188 Ga. 299 | Ga. | 1939
D. H. Keever, J. E. Lee, S. B. Payne, and J. H. Lanford, as trustees of Braden school district in- Gwinnett County, brought suit against the Board of Education of Gwinnett County, composed of Heard Summerour, J. A. Alford, J. E. Johnsqu, A. W. Tucker, and J. G. Hood, and the trustees of Lilburn sqhool district in Gwinnett County, J. E. Sheaffer, J. E. Pickens,
The defendants filed a demurrer on the following grounds: (1) No cause of action is alleged. • (2) There is'no equity in the petition. (3) No acts of omission,or commission by.the defendants are alleged which will entitle petitioners.to the relief sought. (4) There are no allegations showing legal or equitable' grounds for injunction. (5) The matters complained of are by law vested in the sound discretion of the county board of education,- and for the court to enjoin the members of the board would amount to usurpation by the court of the judgment* and discretion of the board. The demurrer was sustained, and the plaintiffs excepted.
Each county of the State is by law made a school" district/ and 'the management and control of the schools of the counjty.'.'is confided in the.county board of education. Code, ■§'§ 32-404,;32^901. . The county board of education is the tribunal for hearing'and de'termining all-matters of local controversy in reference'’'to- the con•'strufction and -a'dministrqjfion of the school-law,- but an Appeal from
The subdivisions of the county known as local school districts are governed by trustees who are elected by the people, and these trustees are given the power to look after the school property of the district, to fix teachers’ salaries, and to make recommendations of teachers to the county board. It was held in Taylor v. Matthews, 10 Ga. App. 852 (4) (75 S. E. 166), that the trustees of a local tax district could pay.tuition to another district for children from their district who were taught in the other district. In Meadows v. Board of Education of Paulding County, 136 Ga. 153 (2) (71 S. E. 146),'this court held that a .county board'of education could permit pupils living in one district to attend school in another district, and as neither was a local tax district the county board of education could deduct from the funds allotted to the district whose pupils attended school in another, and pay such funds t,o the district where the pupils were taught. Further manifestation of the legislative intent to yest control in the county board of education is found in the fact that such board is clothed .with power to consolidate local school districts, subject to a Vote of the people. Code, §§ 32-915, 32-916, 32-917; Stephens v. School District No. 3, 154 Ga. 275 (114 S. E. 197); Board of Education of Burke County v. Hudson, 164 Ga. 401 (138 S. E. 792); Hiue v. Morris, 176 Ga. 562 (168 S. E. 506). The county boards are also authorized to provide transportation for teachers and pupils to and from school. Code, § 32-919; Orr v. Riley, 160 Ga. 480 (128 S. E. 669); Fitzpatrick v. Johnson, 174 Ga. 746 (163 S. E. 908). While in McKenzie v. Board of Education of Floyd County, 158 Ga. 892 (124 S. E. 721), it was held that a school district which had levied a school tax was without power to furnish transportation to pupils, in the same opinion it was held that the county board of education did have power .to furnish such trans
Judgment affirmed.