School District No. 6 v. Board of County Commissioners

The opinion of the court was delivered by

Mason, J.:

Prior to 1920 six school districts of Rooks county maintained high schools under the “free tuition” act, providing in substance that residents of territory having no accredited high schools might attend them elsewhere in the county, a fund for paying their tuition being raised by a tax levy on such territory. (R. S. 72-3801 to 72-3803.) On November 2, 1920, the proposal to adopt the Barnes law (R. S. 72-3001 to 72-3005 and 72-3017) was voted upon and three days later the canvass was made declaring the proposition adopted. A controversy arose…