State ex rel. Ginn v. Wilson
Wisconsin Supreme Court
Appeal from an order of the circuit court for Eond du Lac county: Michael KiewaN, Circuit Judge. This case presents a continuation of the controversy, one •aspect of which was considered in Madden v. Kinney> 116 Wis. 561, 93 N. W. 535, where many of the material facts are stated, as also the charter provisions'for power of the board of education.
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Appeal from an order of the circuit court for Eond du Lac county: Michael KiewaN, Circuit Judge. This case presents a continuation of the controversy, one •aspect of which was considered in Madden v. Kinney> 116 Wis. 561, 93 N. W. 535, where many of the material facts are stated, as also the charter provisions'for power of the board of education. In addition to’ the facts there,, stated, it •appeared that on April 19, 1902, the board of education duly passed a resolution reciting the adoption of certain text-books by the resolution of July 30, 1901, and declaring such reso^ lution to be…
1Opinion of the Court
Dodge, . J.
The charter of Eond du Lac imposed on the board of education the duty to “establish the text-boots to be-used” in the schools. Thus was conferred a function distinctively legislative to act upon a question of policy of grave importance to the welfare of the community. The duty to-exercise such function is persistent and continuous. At every moment of time it is the right of the public, and reciprocally the duty of the board, that they see to it that such text-books are established for use as that board, in reasonable exercise - of judgment, believes to be for the general welfare.…
2Cases cited9 opinions
- New Orleans Water Works Co. v. New OrleansSupreme Court of the United States · 1896
- Freeport Water Co. v. Freeport CitySupreme Court of the United States · 1901
- Goszler v. Corporation of GeorgetownSupreme Court of the United States · 1821
- State ex rel. Rose v. Superior Court of Milwaukee CountyWisconsin Supreme Court · 1900
- Gale v. Village of KalamazooMichigan Supreme Court · 1871
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3Cited by3 opinions
- State ex rel. Wagner v. DahlWisconsin Supreme Court · 1909
- State ex rel. City of Milwaukee v. Milwaukee Electric Railway & Light Co.Wisconsin Supreme Court · 1914
- State ex rel. Rudolph v. HutchinsonWisconsin Supreme Court · 1908