SUPREME COURT DECISIONS RELATING TO SCHOOLS AND SCHOOL DISTRICTS

Act No. 302, Public Acts of 1915, laying a privilege tax on automobiles operated on public highways, and exempting them from all other taxes, does not violate Art. 10, Sec. 1, Constitution, requiring that all subjects of taxation contributing to school funds shall continue to do

So.

JASNOWSKI v. DILWORTH, 157 N. W. 891.

The board of education of the city of Grand Rapids, organized under Local Act No. 593, 1905, and amendments thereto, is an instrumentality of the state for educational purposes only, although vested with power to acquire and hold title to property, sue and be sued.

Such school board is not liable for injuries to pupils resulting from faulty construction of a school building and failure to correct the fault, although it may have used the building or permitted it to be used for public gatherings with or without rent.

Nor are the individual members of such school board liable for such injuries.

DANIELS v. BOARD OF EDUCATION, 158 N. W. 23.

The schoolrooms of a city governed by special charter (Cadillac) are not to be counted in determining the commissioner's salary under Act No. 148, P. A. 1905 or Act No. 247, P. A. 1909.

FAUNCE v. WEXFORD COUNTY, 158 N. W. 866.

The state's general policy has been to retain control of its school system and administer it through local state agencies independently of the local governments with which, however, such agencies are closely associated.

The legislature may redistribute the powers of boards of education and local governments over the conduct of public schools.

Boards of education are governed by the general school laws except as plainly affected by some special enactment, under Compl. Laws 1897, Sec. 4774, making the general school laws applicable unless inconsistent with some special act.

City electors cannot dissolve or alter the powers of their board of education by adopting a new charter under Home Rule Law (Pub. Act No. 279, 1909), Sec. 4, which specifically excepts public school departments from alteration thereunder.

Home Rule Law (Sec. 3), allowing cities to reduce the number of wards to one when adopting a new charter, presumably contemplated that the number of members of the board of education might change accordingly.

Under Sec. 5, Act No. 31, P. A. 1909, declaring that school districts are presumably legally organized after two years' exercise of a district's franchises, etc., school board members, selected in accordance with

both the city's old and new charters, and acting for over five years, constitute a de jure school board.

Act No. 150, P. A. 1915, empowering school districts with a certain population to borrow money and repealing inconsistent acts, repeals the old Port Huron charter, authorizing the city to bond for school purposes. Such act is not unconstitutional because based upon a classification of school districts according to population.

MacQUEEN v. CITY COMMISSION OF CITY OF PORT
HURON, 160 N. W. 627.

Act No. 174, P. A. 1915, the teachers' pension law, is not unconstitu tional.

FELLOWS v. CONNOLLY, 160 N. W. 581.

Under General Tax Law, Sec. 46, providing that in cities where some special provision is made for a demand and collection of taxes the collector shall comply with such special provision, otherwise be bound by the provisions of that act, a new city charter which repealed the old charter except the provisions relating to schools, which it expressly kept in force, is not invalid as failing to provide for levy, collection, and return of school taxes in conformity with the general laws of the state.

KOPCZYNSKI v. SCHRIBER, 161 N. W. 238.

Where plaintiffs agreed to and did manufacture interior finish in conformity with the plans and specifications of the architect, which finish was furnished to defendant contractor, they were "subcontractors." Under Act No. 187, P. A. 1905, Sec. 2, providing that in the case of a subcontractor he shall give notice in writing, before payment is made for the work or materials furnished by him, to the school board that he is a subcontractor and that he relies upon the security of the bond given by the principal contractor, and the subcontractor shall also notify the principal contractor that he has given such notice and shall be entitled, subject to the rights of the persons with whom he has contracted for labor and materials, to the benefit of the security given by the principal contractor, a notice advising the board of education that the plaintiffs had furnished, to a contractor for school building, certain material, part of which was unpaid for, and that they would appreciate advices on the standing of the contractor, sufficiently complied with the requirement of notice of the work, and, where the board of education was taking over the contract, the requirement that the subcontractor shall notify them that he relies on the security of the bond and shall then notify the principal contractor of the notice need not be fulfilled.

PEOPLE v. CONNELL, 161 N. W. 844.

