Opinion
No. 23965
Decided June 14, 1933.
Mandamus — Judicial discretion not substituted for that of administrative officer, when — Section 12283, General Code — Distribution of state equalization fund by director of education.
IN MANDAMUS.
This is an original action in mandamus brought by the plaintiffs as members of the board of education of Center township, Monroe county, rural school district, against the state director of education for the following relief: "That an alternative writ may issue out of this Court requiring the defendant herein to furnish said Board of Education with sufficient money from the 'State Educational Equalization Fund,' for the school year 1932-1933, to make the necessary repairs on said Neuhart School Building, approximately in the sum of $300.00, to make said building suitable for school purposes, and sufficient funds with which to employ and pay a teacher for conducting school at said Neuhart School No. 12, for the school year 1932-1933, in the sum of $800.00, and that defendant be required to furnish said Board of Education of Center Township Rural School District, Monroe County, Ohio, sufficient money out of said fund, to meet the balance of its expenses in the conducting of its other schools in said School District for the school year 1932-1933 in the sum of approximately $8,000.00, or that he be required to show cause why he should not do so, and that upon the final hearing, said alternative writ be made mandatory, and for all proper orders and relief."
To this petition the respondent filed an answer setting up three defenses. The relator then filed a motion for judgment on the pleadings.
Mr. Charles W. Lynch, prosecuting attorney, and Messrs. Moore, Moore Moore, for relators.
Mr. John W. Bricker, attorney general, and Mr. Chas. F. Ohl, for respondent.
A study of the pleadings, the briefs and the oral arguments of counsel plainly requires not only an overruling of the motion but also a denial of the peremptory writ and a dismissal of the petition.
It is conceded that the respondent is charged with the statutory (Section 7595, General Code) duty of distributing the state educational equalization fund. It is also undisputed that the relators are in need of financial assistance in the operation of their schools. However, it likewise appears that 848 other school districts in various sections of the state of Ohio have filed with the respondent their applications for participation in the fund, and that the total amount of money requested is greatly in excess of that available. Furthermore it appears that two allotments have already been made to the relators.
Under Section 12283, General Code, mandamus is a writ issued in the name of the state to an inferior tribunal, a corporation, board or person, commanding the performance of an act which the law specially enjoins as a duty resulting from an office, trust or station. No citation of authority is required to the effect that the writ may not be used for the purpose of simply substituting the discretion of a judicial tribunal for that of an administrative officer in the exercise of his authority.
To assume jurisdiction under the circumstances of the instant case it would be necessary for this court to undertake a determination of the various needs of each one of the 849 school districts, and to then make a division of available funds. To attempt such a course of action would require nothing less than that this court should serve as director of education — manifestly an impossibility.
Motion overruled and writ denied.
DAY, ALLEN, STEPHENSON, JONES and MATTHIAS, JJ., concur.
BEVIS, J., not participating.