The Mt. Sterling advocate. (Mt. Sterling, Ky.) 1890-current, 1909-09-01
SCHOOL DISTRICT
Subjected to Heavy Expense In
Carrying Children to School.

The case which Judge O'Rear
decided came on appeal from the
Circuit Court in McCracken coun>
ty. Judge w. M. Reed held that
the County Board of Education
did not have the authority to
spend money for the transporta-
ton of children. Several schools
in McCracken county were con-
.solidated, and the Board of Edu-
cation ran wagons to and from
the schoolhouse on regular routes,
to pick up the children, some of
whom would have been forced to
walk for miles if they had not
been given free rides. There was
a question whether or not the
money could be used in this way,
and suit was brought to test the
point. Application was made for
an injunction, and this was grant
ed by Judge Reed. An appeal
was taken and Judge O'Rear has
now reversed the Judgment of the
McCracken court. Thomas Nc
Gregor, Assistant Attorney Gen
eral, argued the case for the schools
and won.
OPINION OF THE COURT,
The opinion of Judge O'Rear is
as follows:
This cause was submitted to
the undersigned Judge of the
Court of Appeals of Kentucky on
the motion of the defendants, to
dissolve an injunction granted
herein August IL, by his honor,
w. M. Reed, Judge of the Nc
Cracker Circuit Court, restrain
ing the defendants, the Board of
Education of McCracken county,
from consolidating subdivisions
Nos. 2, 5, 6 of educational divi-
sion No. 4 in that county for edu-
eational purposes, and appropii-
ating the county school tax in
part to pay fer the transportation
of pupils in those districts to the
scho0lhouse. His honor did not
doubt the power of the county
board TO consolidate the districts.
Nor do i. The statute gives that
discretion, and unless it is made |
'te appear that the discretion has
been abused the action of the
board will not be interferred with.
But his honor held that the
statute did not authorize the board !
to use the county tax to defray
the expense of hauling the chill
.dren to the schoolheuse. There
lis not an express authority to so
appropriate the money. But ]
think it is necessarily implied in
the general and specific powers
granted to and duty imposed upon
the board. That is, the Constitu-
tion requires the Legislature to
provide an efficient system of COM
mon schools. The Legislature,
by the existing statute, recently
enacted, has relegated to the coun-
ty board the power and imposed
upon it the duty of carrying into
effect the mandate of the Consti-
tution-net an unlimited power,
but express in certain particulars.
Among these is that in order to
obtain extended terms of the
schools the county board may con
solidate subdistricts, provide build
iugs and equipments and employ
teachers. Formerly the districts
were required by statute not to
exceed sixteen square miles in ter
ritory. The new consolidation
plan is a departure from that idea,
is inconsistent with it and there
fore the new act repeats the old to
that extent. Here we have two
fairly large districts, each with
more than 140 pupils, and one
with about forty-six. The two
former have adequate school
buildings. In the latter is a
building, designed as college,
and which has been obtained for
the consolidated schools, and is
op,nla RI accommodate their needs