Annexation of territory to the city of Detroit under the Home Rule Act can have no effect on the school districts or school bonds which can be affected only by the township boards and the Detroit Board of Education.

COLLINS v. CITY OF DETROIT, 161 N. W. 905.

Annexation to city of Grand Rapids, under Home Rule Act of territory within boundaries of school corporations organized under general school law, does not work annexation of such territory to school district of city, as boundaries of school districts can be changed only in pursuance of Public Acts 1909, No. 86. Resident of such annexed portion of city is not entitled to send his children to school in city school district without payment of tuition.

BOARD OF EDUCATION v. BACON, 162 N. W. 416.

EFFICIENCY OF SCHOOL OFFICERS

It is proper to speak here of the increasing efficiency of the school officers of the state. Michigan has over 7,000 school districts and more than 21,000 school officers. There is perhaps no body of public officers that assumes so many important responsibilities and discharges them so well, and with practically no compensation. The Superintendent of Public Instruction is in a position to know how every school officer discharges the duties of his office, for every school district must report to the Department of Public Instruction. While it is inevitable that instances of error and inefficiency appear now and then, such instances are so rare as to be almost negligible. The general spirit and attitude of school officers are most commendable. They cooperate with the Superintendent of Public Instruction in all things.

The most important factor in bringing about this condition of efficiency and cooperation is the school officers' institute. A representative of the Department of Public Instruction meets the school officers of each county every year. Each school district is authorized by law to send a representative to this institute and pay his expenses and per diem. At these meetings officers are given instruction in the school law of the state and how to perform their duties under it. Also, especial attention is given to the rural school building and its proper equipment. There is in progress a very wide and consistent movement for the improvement of rural school buildings. This comes very directly from the school officers' institutes. School officers return from the institute to the home districts with inspiration and ideas which they convey to the patrons. The result is very often a new building or the improvement of an old

one.

In this connection it should be noted also that school boards are becoming more and more discriminating in the hiring of teachers for their schools. Fortunately it is possible for school officers to obtain trained teachers for the rural schools. Fifty counties in Michigan now maintain county normal training classes, and the graduates of these classes are in urgent demand. It is not the rule any more that school boards try to get a teacher as cheap as they can. It is now becoming the rule that they try to get a teacher as good as they can.

The legislature of 1917 enacted several laws which directly and indirectly concern the educational system of Michigan. All of this legislation is of a constructive nature and will help to perfect the operation of our educational system. Two of the laws enacted are of such importance that they deserve especial mention here.

Act No. 189 accepts the requirements and benefits of the SmithHughes law, passed by the last Congress and approved February 23, 1917. This law provides Federal aid for the teaching of agriculture, home economics and the trades and for the training of teachers for such branches. It requires that any state which wishes to avail itself of the benefits of this act must create or designate a board which shall administer the law within the state. In creating such a board the last legislature provided that it is to be composed of the Superintendent of Public Instruction, the president of the State Board of Education, the president of the University of Michigan and the president of the Michigan Agricultural College. The rules and regulations which shall govern the administration of the law in Michigan will be formulated by this State Board of Control, subject to the approval of the Federal board which has the administration of the Smith-Hughes law .in charge. The Smith-Hughes act appropriates money for three purposes:

(a) For Salaries of Agricultural Teachers. The sum allotted to each state will be in the proportion which its rural population bears to the total rural population of the United States. In the case of Michigan

this is 3.01 percent.

(b) For the Salaries of Teachers of Home Economics, Trade and Industrial Teachers. The sum allotted to each state will be in the proportion which its urban population bears to the total urban population of the United States. In the case of Michigan this is 3.11 percent.

(c) For the Training of Teachers for Vocational Work. The sum allotted to each state will be in the proportion which its total population bears to the total population of the United States. In the case of Michigan this is 3.05 percent.

Funds for the purposes above stated may be obtained from the Federal Government by act of the state legislature. Such act of the legislature must provide for a "Board of Control for Industrial Education." Such act must also provide that the state, the local community, or both, will appropriate a sum equal to the amount to be received from the Federal Government.

The data that follows indicates how the provisions of the "SmithHughes Act" will apply in Michigan for the first ten years and annually thereafter.