Hand v. School District No. 1

Citations

• 118 Wash. 439
• 203 P. 940
• 1922 Wash. LEXIS 656

Syllabus

<p>Schools and School Districts (21, 25) — Powers of District Board — Text Books — Vote of Electors — Statutes — Construction. Under Rem. Code, § 4509, subd. 10, it is mandatory upon school boards in districts of the first class to furnish free text books to the pupils, when so ordered by vote of the electors of the district.</p> <p>Same (25, 30) — Text Books — Power to Incur Indebtedness— Statutes — Construction. A construction of a statute requiring free text books and supplies to be furnished pupils, on vote of the electors, as mandatory would not authorize the incurrence of debt beyond the constitutional limit, since the electoral authorization must be construed as in effect only so long as it may lawfully be carried out.</p> <p>Same (25, 30). Injunction will lie to prevent a school board from selling such school books as it has on hand which are suitable for use in the schools, where free school books have been authorized by popular vote.</p> <p>Costs (3) — Discretion of Court. The matter of costs being entirely within the discretion of the trial court where the judgment was not wholly in favor of one party, a denial of costs to either party cannot be assigned as error.</p>