DocketNumber: Appeal, No. 308
Citation Numbers: 241 Pa. 224, 88 A. 481, 1913 Pa. LEXIS 765
Judges: Brown, Fell, Mestrezat, Moschzisker, Stewart
Filed Date: 5/22/1913
Status: Precedential
Modified Date: 11/13/2024
Opinion by
This proceeding was tried by a judge without a jury under the Act of April 22, 1874, P. L. 109, and resulted in the issuance of a mandamus to compel the admission of William Alexander, a boy of 13 years of age, to a certain public school in the City of Altoona; the school district has appealed.
Section 401 of the Act of May 18, 1911, P. L. 309 (School Code) provides: “That the board of directors in every school district......shall establish......a sufficient number of elementary public schools......; and may establish......and maintain the following additional schools or departments for the education and recreation of persons residing in said districts, which said additional schools or departments, when established, shall be an integral part of the public school system in such school district, and shall be administered, namely:.......manual training schools......together with such other schools or additional departments as they, in their wisdom, may see proper to establish: Provided, That no pupil shall be refused admission to the courses in these additional schools or departments, by reason of the fact that his elementary or academic education is being or has been received in a school other than a public school.”
It appears that William Alexander is a pupil in a private school; so the principal question involved in this appeal is, did the court below commit error in finding as a fact that “the said school district has established and maintains an additional school or department known as the manual training school......under the
But the appellant contends, that even though the school in question be considered “an additional school or department” within the meaning of Section 401, this part of the code is unconstitutional for two reasons, first, the title to the act fails to give proper notice of the requirements of the section; second, under the terms of Section 401 the act would practically give to private and sectarian schools the use of moneys raised for the public schools, contrary to Article IX, Section 7, and Article X, Section 2, of the Constitution. There is no merit whatever in the first of these points, and it was not strongly urged; as to the second, the parts of the Constitution relied on have been before this court on several occasions and our uniform interpretation of their meaning excludes any such construction or application as that contended for by the appellant: See Wheeler v. Philadelphia, 77 Pa. 338, 355; Wilkes-Barre City Hospital v. Luzerne County, 84 Pa. 55; Com. v. Pittsburgh, 183 Pa. 202; Bode v. Philadelphia, 230 Pa. 434, 449.
We feel that Section 401 is constitutional and we agree with the court below that it was “the manifest purpose of the legislature” thereby “to authorize the board of school directors in every school district in this Commonwealth to establish and maintain, as integral parts of the public school system in such school district, not as an inseparable part of the prescribed elementary course of education, but as additional departments of the public schools, a number of schools, educational features and places for the improvement,......
The appellant complains that the court below did not answer specifically his requests for findings. There is no requirement in the Act of 1874 “that the court shall specficially answer upon the record all the requests for findings of fact submitted by counsel......” (Com. v. Monongahela Bridge Co., 216 Pa. 108); but, of course, the court’s findings must cover all facts stated in the requests which are material to a proper determination of the issues involved; and the findings in the present case meet this requirement.
The assignments of error are all overruled and the judgment is affirmed.