Kennedy v. Miller

Citations

• 97 Cal. 429
• 32 P. 558
• 1893 Cal. LEXIS 559

Syllabus

<p>Public School System — Constitutional Law. — The provisions of article IX. of the constitution making education and the management and control of the public schools a matter of state supervision, and d rooting the legislature to provide a “system of common schools,” require the adoption of one system, which shall be applicable to all the common schools.</p> <p>Id. — School District — Political Code — Charter of Municipal Corporation.— The legislative declaration, in section 1576 of the Political Code, that every incorporated city is a school district, though it makes each school district a public corporation, does not import into the organization any of the provisions of the city charter, or limit the powers and functions which; as a school district, it has by virtue of the Political Code.</p> <p>Id. — General Laws — Limitation of City Charter. — All city charters are limited by the operation of general laws.</p> <p>Id. — City Boards of Education. — The powers and duties of boards of education in cities are the same as those of boards of trustees in other school districts, and cannot trench upon the system that the legislature has provided for the entire state.</p> <p>Id. — City of San Diego — Public School Fund — County Treasury. ■— The city of San Diego is a corporation distinct from the corporation known as the school district of the city of San Diego, and the rights and obligations of the school district corporation are to be determined by the provisions of the Political Code, and not by those of the charter of the city of San Diego; and a provision of its charter, that all moneys belonging to the school fund of the city shall he deposited with the city treasurer does not supersede the requirements of the Political Code that all moneys pertaining to the public school fund shall be paid into the county treasury.</p>