, 197 A. 478; Gurney v. Ferguson, 1941, 190 Okl. 254, 122 P.2d 1002; Judd v. Board of Education, 1938, 278 N.Y. 200, 15 N.E.2d 576, 118 A.L.R.......
-
Fox v. Board of Ed. of West Milford Tp., L--20593
...State ex rel. Traub v. Brown, 6 W.W. Harr. 181, 36 Del. 181, 172 A. 835 (Sup.Ct.1934), writ of error dismissed, 9 W.W.Harr. 187, 39 Del. 187, 197 A. 478 (Sup.Ct.1938); Opinion of the Justices, 216 A.2d 668 (Del.Sup.Ct.1966); Visser v. Nooksach Valley School Dist. No. 506, 33 Wash.2d 699, 20......
-
State ex rel. Reynolds v. Nusbaum
...schools as organizations.' State ex rel. Traub v. Brown, 6 W.W.Harr., 36 Del. 181, 172 A. 835, 837, writ of error dismissed Feb. 15, 1938, Del.Supp., 197 A. 478. Without pupils there could be no school. It is illogical to say that the furnishing of transportation is not an aid to the instit......