Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-03-06
SALTWATER NEWS.

Mr.. Newton McKusick has written play
entitled "The Duke Normandy" which will
DO played under the auspices of the Cornet
band in short time.
The city clerk is making out his election
notices for the first day of April. Voting
will take place at the usual polling places.
The officers to be elected this spring are:
Mayor, one year; treasurer, one year; one
alderman from each of the three wards, three
years.
MIR. Hugh Hall, who has been numbering
on Mission creek, was brought to this city
last evening badly injured in the region of
the thigh. Mr.. Hall on last Monday was
standing beside windfall looking under .
loaded sled, when the train started and
crooked log caught him and crushed him
against the windfall. His condition being
deemed critical, DR.. Murphy was telegraphed
last night.
The Board Of Education, Mandan,us
The long expected decision in the i'm
portant sYorkes mandamus case, was receiv-
ed yesterday from Judge Crosby, and is as
follows:
State of Minnesota ex rel. Marion Yorkes
vs.. the Board of Education of the city of
Saltwater and VIM. F. Gorrie.
It is ordered that peremptory writ Of
mandamus in the proceedings be and the
same is hereby denied.
F. M. CROSBY, District Judge.
March 4, 1879
Following the findings of the referee is the
following memorandum of the decision of
the judge.
The board of education of the city of Still
water is vested with the power to make by
laws and ordinances relative to the powers
and duties of teachers; relative to the regu-
lation of the schools, and the books to be
used and the course of study to be pursued
! therein. The schools of said city under the
direction and regulation of the board of
education are declared to be public
and free to the children
residing within the limits thereof, between
the ages of and 81 years inclusive, subject
to such rules and limitations as the board
may establish.-,Special Laos Of 1868, page
228.
Public schools are created by legislative
enactment. That the legislature has power
to make them free or subject to rules and
limitations there can be no question, nor
can there be any question that the legisla-
ture has power to vest board of education
with the authority to prescribe rules and reg
ulations for the government Of its schools
and the course of study to be pursued there
in. The right of children res iding within
the limits of the city of Saltwater to attend
it's public schools is not absolute. It is
given subject to such rules and limitations
as the board of education may establish. A
child has not the right to attend these
0yf &foeE
dition of complying with the rules and linn
itations established by the board.
| When the law, as III this case, gives the
school board power to prescribe course of
study and to adopt rules and regulations for
the government of the schools, and the
board, under the power conferred, does it,
and scholar refuses to comply with the
same, that scholar forfeits his rights to the
privileges of the achool which compliance
with its rules and regulations would give.
| Terrier VS.. Tyler, 4S vt. 444.
Guernsey vs.. Pitkin, 81 Vt. 224.
| Law, 80 Vt. ia.
| Sherman vs. Charlestown, 8 Oush. l60
! Spillor VS.. Woburn, II Allen, 127.
Sewell VS.. Board of Education, etc., 20 Ohio
! St. 80.
] % Maine 379.
The case of Morrow VS.. Wood, So Wis.
81, Is not one where the board had prescribed
the study that the boys father forbade him
to pursue.
| This is an application for a mandamus.
The legislature has seen ft to leave the
course OF study to be pursued in the schools
OF the city of Still water, and what rules and
regulations shall govern them, to the discre-
ton of the board of education. That dis
cretion in its nature is judicial.
The writ of mandamus cannot be used to
control judicial discretion
Courts are not vested with the power to
say what rules and regulations the board of
education Of the city of Saltwater shall or
shall not accept for the government Of its
schools, SO long as tue board acts without
fraud, malice OR corrupt motives.