
    APPROPRIATION FOR. HIGH SCHOOLS BY TOWNSHIP BOARDS.
    Circuit Court of Hamilton County.
    State, ex rel North Bond Village School District, v. Mt. Nebo Special School District et al.
    
    Decided, February 5, 1907.
    
      Schools — Township Board May he Compelled to Make Appropriation for High School — Limit of School Levy.
    
    1. A township board of education may, under Section 4009-15, Revised Statutes, which provides for the establishment and maintenance of joint township high schools, be compelled to appropriate its proportionate share of expense of the maintenance of such school from the tuition or contingent fund provided for by such section; but it can not be compelled to make the appropriation from a levy made for a subsequent year.
    2. The levy, under Section 3959, Revised Statutes, for all school purposes, is limited to twelve mills, and if the estimate and certificate of the board of education is insufficient the remedy is by application to the county commissioners under Section 3969.
    
      
      Louis A. Ireton, W. R. Collins, W. M. Schoenle and G. T. Poor, for plaintiff.
    
      H. J. Buntin, contra.
    Gifeen, J.; Swing, J., and Jelke, J., concur.
    
      
       Affirmed by the Supreme Court without opinion, State, ex rel, v. Mt. Nebo Special School District, 76 Ohio State, 637.
    
   We find no constitutional or other infirmity in Section 4009-15, Revised Statutes, which provides that:

“The funds for the maintenance and support of such high school be provided by appropriation from the tuition or contingent funds; or both, of each district, in propertion to the total valuation of property in the respective districts, the same to be placed in a separate fund in the treasury of the board of education having control of the school * * * but only for the purposes of maintaining said school.”

Hence it was the duty of the board of education of the defendant school district, if it had sufficient' funds in the treasury during the year ending September, 1906, to appropriate from the tuition or contingent funds, or both, its proportionate share for the maintenance of such school; but it can not be compelled to appropriate the same from funds derived from the levy made for subsequent year, unless it can be done without impairing the general school fund or the efficiency of the common schools.

The levy for all school purposes is limited by Section 3959, Revised Statutes, to twelve mills on the dollar of valuation of taxable property of district, and if the board of education failed to estimate and certify a sufficient amount within the limit, the remedy was an application to the county commissioners under Section 3969, Revised Statutes.

Upon the facts in this case, we think the relator not entitled to a writ of mandamus, and the petition will'be dismissed.  