Auten v. School Board
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield,, Judge; 1. , Under the law, appellant was entitled to the privileges of the public free schools. Art. 14 § 1. He could only be excluded, by the exercise of a reasonable rule or regulation growing out of an emergency or necessity prescribed by competent authority.
Read the full summary
Appeal from Pulaski Circuit Court; Edward W. Winfield,, Judge; 1. , Under the law, appellant was entitled to the privileges of the public free schools. Art. 14 § 1. He could only be excluded, by the exercise of a reasonable rule or regulation growing out of an emergency or necessity prescribed by competent authority. No statute in express terms gives to a city power to pass an ordinance for compulsory vaccination of school children; hence, in the absence of the epidemic or an emergency, neither the city council nor the board of health has the right to prescribe or enforce such rules. Kirby’s…
1Opinion of the CourtRiddicic, J.
This is an appeal from a judgment of the circuit court refusing to' issue a writ of mandamus.to compel the board of directors of the special school district of Little Rock to permit petitioner to enter and attend one of the schools of the district.
The petitioner, who brings this action by his father as his next friend, is a resident of the district, a boy over six years of age, and entitled to the privileges of the public schools of the district upon complying with the regulations of the board of directors of the district. Among the rules of the board was one that required that a pupil,…
2Cases cited7 opinions
- Jacobson v. MassachusettsSupreme Court of the United States · 1905
- Blue v. BeachIndiana Supreme Court · 1900
- Abeel v. ClarkCalifornia Supreme Court · 1890
- Matter of ViemeisterNew York Court of Appeals · 1904
- Kinzer v. Directors of Independent School DistrictSupreme Court of Iowa · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Allen v. IngallsSupreme Court of Arkansas · 1930
- Abney v. FoxCourt of Appeals of Texas · 1923
- People ex rel. Hill v. Board of EducationMichigan Supreme Court · 1923
- Rhea ex rel. Rhea v. Board of EducationNorth Dakota Supreme Court · 1919