158 Pa. 272 | Pa. | 1893
Opinion by
The subject of controversy in this case is the location of a district schoolhouse. Reduced to its simplest terms the question raised is whether the exercise of official discretion of a board of school directors shall be supervised and directed by a court of equity. If so, the selection of teachers and text books, the fixing of the rate for the levy of school and building taxes, the arrangement of the course of study, together with other similar duties, will be hereafter done subject to the opinion of the courts. The administration of the school laws will in that case depend on the discretion of a chancellor, whose decrees will be enforced by injunction or mandatory order. Such a conclusion would do violence to the school laws, and to the well settled
But the learned counsel for the appellants seeks to induce action in this case by suggesting that a question of public health is involved. The bill alleges that the new location is less salubrious than the abandoned one, because more exposed to the winds of winter, and that pupils may suffer in health for this reason. It is more than doubtful whether the danger thus suggested is so obvious as to justify an exercise of the police powers in order to avert it, even if the fact was admitted to be as alleged. But it is distinctly denied in the answer before us. There is nothing in this case therefore to prevent the application of the general rule already stated.
The learned judge was right in dismissing the bill and his decree is affirmed. Costs to be paid by the appellant.