Allen, Sheriff v. Elkhorn Coal Corporation

Opinion of the Court by

Judge Clarke

Reversing.

The single question presented by this appeal is whether or not cities of the fifth and sixth classes, incorporated since the adoption of the present Constitution, possess the power by ordinance to organize and conduct schools therein. Unless so, then by section 4426a-l, such territory is a part of the county school district, and schools therein are subject to the control and management of the county board of education (sections 4399a-l to 4399a-15).

That no such power is conferred by charters of such cities has been expressly decided several times…