clean out. Clean-out extension shall extend at least 1 foot above the grade line.

SEC. 7. [Floors.] Floors of outhouses shall be made as tight as possible.

SEC. 8. [Outhouses for different sexes.] Where outhouses are provided for the different sexes, if located within 40 feet of each other, the walks or approaches thereto shall be separated by a tight fence at least 6 feet high, but in no case shall such outhouses be located within 10 feet of each other.

III. THE SOCIAL USEFULNESS OF THE SCHOOL PLANT

The isolation of the school from the larger life of the community is nowhere better illustrated than in the case of the limited utilization of the school building for other than customary school purposes. In considerable measure this isolation has been a necessary condition for the protection and conservation of the school as property. During the pioneer period in all of the American states the school was, by a prevailing common consent, the natural center for those various group gatherings characteristic of the gregarious habit of all mankind. The passing of the early religious, racial, political and economic homogeneity, the rise of a decentralized form of government for the public school, and the constant urban flow of population have all contributed their share of influence for the legal establishment and the civic acceptance of the doctrine of the insulation of the schoolhouse from social contact.

The general legal principles governing the use of the school building may be briefly stated thus: In the absence of definite statute the authorities having control and possession of school property may authorize its use only for school purposes, or for such incidental uses as are not inconsistent with its use for school purposes. Various interpretations of what uses are or are not inconsistent with legitimate school purposes have been given by the courts of the different states.1 One decision

1 A good interpretative summary of the important court decisions on this question has been given by TRUSLER, H. R.: Legal and Illegal Uses of School Buildings, American School Board Journal, Vol. 47, pp. 9-10 (November, 1913). See also BUSH, J. H.: Use of School Buildings for Other than School Purposes, Case and Comment, Vol. 20, pp. 255–258 (September, 1913).

is given here as typical of these judicial interpretations. In it Judge Brewer, later a member of the United States Supreme Court, formulated the general accepted rule regarding the character of the legitimate use of the schoolhouse.

[SPENCER V. JOINT SCHOOL-DIST. No. 6, etc., 15 Kan. Reports 202-205 (July Term, 1875).]

Injunction brought by Spencer, as plaintiff, against joint schooldistrict No. 6 of Nemaha and Brown counties, as defendant, to restrain the use of the district school-house for other than school purposes.

BREWER, J. This was an action brought to restrain the defendant from leasing its school-building for other than school purposes. Two questions are raised: First, does the plaintiff show such a peculiar and personal interest as will enable him to maintain the action? and, second, do the facts alleged disclose grounds for the relief sought?

The plaintiff alleges that "he is a resident of the school-district and tax-payer therein, and, as such tax-payer, has contributed his proportion of taxes for the building of the said school-house; that his children attend school therein; and that, by the improper uses of the building complained of, the books of his children are torn, soiled, carried away, lost, and misplaced, their copy-books written on, or thrown to the floor, their slates and pens broken, their ink stands upset, and their paper wasted and destroyed." We think this shows such an interest as entitles him to a hearing upon the question of the alleged misuser of the school-house. When he pays his taxes, he passes over so much money into the public fund, and the disposition of it is a public duty intrusted to certain public agents; and the fact that he has contributed by the payment of taxes to the creation of this public fund does not give him a right to challenge the manner of its use. Craft . Jackson Co., 5 Kan. 518. He is but one of many contributors to the same fund. He has no personal interest in it. But here he shows that his own private property suffers from the alleged wrongdoings. The school books, etc., which he purchases for his children's use are his individual property. They belong in no sense to the public; and, though they may be but a few dollars in value, he is entitled to have those few dollars protected as fully as though thousands of dollars were in danger.

