Johnson v. School District of Wakefield

Spencer and Boslaugh, JJ.,

dissenting.

The problem in this case is not the office or function of a proviso, but rather what was the proviso included *381in the 1963 amendment to section 79-403, R. S.. Supp., 1963.

L.B. 691, as introduced in the 1963 session of the Legislature, amended section 79-403, R. S. Supp., 1.961, so as to authorize a transfer where the route to the schoolhouse in the adjoining district was more practicable, one-half or more of the distance was over hard-surfaced roads, and the distance to the schoolhouse in the adjoining district was not more than 6 miles greater. The 6-mile…