State v. Freeman

The opinion of the court was delivered by

Johnston, J:

This is a proceeding to compel the county commissioners of Elk county to carry out the provisions of chapter 189, Laws of 1899, “An act to establish a high school at Howard, Elk county, Kansas.” Two of the commissioners declined to appoint a board of trustees as the act required, on the alleged I ground that it is an unconstitutional interference with j the right of local self-government. The contention ; made in their behalf is that the county cannot be : compelled to build and maintain a high school with- ' out the consent of those who…