Freeman v. School Directors
Supreme Court of Pennsylvania
Certiorari to the Court of Quarter* Sessions of Washington county. This was an application by certain citizens of Franklin township, Washington county, under the 9th section of the Act of May 8th 1854, authorizing the Quarter Sessions to declare the seats of school directors vacant, and to appoint others in their stead, until the next annual election, where they shall neglect or refuse to perform any duty enjoined by law.
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Certiorari to the Court of Quarter* Sessions of Washington county. This was an application by certain citizens of Franklin township, Washington county, under the 9th section of the Act of May 8th 1854, authorizing the Quarter Sessions to declare the seats of school directors vacant, and to appoint others in their stead, until the next annual election, where they shall neglect or refuse to perform any duty enjoined by law. The petitioners, who were residents of sub-district No. 1, in the school district of Franklin township, adjoining the borough of Washington; claimed that, under the 9th…
1Opinion of the Court
The opinion of the court was delivered, by
Lowrie, C. J.
The school law does not leave the directors without any discretion relative to sending children to, the schools of an adjoining district, and does not seriously impair the district divisions. Each board has express discretion relative to the school within the district which each pupil shall attend; and it would be quite absurd to leave them without it, when there is a nearer school in an adjoining district to which the pupil wishes to go.
There must he great distance and great difficulty of access to the schools of the district, before…
2Cited by3 opinions
- Kell v. RudySuperior Court of Pennsylvania · 1896
- Grove v. School District of Spring TownshipSuperior Court of Pennsylvania · 1910
- St. Clairsville Borough School District v. Osterburg Independent School District, Pennsylvania Court of Common Pleas, Bedford County1942