101 Neb. 683 | Neb. | 1917
This defendant, while residing in school district, No. 105, in Furnas county, which district .had no high school and no facilities for high school education, sent his children of school age to the high school in the adjoining district. No. 15. After they had attended that high school for some time, this action ivas brought by school district No. 15 to recover $8 a month, which it was alleged “the defendant impliedly and by operation of law agreed to pay the plaintiff for the said school privileges.” The plaintiff recovered a judgment in the district court, and the defendant has appealed.
The plaintiff contends that under the provisions of the act of 1907 (Laws 1907, ch. 121) as amended by the act of 1909 (Laws 1909, ch. 122) there is an implied contract on the part of the parents of these children to pay the specified sum of $3 a month for tuition in the plaintiff’s high school.
It has continually been the policy of this country to' furnish free educational privileges to all children of school age by general taxation without regard to whether the parents or guardians of the children are situated so as to pay any part of such taxes. It is the established policy of the people of this state through their legislature to furnish free high school education to all the youth of the state without distinction or discrimination.
In 1907 the legislature provided for free public high school education. Laws 1907, ch. 121. The title of the act
In 1913 an act was passed (Laws 1913, ch. 252) entitled: “An act to provide for the organization of county high schools in counties not having a twelfth grade high school.” The act provided: “The county board of any county in this state that does not have organized within the borders of such county a twelfth grade high school accredited to the state university, shall be deemed authorized and it shall become their duty” to take steps necessary to provide a board of regents for such high school.
In 1915 an act was passed (Laws 1915, ch. 120) repealing the provisions of the former act in regard to sub-
The title of the act of 1907 declares the purpose of the act, and all other legislation upon this subject keeps that purpose distinctly in view.
The Constitution provides that the subject of legislation must be clearly expressed in the title of the act. The object of this provision is to prevent surreptitious legislation. The people of the state would not expect legislation under this title that would deprive the children of indigent parents of the privilege of free high school education, and the provisions of the act of 1907 were in harmony with the promise held out in the title of the act. If an attempted amendment to this act should so far depart from the subject expressed in the title as to amount to surreptitious legislation, such amendment would be invalid under the constitutional provision. It is seriously contended by the defendant in this case that the amendment of 1909 is unconstitutional and void. This court is so reluctant to declare an act of the legislature unconstitutional that we have concluded that this case can be decided without determining that question.
In High School District v. Lancaster County, 60 Neb. 147, the question was raised “whether the fact that under this act the taxpayers of such districts are compelled to pay the whole of the expense of educating pupils resident in such district, and in addition thereto the proportion of the expense of educating nonresident pupils, affects the question of the constitutionality of the act,” but it was not found necessary in that case to determine that question. That objection has been obviated in sub
The question remains for consideration whether, under the conditions shown to exist in this case and the provisions of our statutes, an agreement on the part of this' defendant to pay this tuition should be implied. The statute provides: “Every pupil, to be entitled under the provisions of this article to free public high school education in the ninth grade of any public school district maintaining such grade, must have a certificate signed by the
The law in many cases implies a contract to pay for services received, but not in cases where, as in this case, it is doubtful whether the party claiming compensation is entitled thereto from the party with whom he deals, and where the existing conditions and the conduct of the parties are entirely inconsistent with the existence of such a contract. The defendant claimed that he -was entitled to free high school privileges for his children. That was what he expressly applied for, and the school district took no such action as the statute contemplates in case the party applying was not entitled to such free tuition; and so, instead of an implication of an agreement to pay, it clearly appears that no such payment was contemplated by the defendant, as the school officials and all parties knew. The law will not imply that which the evidence clearly shows did not exist. We do not think that the defendant is liable for the payment of tuition. The case was submitted to the trial court upon a stipulation. There is no disputed fact.
The judgment of the district court is reversed, and the action dismissed.
Reversed and dismissed.