Oak Park School District No. 2 v. Callahan

{dissenting). I find myself unable to concur in the opinion in this case for the following reasons:

Sec. 1, art. X, of the constitution provides: “The supervision of public instruction shall be vested in a state superintendent and such other officers as the legislature shall direct; and their qualifications, powers, duties and compensation shall be prescribed by law. . . .”

Sec. 3, art..X, “The legislature shall provide by law for the establishment of district schools, which shall be as nearly uniform as practicable. . . .”

The formation of school districts is not a direct legislative function…