State v. Huntington Town Sch. Comm.
Decision Date | 17 December 1909 |
Citation | 82 Conn. 663,74 A. 882 |
Court | Connecticut Supreme Court |
Parties | STATE ex rel. TOWN OF HUNTINGTON v. HUNTINGTON TOWN SCHOOL COMMITTEE. |
Case Reserved from Superior Court, Fairfield County; Lucien F. Burpee, Judge.
The State, on the relation of the Town of Huntington, applied for a writ of mandamus to compel the Huntington Town School Committee to reopen a school. An alternative writ was issued, and, on a motion to quash, the case was reserved for the advice of the Supreme Court. Advice given to quash the writ.
The alternative writ set forth these facts: The town of Huntington has abolished all school districts therein, and maintains the public schools as one district. They are under the general supervision and control of the town school committee elected October 5, 1908, which closed a certain school in what was formerly known as the "Lower White Hill District." Subsequently, on October 28, 1908, the town voted that its best interests required that this school should be reopened, and that the town school committee be directed to reopen it, and appointed a special committee to see that it was reopened, and to take all proper legal proceedings for that purpose. The town school committee nevertheless has refused to reopen the school.
Edward A. Harriman, for plaintiff. Alfred C. Baldwin, for defendant.
BALDWIN, C. J. (after stating the facts as above). Prior to July 15, 1909, every town had power to abolish all separate school districts within its limits, and constitute itself one consolidated district, electing a town school committee, which should "have the powers and duties of high school committees, district committees and boards of school visitors; shall see that good public schools of the different grades are maintained in the various parts of the town; * * * manage the property of the town pertaining to schools; * * * designate the schools which shall be attended by the children within their jurisdiction; * * * and shall perforin all lawful acts which may be required of them by the town, or which may be necessary to carry into effect the provisions of this title." Gen. St. 1902, §§ 2212, 2215, 2218. By an act taking effect July 15, 1909, every town was required thereafter to "assume and maintain the control of all the public schools within its limits" as one school district; and from that date until its next annual town meeting the school visitors and the chairmen of the committees of the districts within each town were constituted a joint board, having the powers and duties of town school committees. A town school committee was to be elected at all future town meetings (with an exception not material in this cause), with the powers and duties of district committees and school visitors, who should "maintain in their several towns good common schools of the different grades, at such places and times as in their judgment shall...
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...centuries recognized it as her right and duty to provide for the proper education of the young." State ex rel. Huntington v. Huntington School Committee, 82 Conn. 563, 566, 74 A. 882, 883. Education is so important that the state has made it compulsory through a requirement of attendance. G......
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Enforcing affirmative state constitutional obligations and Sheff v. O'Neill.
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