77 Wis. 532 | Wis. | 1890
It is claimed on the part of the defendant that when, in April, 1887, the township of Green Grove was created and organized out of the western portion of the territory which had previously constituted the township of Colby, such territory as was thereupon comprised in such new town ceased to be a portion of such joint free high school district, and hence no longer was obliged to contribute to the support of such high school.
The statute provides for the formation of joint common school districts. Sec. 415, R. S. It also provides that every school district organized pursuant to the chapter on common schools shall be a body corporate and possess the usual powers of a corporation for public purposes. Sec. 417, R. S. Those sections both existed long prior to the statute authorizing the establishment of free high schools, which was not enacted until 1875. Sec. 490, S. & B. Ann. Stats. Such sections, therefore, are to be construed as a continuation of such laws, and not as new enactments. Sec. 4985, R. S.; Thompson v. Milwaukee, 69 Wis. 494; State ex rel. Bergenthal v. Bergenthal, 72 Wis. 319. The statute for the alteration of joint common school districts by boards of two towns was not enacted until 1882. Sec. 419a, S. & B. Ann. Stats. The statute relating to free high schools provides that “two or more adjoining towns may unite in establish vug cmct maintaining any such high school.” Sec. 491, Id. The statutes also provide how, and the conditions upon which, aid may be obtained from the state. Secs. 491a, 4915, 494-496, Id.
In an opinion of the learned state superintendent upon the question here involved, he refers to the fact that, while there is no express provision in the statutes for the discontinuance of a free high school, yet there are three or four indirect ways by which, under the sections of the statute cited, such school may cease to be a free high school in any such sense as to entitle it to participate in the state aid. He then maintains that such joint free high school is not,
This is an action at law, pure and simple. The complaint
By the Court.-— The judgment of the circuit court is affirmed.