Board of Education v. Board of County Commissioners

The opinion of the court was delivered by

Graves, J.:

The board of education in the city of Iola made application to the district court of Allen county to compel the board of county commissioners to levy a tax of five-tenths of a mill upon the taxable property in that county for the maintenance of high *783schools established under what is known as the “Barnes law.” An alternative writ was allowed, to which an answer was filed, and upon a trial a peremptory writ was refused and the board of education appeals.

There are seven high schools established in that county; one at each of the following…