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158 W. Va. 87

208 S.E.2d 436

Vandevender v. Cassell

West Virginia Supreme Court

Decided October 1, 1974

West Virginia Supreme Court · decided 1974-10-01

Key passage — most relied on by later courts

““The legislature shall provide by general law, for a thorough and efficient system of free schools.” Constitution, Article XII, Section 1.”

quoted by 2 later decisions, including 162 W. Va. 672 - Pauley v. Kelly, Cardiff v. Bismarck Public School District

““It is clear to me [us], however, that where state constitutions contain language providing for free schools, such as Article XII, Section 1 of the West Virginia Constitution, that this means free schools for students of all economic classes.””

quoted by 1 later decision, including Cardiff v. Bismarck Public School District

Relies on 153 W. Va. 714 - Crockett v. Andrews · Bond v. Ann Arbor School District · Granger v. Cascade County School District No. 1

Good law ✅— No negative treatment on recordhow we know

Decided 1974-10-01

How this case has been cited

Cited by 9 later decisions — most recently December 1995

9 state decisions

50197419801990decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Sprouse, Justice,

¶1concurring:

¶2I concur with the decision as expressed in the majority opinion. I differ, however, with that part of the decision which limits the distribution of free textbooks, workbooks, and other necessary materials to needy students. Article XII, Section 1, of the West Virignia Constitution provides: “The legislature shall provide, by general law, for a thorough and efficient system of free schools.” I cannot interpret “free” as pertaining only to indigent pupils. The first rule in ascertaining the meaning of words in a constitution is to give effect to plain meaning of such words. State ex rel. Browning v. Blankenship, 154 W. Va. 253, 175 S.E.2d 172. Where meaning of a word used in a constitution is plain, it is not necessary to resort to extrinsic evidence to determine its meaning. Foster v. Cooper, W. Va., 186 S.E.2d 837*94(1972). See also, Crockett v. Andrews, 153 W. Va. 714, 172 S.E.2d 384 (1970).

¶3The record in the instant case disclosed that the Pendleton County school system was in effect supplying free school material to all students. For this reason, I concur in denying the writ of mandamus. It is clear to me, however, that where state constitutions contain language providing for free schools, such as Article XII, Section 1, of the West Virginia Constitution, that this means free schools for students of all economic classes. Paulson v. Minidoka County School District, 93 Idaho 469, 463 P.2d 935; Bond v. Public Schools of Ann Arbor School District, 383 Mich. 693, 178 N.W.2d 484; Granger v. Cascade County School District, 159 Mont. 516, 499 P.2d 780.

I am authorized to state that Justice Haden joins in this concurring opinion.
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