Smith v. Donahue

Van Kirk, J.:

/ The principal question and in fact the only question urged seriously by the plaintiff is whether or not public funds may be used to furnish text-books and ordinary school supplies to pupils of private schools, or schools other than the public district schools, located in the city of Ogdensburg.

By the Laws of 1917, chapter 786, article 33-A (§§ 865-881) was added to the Education Law. The article provides for boards of education in the several cities of the State. In section 868, subdivision 4, is the following: “ To purchase and furnish such apparatus, maps, globes, books,…