Com. v. School District

Citations

• 241 Pa. 224
• 88 A. 481
• 1913 Pa. LEXIS 765

Syllabus

<p>School law — Act of May 18,1911, P. L. 809 — Additional manual training school — Bight to attend — Student in private school— Mandamus — Findings of fact — Constitutional law.</p> <p>1. Under the School Code of May 18, 1911, P. L. 309, a student in a private school has the right to attend an additional school or department established by a board of directors in a school district, provided he has the other qualifications of a student in the public schools in the district, and mandamus will lie to enforce his right. Where such a student makes an application for admission to a manual training school, which is alleged to be maintained as an additional school or department, within the meaning of the school code, and it is a question whether said school is maintained as an additional school or department, a finding of fact by the court below, based upon competent evidence that the school is an additional school within the meaning of the act, will not be disturbed on appeal. The fact that no separate manual training school had ever been formally established by the school board is not conclusive against the existence of such additional school.</p> <p>2. Section 401 of the School Code, relating to the attendance of pupils in additional schools or departments, is constitutional; the title sufficiently expresses the subject matter, and it does not violate Article IX, Section 7, of the Constitution, or Article X, Section 2, forbidding the use of money raised for public schools, for private or sectarian schools.</p> <p>Practice — Trial by court without jury — Requests for findings.</p> <p>3. Where a court has tried a mandamus case without a jury, under the Act of April 22, 1874, P. L. 109, it should find all facts which are material to a proper determination of the issues involved, but is not obliged to specifically answer all requests for findings submitted by counsel.</p> <p>Mr. Justice Mestrezat dissents.</p>