Grand Forks daily herald., 1915-12-23
RIGHT 70,FORCF
Offer Of CASH
IS CONTESTED
School Action in Nelson
County of Importance to
the Entire State.
MAINTAIN THE
RIGHT OF PARENTS
Up to Them to Decide if
They Will Accept When
Substitution is Offered.
MAINTAIN THE
RIGHT OF PARENTS

Taxpayers of Nelson county,
through their attorneys, j. F. T.
OConnor and Sveinbjorn johnson OF
this city, have started an action
against the Petersburg school district
which will test whether or not the
school directors can substitute an Of
fer of compensation for the actual
transportation of children to and from
consolidated school as contemplated
by law. The action is brought under
Chapter 127 Of the laws of 1915,
which requires the school board to
provide for transportation of children
in q consolidated district living two
and one-half or more miles from the
building.
The title of the case is: State of
North Dakota, eX relator, Frank J.
Byrne, petitioner, VS.. A. r. Swend-
seid, John A. johnson and Walter
Plckard, as directors and the men,
bers constituting the school board of
Petersburg school district No. 1, of
Nelson county, and the district school
board within and for Petersburg
school district No. /, respondents.
The hearing is set for January at
l.akota before Judge c. NJ. Cooley of
Grand Forks.
Mandamus Proceeding,
1t is nandamus proceeding, in
which the petitioner, acting for him
self and others similarly situated, asks
the court to direct the board to make
some arrangements for transporting
the children to and from the school.
1t appears that the Petersburg
township schools and one-third of the
adjoining township consolidated in
1912. with the result that the district
contains 4S sections. According to a
map prepared by the plaintiffs. the
school building is located in one cor
ner Of the district, making it neces-
sary for some Of the children to travel
from to IL miles to get to the
school. Most of the district, the map
shows, is beyond the two and one
half mile limit
Farmers living six and one-half
miles and farther away insist that the
board should make provisions for car
rying the children to school.
According to the petition, the school
board. Instead Of transporting or con-
tracing with someone to transport
the children. made an offer Of Is cents
per mile per family for the transport
alton.
Citing ono Of the cases set forth
in the petition, that of Frank J..
Byrne, the petitioner, the offer
amounts to this: Mr.. Byrne lives six
and one-fourth miles from the school
and the board offered. him Is cents
per mile for four children, or "a cents.
Mr.. Byine, to take his children to and
from school, would have to travel
12 IL miles each day, or distance
Of Is miles day, for which he re-
ceives "a cents.
1t appears, from the petition and
reports filed with it, that "a year ago
the Petersburg board found that it
was paying more for transportation
than other districts A total of ST.
O95 was paid the year previous. Ac-
cording to the petition, the per capita
cost is much less than the per capita
cost Of other districts.
Consequently the petitioners pray
the court to direct the board to make
some arrangements for transporting
there children.
The case will be followed with great
interest throughout the state, for, as
previously stated, it will test whether
or not thhe board can substitute an
offer for actual transportation.