Weinacht Et Ux. v. Bower

Plaintiffs, who are residents and tax-

payers in a part of Marion county having no high school, challenge for themselves and others similarly situated the constitutionality of the county high school tuition fund law (§§35-4101 to. 35-4113, Oregon Code 1930) and seek to enjoin the collection of a special tax levied upon their property under and by virtue of such law. The circuit court, upon refusal of the plaintiffs further to plead after demurrer to their complaint had been sustained, dismissed the suit.

The purpose and object of the law under attack is to offer high school education to…