Grant County herald. [volume] (Lancaster, Wis.) 1850-1968, 1899-08-10

lic legal remedy. Where the lega
right is doubtful or where the per
Torrance of the duty rests on discre-
ton, a writ of mandamus cannot right
fully issue. F" Stdtc 4 Supervisors o.
Washington, 2 Pinney, 555 The
books abound with cases which assert
and enforce the rule that mandamus
will not lie to control the exercise o.
discretion or official Judgment Tn
State 2. Joint School District, IS Wis
63S. The law empowers the high
school board to make all needful rule.
for the government and graduation o.
the school and with the advice and
consent OF the state superintendent tC
prescribe the course of study. Stats.
Wis 1895 Secs 493, 439, 494, 49Ga.
1t is not questioned but that all Of
the six branches of study which the
board of education required each can
dldate for graduation to pass in were
a part of the prescribed course in tho
Richland Center schools and that it
was essential to advancement or grad
uation that the pupils should attain in
each Of them satisfactory standing.
| But ii is claimed that the REALTORS son
some years ago did pass in grammar
and that, therefore, his knowledge of
that study should not have been test
ed TO determine his right to graduate;
that it was unfair to him to require
this, especially by a resolution passed
rs late rs the closing term OF this
school wear because he would be nat
urally rusty in a study so long laid
aside and had too short a time after
the adoption of the resolution in which
to review and prepare for examination.
Granting all this to be true, still. it
Is function of the school board of a
judicial character to determine who
are entitled to graduation, and court
cannot by a writ of mandamus control
their Judgment. The power Of de-
termining who are entitled to gradu-
ate being with them, neither the meth
DDS they adopt in determining nor
their decision in denying diploma to
candidate for graduation can be
questioned in m action ike this. 1t
is true that if case were made out
clearly showing that pupil was en-
titled to a certificate Of graduation
and that SIeh certificate was refused
him arbitrarily the court by mandamus
would compel its execution and de-
livery; but such is not the case. Up
on the facts alleged it is doubtful
whether Willard Ludwig was entitled
to graduate, and there is nothing III
the petition of the relator tending to
show that his son was treated by the
board differently than his fellows Of
the graduating class, ~ that the de-
cision of the board III his case was not
conscientiously made.
The contention Of counsel that Will
lard Ludwig was entitled to graduate
without examination in the studies
named because no such examination
was required when he entered the
high school rests upon the untenable
claim that every pupil entering high
school has the vested right TO have the
course OF study and the rules and reg
ulations remain as they were when he
entered it 50 far rs they concern him
self. The unreasoAableness of this
proposition is manifest. Its adoption
would breed confusion in every school
in the state
My cone usion is that the motion to
squash this writ must be granted
This decision win not preclude the
petitioner from appealing to the state
superintendent as provided in Sec
1917, Wis Stats. 1898, from the refusal
OF the board TO grant the diploma if
he should desire To do So That, in
my opinion, is theremedy that should
have been pursued in the first in
stance. Upon such an appeal the
whole case can be reviewed unham-
pcred by the legal rules that govern
the action of mandamus. The state
superintendent cannot only determine
the question OF the power Of the school
board but also whether while acting
within that power the board decided
rightly. The course Of study in the
high schools and their government
are under the supervision Of the state
superintendent Uniformity in the
sclool work in the state would be best
subserved by referring to him all mat
tiers in difference between parents o.
pupils and school boards. He is far
better qualified than the judges OF
the court to determine such questions
especially questions relating to the
standings Of pupils and whether they
should be permitted to graduate.
School books and courses Of study are
familiar things to him; they belong tc
the dead past of the judges, not one
Of whom probably, taken suddenly
without an opportunity to "Drusf
up, could pass a teachers examina
ton for second grade certificate.
Dated AUGUST / 1899.