Board of Education of State of Colorado v. Spurlin

I agree with the decision of the trial court, and in so doing, must disagree with the majority opinion of this court. It seems to me that the trial court’s determination of this case is correct beyond peradventure. Rules of construction, semantics and history are on the side of affirmance of the judgment of the trial court; they are against the opinion of this court.

In 1948 Article IX, Section 1 of the Constitution of this state was amended. As amended, it provided that “The general supervision of the public schools of the state shall be vested in a board of education whose powers and duties…