The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1907-01-14
The DECISION.

Mr. Justice Farmer Delivered ths
opinion III the court.
School district No. 3 in town IA
south. range / west Of the third prin-
cipal meridian, is sitHata partly IN
Alexander county aad partly in Pm
laski county Mil creek constitutes
the line dividing the two counties. The
school house is in Pulaski county, and
q the winter time II is for The greater
part Of the line inconvenient, and fire.
luenily impossible, for the children
residing in Alexander county to reach
rhe school house by reason of high
waters in NH creek and bad roads
the bottom land near the creek. A
petition was presented to the trustees
If schools asking that the territory
in Alexander county be detached from
district No and formed into a new
district The trustees denied the
prayer of the petition. and Eli Sewers.
John l.. Cline and Beorge II Bradley
prosecuted an appeal under the stat.
lte. The appeal was heard by The
Ognty judge of AleXand county and
he respective county superintendent
Of Pulaski and Alexander counties.
md The body So constituted ordered
hat the prayer Of the per.ti0n should
,e grant and a new district erpc.cd
md composed Of The terri cry in Alex
inder county. The plaintiff in or
.or, residents freeholders and tax
payers of Pulaski county, presented
o the circuit court of Alexander coun.
y a petition for a common law writ
If "certiorari" for he purpose Of re.
viewing the record and proceedings
If the board of appeals. and praying
thar the order made by the said board
II appeals be reversed set aside and
for naught es eemed. A notice IN
writing was served upon all the part,
les made def ndants 10 said petition.
IF the date and place when and where
the petitioners would appear before
The cilcuit cour of Alexander co uty
mi ash for an order for be Issuance
IF said writ Al tine time and place
aamed the parties appeared and pet
TONERS presented their petition. with
proof and notice Respondents then
offered certain evidence addressed
mainly % the discretion Of the court
and for The purp Sc Of showing that
Justice dill not require the issuance I
IF the writ but not to contradict the /
return-a practice that seems TO be
approved in Hyslop Us. Finch % m. .
IN. The circuit court denied the writ .
and dismissed the petition and 10 re.
verse that Judgment the case is /
uo ghi 30 this court by writ of error .
Il is well settled, in determining
a question of thi, character. that the
court is vested with q discretionary
2ower as the writ is not one of right f.
This Discretionary power. however.
IS not an arbitrary one that may be-
exercised in an cases regardless Of .
the merits Of he case as shown BIZ
The peril on. II Is The contention Of [
plaintiffs in 5rorr that their petition
made a case In which the court had
no discre'ion but that it was its duty
TO award the writ
The error alleged TO exist in the re- I
cord Of The proceedings to establish
I new district is based on the confen. F.
ion Of plaintiffs in error that he De- 4
'iiiOn presented 10 the board If trus- T.
ices. which is the basi. Of the pro. 1
@cedmg. did not contain the requisite
1nmber OF qualified petitioners to give
The hoard jurisdiction Of he matter
md thar therefore jurisdiction was
acking 10 the board. composed Of the
county suBcrintendents of the resnec- Z
tive counties and The county fudge of
Alexander county, TO hear the appeal
and enter Judgment therein. The pc
'ition purp0rts TO bear the signatures
Of twO-thirds Of the legal voters reeId- I
ing IN that part of the district which
IS situate in Alexander county. b.
ing the territory Of which tha row dis
nc. IS composed. Plain Fl ID error
e-ntend that it was essential to A I