The Corvallis times. (Corvallis, Or.) 1888-1909, 1903-10-31
IT MAKES TROUBLE.
School Law Does-Several Districts
InvolYed-Suits may be Brought
ADecision

A9tuOO1 Law OOCS AGf ~ IA
InvolYed-Suits may be Brought
"A Decision.
There is trouble in various parts
of Benton, over the question of a
pupil attending school in an ad,
Joining district and receiving there
the school money to which it is en-,
titled in its home district. Wheth-
er the practice was permissible OF
not. remained an open question for
sometime. and then Attorney Gen
eral Blackburn partially settled it
by an opinion. He held that the
word "may' in the law is to be
construed as must and that there
fore pupil may attend school in
an adjoining district and that the
school money to which. it is en-
titled in the home district must fol-
low the pupil into the district where
school is attended. a
In a number Of districts in the
county, the conditions referred to
prevail. At Philomath, there are
number of pupils in the schools
who live IN the Newton district. In
the Corvallis schools there are
pupils from several adjoining dis
tricts. There are also similar cases
in many of the outside districts of
the county. And in all of them, in
spite of the attorney generals op-
inion, there is more or less friction
over the matter. There are people
for instance who claim that the law
is unconstitutional: In consequence
the sehoo, money to which a pupil
is entitled is not readily paid over
tosthe officials of an adjoining dis
trie1 The question has also arisen
aswho shall be the person to see
that the school money follows the
child. Is it the duty of the county
superintendent to apportion the
money direct and withhold il from
the vacated district. or shall the
board of directors il the affected
district to pay it over.
Another opinion just rendered
by the attorney general bears on
the whole matter. The opinion
was rendered in answer. to ques
tions propounded by Superintend-
ent Denmarl. II says:
1t is the duty Of any district
whenever the parent or guardian
of the child shall present written
request. accompanied by written
permit from the board of directors
of the adjoining district. to transfer
the child, together with all school
money due by apportionment to
such child, to the adjoining dis
tTict. or the district to which the
child is transferred, and the board
of directors of the first district re-
fuse to transfer the money so due to
such child, the proper method of
procedure would for the. parent or
guardian of the child to apply by
proper pleadings to the circuit
court}for writ of mandamus to COM
pei the board of the first district to !;
pay the some over to the clerk OF
the adjoining district. A person
al right is conferred and the sec
.tion therefore, is mandatory. Also
] am of the opinion that directors
of the district to which the child is
Transferred could main! ain the suit,
II find no law to warrant the
county superintendent in apportion-
ing the money direct to the a,s.
trict to which the child Is trans
Tered. It fsst must be apportion.
ed to the original district, and then
be transferred as provided in sec
II. page az Oregon School law"
It is understood that there is a
prospect for mandamus proceed
ings to be brought in the Philo-
math district to compel the board
of directors of the Newton district
to pay over to the clerk of the form
er district school money due pupils
that have been transferred from the
latter district to the Philomath
schools