Singelmann v. Davis

Supreme Court of Louisiana

Decided December 15, 1960

Supreme Court of Louisiana · decided 1960-12-15

Cited by 16 later decisions — most recently February 1984

11 state decisions

Key passage — most relied on by later courts

““Under article 12 of the Constitution, section 1, free public schools are part of the educational system of the state. In section 10 of that article it is provided that ‘The Legislature shall provide for the creation and election of parish school boards which shall elect parish superintendents for their respective parishes.’ Pursuant to this mandate, the Legislature of 1922, by Act No. 100, § 17, created a parish school board for each of the parishes of the state and constituted them bodies corporate in law with full power and authority to make rules and regulations for their own government not inconsistent with the rules and regulations of the state board of education. These boards are public corporations and are created for the purpose of administering for the state the public school affairs of their respective parishes. Their functions are purely of a public character. In matters relating to the free public schools of their parishes, they are the governing authorities not only for the parish as a whole, but for each and all such school districts as may be created. They are state agencies, a part of the state government. * * * ” (Emphasis added.)”

quoted by 1 later decision, including 197 F. Supp. 649 - Hall v. St. Helena Parish School Board

Good law ✅— No negative treatment on recordhow we know

Decided 1960-12-15

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HAMITER, Justice

¶1(concurring).

¶2In this cause plaintiffs assail Act No. 2 of the Second Extraordinary Session of 1960, they having alleged as the sole ground for their attack that such statute violates Article XII, Section 10 of the Louisiana Constitution which reads in part: “The Legislature shall provide for the creation and election of parish school boards … The defendants, in their answer, denied the allegation. Consequently, we are called upon to discuss and determine herein only the question of whether the particular alleged violation has occurred.

¶3It is my opinion, that when the mentioned constitutional provision is considered in connection with Article V, Section .11 of *944the Louisiana Constitution, as must be done, a negative answer to the single posed question is required.

¶4Accordingly, I respectfully concur in the decree.