The Corvallis times. (Corvallis, Or.) 1888-1909, 1904-10-08
THEY DISAGREE.
Judge and Attorney General-A Ben
ton County Decision.

y
ton County Decision.
Apportioned school money does
not have to follow pupil out OF
its own district into another. if the
directors of the district order to
the contrary. That is to say, when
for any reason, a pupil leaves its
own district and attends school
in an adjoining district its pro ra-
ia of school money may be trans
ferred with it to the other district,
or it may. if the directors so order,
be withheld altogether for use in
the original district. In short, the
directors of the district involved
have complete authority in the
matter, and can withhold the mon
ey or allow it to follow the pupil
into an adjoining district, as they
see fit. Such at least is the decis-
ion of Judge Hamilton In the case
of J. R. Fehler and others versus
the Newton school district. The
decision was handed down a few
days ago, and is to be seen at the
county clerks Office.
The case was tried at the April
term of the circuit court on defend
ants demurrer that involved the
question at issue. The children
of J. E. Fehler and others in the
Newton district attended school at
Philomath, and sought to have
their pro rata of school money from
the Newton district follow them to
the Philomath school. Encourage
ment for the plan was found in a
decision of the alto. ney general of
Oregon, who held that the word
"may" in the law had to be con-
strued as "shalr', making it man
datory on the directors of the New.
ton district to transfer the pro rat
ed money of the pupils to the
Philomath directors. The Newton
district directors refused to make
the transfer, and Mr.. Fehler and
others brought mandamus proceed
ings to compel them to do so. The
case was argued and submitted at
the April term, and the decision.
taking an opposite view from that
expounded by Attorney Genera!
Crawford is the outcome.
The section of the law over
which difference of opinion arose
is as follows: 1.-THE board of direct
ors of any district may transfer to
another district any child, together
with all the school money due by
apportionment to such child, when
ever the parents shall present a
written request, accompanied by
written permit from the board of
the adjoining district. Inthis de
cision, Judge Hamilton says, 1.-The
word may" as used, would give
the directors power to make the
transfer, but Ut would not neces-
sarily follow that the transfer is to
be made in every case in which
application therefor is made"
The question of whether or not
the word "may" is mandatory.
leaving no discretion with the di-
rectors, has been one of extreme
interest throughout Benton county.
In several districts there were cases
like that in the Newton neighbor-
hood, and in all, the question of
what the law meant was widely
and vehemently discussed. After
the decision of Attorney General
Crawford, which was published in
full in the Times, it was generally
accepted as law that if the parents
of the child requested it, the trans
fer of school money had to be made,
but the decision just rendered up
sets that theory. Whether or not
the case will be carried to the su-
preme court, is not known.