State ex rel. School District No. 301 v. Preston

Citations

• 84 Wash. 79
• 146 P. 175

Syllabus

<p>Schools and School Districts — State School Funds — Apportionment — State Superintendent — Supervisory Powers — Statutory Provisions. Under 3 Rem. & Bal. Code, § 4562, providing that the superintendent of public instruction shall apportion to the several counties such current school funds as have been certified by the state auditor to be on hand, and 2 Id., § 4563, providing that, for the purpose of such apportionment, the state superintendent shall base his calculations upon the days’ attendance as shown by the several county superintendents’ last annual reports filed in his office, the state superintendent has discretionary power to refuse to apportion funds for attendance during a period of five days, shown by a county superintendent’s report to extend over a portion of the summer vacation during which it was contrary to law to hold school, in view of the very wide supervisory powers given the state superintendent by 2 Id., §§ 4303 and 4307.</p> <p>Mandamus — Nature—Purposes. Since mandamus is a discretionary writ, it must be sought with clean hands, and will not issue to accomplish an illegal purpose, viz: to obtain an apportionment of school funds on account of five days’ attendance of school held during the prescribed vacation period, in violation of Rem. & Bal. Code, § 4509.</p> <p>Morris, C. J., and Chadwick, J., dissent.</p>