175 Ga. 663 | Ga. | 1932
Certain citizens of Harris County filed a petition for mandamus against the county superintendent of schools and members of the county board of education. The petitioners alleged that they were residents, freeholders, and taxpayers of Mountain Hill School District .in said county, and that the board of education was not appropriating to the schools of Mountain Hill School District the funds required to be given to it under the amendment to the paragraph of the constitution (supra) which was ratified at an election held in 1920. The petition sets forth the amount plaintiffs claim should be apportioned to Mountain Hill School District, and gives the number of pupils in the county and the number of teachers, alleging that the teachers have the same grade license. It is alleged that the defendants have “failed and do now refuse to.
The plaintiffs in this case had the right to bring the petition, since the question involved was one of public and not mere private right. The theory upon which money is appropriated for public education is that every citizen is interested in the enlightenment of the people. The property of a man without children is subjected to the payment for the education of the non-taxpayer. Therefore the principle is recognized that is set forth in the case of Board of Commissioners of Manchester v. Montgomery, 170 Ga. 361 (153 S. E. 34).
A controlling question is the construction of the above-cited article of the constitution (Civil Code, § 6579). That section reads as follows: “Authority is granted to the counties and municipal corporations, upon the recommendation of the corporate authority, to establish and maintain public schools in their respective limits by local taxation. The proper county authorities whose duty it is to levy taxes for county purposes in this State shall, on the recommendation of the board of education, assess and collect taxes for the support of public schools under its control, not less than one nor more than five mills on the dollar of all taxable property of the county outside of independent local systems, which shall be distributed equitably according to the school population, tax values, the number of teachers and their grade of license, among the public schools therein. An additional levy to that already allowed, not to exceed five mills, shall be permissible in independent local systems, municipalities, or school districts on a two-thirds vote of those voting. No additional election shall be required to maintain any local school tax now in existence in districts, counties, or municipalities; provided, this bill shall not apply to counties having a local school system of taxation adopted prior to the constitution of 1877.” If this provision of the constitution vests a discretion in the board of education, then, in the absence of gross abuse, the remedy of mandamus is not available. The language of the constitution is that the sum raised “shall be distributed equitably according to the school population, tax values, number of teachers and their grade of license, among the public schools therein.” What does the word
Judgment affirmed,.