[Download] "Read v. Stephens" by Supreme Court of Montana ~ eBook PDF Kindle ePub Free
eBook details
- Title: Read v. Stephens
- Author : Supreme Court of Montana
- Release Date : January 17, 1948
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 55 KB
Description
1. Schools and school districts ? Adding to districts. Territory may be detached from one school district and placed in another in discretion of county superintendent of schools, in first instance, or, on appeal, in the discretion of the board of county commissioners to which power is delegated by the legislature even though the district losing the territory may be crippled financially, if the action taken is not arbitrary or such as to constitute a legal fraud. 2. Administrative law and procedure ? Use of delegated power. Where the power of administrative boards, whether termed legislative or quasi-judicial, to change boundaries of school districts is exercised within the limits of the statute that delegates power and in the discretion of the board exercising it, it is not subject to interference by courts. 3. Schools and school districts ? Limits of officers discretion. The county superintendent of schools and the board of county commissioners have been delegated a full measure of discretionary power in creating and changing the boundaries of school districts, except for the limitation that no territory shall be taken that is within three miles of an established school and that the taxable valuation remaining in the district from which the territory is taken shall not be reduced below a specified sum. 4. Administrative law and procedure ? Arbitrary action not allowed. The language of the statute under consideration does not give the board the power to act arbitrarily, or without a hearing, or in disregard of the evidence which by the terms of the statute, it shall consider. 5. Schools and school districts ? Duties of officers in considering change. The use of the phrases "if he deems it advisable" and "and for the best interests of the territory proposed to be transferred or included," opens a wide field of matters for consideration. 6. Schools and school districts ? Transfer of territory not arbitrarily done. Evidence that children in that part of abandoned school district 34 which was transferred by county superintendent to district 15, because of a range of mountains, had to enter district 67 and pass a schoolhouse of that district and travel ten additional miles before reaching a schoolhouse in district 15, together with other evidence, authorized conclusion that the board of county commissioners did not act arbitrarily in ordering a transfer of such territory from district 15 to district 67. - Page 509