Wiley v. Board of County School Commissioners

Alvey, J., delivered the opinion of the Court. The complainants file their bill as citizens and tax-’ payers, and also as trustees of a district school in the City of Cumberland, against the Board of County School. Commissioners for Allegany County, praying an injunction to restrain the defendants from converting a public schoolhouse, which was, at the time of the filing of the hill, used for district primary school purposes, under the supervision of the complainants as trustees to the use and purposes of a high school. 1. In their capacity of tax-payers the complainants ask that the defendants he restrained, upon the ground that the latter are about proceeding to establish a high school in the City of Cumberland, when in fact there has been no presentation or donation by any election district or districts of a suitable building for the use and purposes of ⁴⁰³ such school, as contemplated by sub ch. 17, sec. 1, of the Act of 1872, ch. 377 ; and. that without such presentation of a suitable building for the purpose, the proposed act of the Board of County School Commissioners would be wholly without the warrant of law, and a gross mis-application of the public school fund under their control.

But it is manifest that this ground of the complainants’ application is based upon a misconception of what is the true construction of the sub-ch. 17, of the Act of 1872, ch. 377, Tit. “High Schools.” By the first section of this sub-chapter, it is made the duty of the Board of County School Commissioners, whenever any election district, or any contiguous election districts, shall present a building for a high school, in said district or districts, to the Board of County School Commissioners, to accept the same, if in their judgment there be a necessity therefor, “and thereafter provide for maintenance of a high school in said district or districts, and'the salaries of teachers out of the general School fund.” And by the second section of the same sub-chapter, it is provided, that if the high school be established by a district or districts, the Board of County School Commissioners shall appoint three persons, who shall constitute a board of high school commissioners, whose duty, &c.; “but high schools established by the County shall be under the direct control of the Board of County School Commissioners.” From these provisions of the statute it is plain, there are two classes of high schools contemplated by the law; one the district high school, and the other the county high school; and that the right and power to establish the latter is dependent upon no such conditions as the former. It is within the power and discretion of the Board of County School Commissioners to ■establish the county high school, whether the building therefor be donated or not; but their power to establish the district high school is made dependent upon the donation of the building by the election district or districts for ⁴⁰⁴ which, such high school shall be established. And the Board of County School Commissioners having the power to establish a county high school, irrespective of the donation of the school-house, the question, whether the discretion of the board has been, or will be judiciously exercised or not, in respect to such school, is a subject with which a Court of equity has nothing to do. If the proposed act in establishing the high school be within the scope of the authority delegated, as it clearly is, it is not competent' to a Court of equity to restrain the exercise of the discretion of the commissioners given by the statute, unless it be clearly shown that the power has been, or is about to be corruptly and fraudulently used.

It is true, a public corporation, such as the Board of County School Commissioners, incorporated for a great public purpose, and charged with the duty of applying and properly disbursing large amounts of public funds, for the accomplishment of particular objects, is requiréd to act strictly within the authority delegated, and to apply the funds at its disposal for the purposes expressed, and for none other whatever. And if there be an attempt to apply the funds to objects not embraced within the power granted, or to objects within the power, but in total disregard of essential conditions prescribed by the statute to make it lawful to appropriate the funds, a Court of equity will interfere to restrain such action. Frewin vs. Lewis, 4 M. & Cr., 249, 254; Atty. Gen. vs. Compton, 1 Y. & Col., C. C., 417; Att.

Gen. vs. Guardians of Poor of Southampton, 17 Sim., 6; Att. Gen. vs. Mayor of Wigan, Kay, 268, S. C., 5 D. M & G., 54. But so long as such body of public functionaries confine themselves within the limits of the power delegated, the Court will not interfere