122 Minn. 254 | Minn. | 1913
Chapter 247, p. 291, Laws 1909, as amended by chapter 82, p. 97, Laws of 1911, provides that any high school, graded school or consolidated rural school having satisfactory rooms and equipment and having shown itself fitted by location and otherwise to give training in agriculture, may, upon application to the state high school board of this state, be designated to maintain an agricultural and industrial department to consist of courses in agriculture, manual training, and home economics, including cooking and sewing.
The act further provides that one or more school districts maintaining rural schools may become associated with any such high school, and in such case the high school shall be known as the central school. Section 3 provides that such associated schools may charge nonresident pupils, attending and receiving instruction in such department, tuition, to be fixed by the board, not exceeding $2.50 per month for each such pupil; and that said tuition so fixed shall be a legal charge against the school district in which said nonresident pupil resides, and shall be paid by such school district out of the funds of such district.
The complaint alleges that, pursuant to these acts, certain common school districts of Eenville county became associated with Independent School District No. 63, of Hector, under the name “Associated Schools of Independent School District No. 63 of Hector, Eenville County, Minnesota” for the purpose of maintaining an agricultural and industrial department; that said Independent School District No. 63 is a duly formed and organized high school and is the central school of plaintiff, and was, prior to the association of said schools, designated by the proper authorities of the state to maintain
Defendant demurred to the complaint on the ground that it does not state facts sufficient to constitute a cause of action. The demurrer was overruled and defendant appealed.
It is contended that to tax defendant district for tuition of pupils residing therein and attending plaintiff’s school creates unequal taxation; that it constitutes the taking or appropriation of the money of the district without compensation and without due process of law, and without a hearing to defendant and for a purpose it may not desire. These contentions cannot be sustained. They are based on too narrow a view of the power of the legislature over its municipal subdivisions and over matters of education.
“The stability of a republican form of government depending mainly upon the intelligence of the people, it shall be the duty of the legislature to establish a general and uniform system of public schools.” Section 1, article 8.
“The legislature shall make such provisions by taxation or otherwise, as, with the income arising from the school fund, will secure a thorough and efficient system of public schools in each township in the state.” Section 3, article 8.
The object of these provisions is “to insure a regular method throughout the state, whereby all may be enabled to acquire an education which will fit them to discharge intelligently their duties as citizens of the republic.” Board of Education v. Moore, 17 Minn. 391, 394 (412, 416). These provisions were not a grant of power to the legislature, for all the powers there mentioned would have existed without such grant. They were inserted as a mandate to the legislature prescribing as a duty the exercise of this inherent power.
“The rule of uniformity contemplated by this constitutional provision which the legislature is required to observe, has reference to the system which it may provide, and not to the district organizations that may be established under it. These may differ in respect to size, grade, corporate powers and franchises, as may seem to the legislature best, under different circumstances and conditions; but the principle of uniformity is not violated, if the system which is adopted is made to have a general and uniform application to the entire state, so that the same grade or class of public schools may be enjoyed by all localities similarly situated, and having the requisite conditions for that particular class or grade.”
The view we have taken of this case is amply sustained by authority.
In Boggs v. School Township, 128 Iowa, 15, 102 N. W. 796, an act of the legislature of Iowa provided for the establishment and maintenance of county high schools. It was held that a provision requiring a school corporation to pay for the tuition of its pupils for attending such a high school without its consent is constitutional. The court said, at page 17, “that the legislature has the power to provide for a system of public schools * * * and that it may provide for the maintenance of such schools by taxation is as well settled by authority. It has the same power to provide for the establishment and maintenance of a county high school that it has to provide for schools of a lower grade, and it may unquestionably designate the means and manner of raising the revenue necessary for its maintenance.”
In Fiske v. Inhabitants, 179 Mass. 571, 61 N. E. 260, an act of the legislature of Massachusetts provided that any town of less than 500 families, in which a public high school or a school of corresponding grade is not maintained, shall pay for the tuition of any properly qualified child who resides in said town and who attends the high school of another town or city. It was held that this statute was constitutional and that plaintiff was entitled to recover from the town in which he resided for the tuition of his child at the high school of another town, although defendant refused to approve of the attendance.
In Ricker v. Inhabitants, 101 Me. 553, 64 Atl. 948, a statute of Maine provided that any youth who resides-within a town which does .not support and maintain a free high school giving at least a four year’s course may, when prepared to pursue such four year’s course, •attend any high school having such course, and in such case the tun •tiqn, not to exceed $30 annually, shall be paid by the town in which !he resides. It was held that a school receiving such pupils might •maintain an action under this statute against the town in which such pupils reside, although the statute failed to specify the remedy which should be employed to compel performance by the town of its statu4ory duty.
In New Hampton v. Northwood, 74 N. H. 413, 68 Atl. 538, there •was involved an act providing that any town not maintaining a high •.school shall pay for the tuition of any child who with parents or guardian resides .in said town, and who attends a high school or academy in the same or another town or city in this state. The liability of districts to respond under that statute was affirmed.
We find no authority to the contrary. High School v. Lancaster County, 60 Neb. 147, 82 N. W. 380, 49 L.R.A. 343, 83 Am. St. 525, cited by counsel for appellant, is not in point. The statute there con
Our conclusion is that the complaint states a cause of action and! that the order overruling the demurrer should be affirmed.
So ordered.