86 Wis. 563 | Wis. | 1893
In an action brought against the town of Green Grove by the same joint free high school district which is represented in this proceeding by its district board, this court approved the opinion expressed by Mr. Thayer, the late learned superintendent of public instruction, that our statutory free high school system “ is crude, deficient, and complicated, and greatly needs revision.” [Joint Free High School District v. Green Grove, 77 Wis. 532.] It is a satisfaction to know that under special authority of the legislature, conferred by ch. 178, Laws of 1893, it is now in process of revision by the present able superintendent. Doubtless, the imperfections of the system will disappear when the next legislature adopts the report of Mr. Wells. But, however imperfect the statutes in that behalf may be, certain legal inferences are clearly deducible therefrom, which control the determination of this appeal. Those will now be stated, but they require little discussion.
The inevitable conclusion from the foregoing propositions is that the petition states sufficient grounds for issuing the writ of mandamus, and the return of the town clerk to the alternative writ fails to show any valid reason to the contrary. We hold that the peremptory writ was properly awarded.
By the Court.— The judgment of the circuit court is affirmed.