56 P. 413 | Or. | 1899
after stating the facts, delivered the opinion of the court.
The plaintiffs insist that there exists no right of appeal from the acts of a county school superintendent, in changing the boundaries of his district, to the Superintendent of Public Instruction. If this is so, it is decisive of the case, unless the proceedings on review have also brought up for consideration the action of the county school superintendent in making such change. The Superintendent of Public Instruction is empowered ‘ ‘ to exercise a general superintendence of the county and district school officers and the public schools of this
The State Board of Education is authorized and empowered (Hill’s Ann. Laws, § 2582, Subd. 2) “to prescribe a series of rules for the general government of the public schools, that shall secure regularity of attendance, prevent truancy, secure and promote the real interests of the schools.” In pursuance of such authority, and for the purposes thereby enumerated and prescribed, the board has adopted certain rules, of which numbers 2 and 8 only are pertinent to the present inquiry. Rule 2 relates to appeals by individuals from the action, order, and decision of district boards of directors to the county school superintendent; and rule 8 provides: “An appeal may be taken from the decision of the county superintendent to the Superintendent of Public Instruction, in the same manner as provided for taking appeals from the district board to the county superintendent, as
The principle is well settled that, where a particular jurisdiction is conferred upon an inferior court or tribunal, its decision will be final, unless provision is made by statute for an appeal: McGowan v. Duff, 41 Ill. App. 57; Hileman v. Beale, 115 Ill. 355 (5 N. E. 108); In re Storey, 120 Ill. 244 (11 N. E. 209). And it has been said by this court that “appeals for the removal of causes from an inferior to a superior court, for the purpose of obtaining trials de novo, are unknown to the common law, and can only be prosecuted when they are expressly given by statute Town of La Fayette v. Clark, 9 Or. 225. To the same effect, also, see Sellers v. City of Corvallis, 5 Or. 273; City of Corvallis v. Stock, 12 Or. 391 (7 Pac. 524); Barton v. La Grande, 17 Or. 577 (22 Pac. 111). Such being the rule pertaining to inferior tribunals invested with judicial cognizance, it applies with equal or greater cogency to officers and boards whose functions are ministerial, or quasi judicial only, in their character. It may be conceded that the Superintendent of Public Instruction, in the exercise of a general superintendence of school officers in the several counties, would have the authority to revise their acts in fixing or changing the boundaries of school districts, and that he might exercise such authority as an act of original cognizance: State v. Whitford, 54 Wis. 150 (11 N. W. 424); People v. Board of Education, 3 Hun. 177. The power to hear and
Keversed.