As misuser, he alleges that the "school-house is, by the order of the directors, leased and let to divers societies, meetings, and gatherings," and that thereby large assemblages of persons, both

children and adults, gather there, crowding the seats and desks; that these assemblages consume the fuel purchased with the public funds, tear the desks from their fastenings, and cut, scratch, and deface them; that some of these meetings are in the nighttime, and that, at such meetings, kerosene or coal-oil is used, which is in violation of the terms of the insurance policy on the building, the premium of which has been paid out of the public funds; and that to accommodate one of these societies the building has been altered by erecting platforms, rostrums, closets, boxes, etc. In short, he alleges that this building, erected by public funds for the purpose of a school-house, is, by the order of the directors, used for a variety of purposes and gatherings wholly alien to schools and educational matters. It does not appear that this is done against the wishes or without the consent of a majority of the tax-payers and electors of the district, nor that the building is leased without receiving adequate rent. Indeed, the question as it comes before us may fairly be thus stated: May the majority of the tax-payers and electors in the school-district, for other than school purposes, use or permit the use of the school-house built with funds raised by taxation? The question is one which in view of the times, and the attacks made in so many places, and from so many directions, upon our public-school system, justifies, as it has received at our hands, most serious consideration. We are fully aware of the fact that all over the state the school-house is, by general consent, or at least without active opposition, used for a variety of purposes other than the holding of public schools. Sabbath schools of separate religious denominations, church assemblies, sometimes political meetings, social gatherings, etc., are held there. Now, none of these can be strictly considered among the purposes for which a public building can be erected, or taxation employed. But it often happens, particularly in our newer settlements, that there is no other public building than the school-house, no place so convenient as that. The use for these purposes works little damage. It is used by the inhabitants of the district whose money has built it, and used for their profit or pleasure. Shall it be said that this is illegal? Doubtless, if all in the district are content, no question will ever be raised; and, on the other hand, if a majority object, the use for such purposes will cease. It is only when the majority favor, and a minority object, that the courts are appealed to. That minority may be but a single individual,

may be influenced by spite or revenge, or any other unworthy motive; but, whatever the motives which prompt the litigation, the decision must be in harmony with the absolute right of all. It seems to us that upon well-settled principles the question must

be answered in the negative. The public school-house cannot be used for any private purpose. The argument is a short one. Taxation is invoked to raise funds to erect the building; but taxation is illegitimate to provide for any private purpose. Taxation will not lie to raise funds to build a place for a religious society, a political society, or a social club. What cannot be done directly cannot be done indirectly. As you may not levy taxes to build a church, no more may you levy taxes to build a school-house and then lease it for a church. Nor is it an answer to say that its use for school purposes is not interfered with, and that the use for the other purposes works little, perhaps no immediately perceptible, injury to the building, and results in the receipt of immediate pecuniary benefit. The extent of the injury or benefit is something into which courts will not inquire. The character of the use is the only legitimate question. A municipal bond of five cents in aid of a purely private purpose is as void as one of a thousand dollars; and that, too, though the actual benefit to the municipality far exceeds the amount of the bond. The use of a public school-house for a single religious or political gathering is legally as unauthorized as its constant use therefor. True, a court of equity would not interfere by injunction after a single use, and where there was no likelihood of a repetition of the wrong, for it is only apprehended wrongs that equity will enjoin. Here the unauthorized use is charged as a frequent fact, and one likely to occur hereafter. It is unnecessary to pursue this discussion further, for it would be simply traveling over a road already well worn and dusty. Besides the authorities with which every lawyer is familiar, upon the power to use public funds or property for private purposes, we refer to the following as bearing upon the special phase of the question before us: Scofield v. Eighth School-dist., 27 Conn. 499, Schooldistrict No. 8 v. Arnold, 21 Wis. 657.

The judgment of the district court will be reversed, and the case remanded for further proceedings in accordance with the views herein expressed.

(All the justices concurring.)

IV. WIDER USE OF SCHOOL BUILDINGS

The statute of Wisconsin (1913) concerning the wider use of school buildings is indicative of the modern progressive tendency to break down the walls of isolation built up from custom, petty local government and technical legal rulings.

[Wisconsin Laws, 1913, Chapter 123.]

Where the citizens of any community are organized into a nonpartisan, nonsectarian, nonexclusive association for the presentation and discussion of public questions or for the promotion of public health by giving instruction in any topic relating thereto or in physical culture and hygiene or by the practicing of physical exercises and the presentation and discussion of topics relating thereto, the school board or other body having charge of the schoolhouses or other public properties which are capable of being used as meeting places for such organization, when not being used for their prime purpose, shall provide, free of charge, light, heat and janitor service, where necessary, and shall make such other provisions as may be necessary for the free and convenient use of such building or grounds, by such organization for weekly, biweekly or monthly gatherings at such times as the citizens' organization shall request or designate. All such gatherings shall be free to the public.