Swenehart v. Strathman

Citations

• 12 S.D. 313
• 81 N.W. 505
• 1900 S.D. LEXIS 32

Syllabus

<p>The compulsory education act (Laws 1897, p. 188, Chap. 7) provides that where pupils reside at an unreasonable distance from the nearest school house, the “school board may make reasonable financial provision” for their transportation to some other school in the district; and that, when any °chool is discontinued by the board, it shall make arrangements for the transfer of pupils to some other school. Held, that since such act is for the benefit of the individual and public generally, the word “may,” as used therein, moans “must,” and hence mandamus will lie to compel a school board to maintain a school in a school house within a mile of plaintiff's residence, or provide transportation for his child to the only other school in the district, four miles distant.</p>