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STATE BOARD OF EDUCATION v. FASOLD

445 P.2d 489 (1968)

STATE of Oregon, Acting by and through the State BOARD OF EDUCATION, Appellant, v. Jesse V. FASOLD, Superintendent of Public Instruction, Respondent.

Supreme Court of Oregon, In Banc.

Decided September 25, 1968.

Attorney(s) appearing for the Case

Gerard K. Drummond, Portland, argued the cause for appellant. With him on the briefs were Rives & Schwab and Herbert M. Schwab, Portland.

Peter S. Herman, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief was Robert Y. Thornton, Atty. Gen., Salem.

Before PERRY, C.J., and McALLISTER, SLOAN, O'CONNELL, GOODWIN, DENECKE and HOLMAN, JJ.

SLOAN, Justice.

The State Board of Education seeks declaratory determination of its power to adopt rules governing the common schools of the state. The Superintendent denies the board's authority and seeks a declaration that the Constitution of Oregon vests in him alone the full authority to administer the state common school system. The trial court held that Article VIII, § 1 of the Oregon Constitution vested the duty of supervision in the Superintendent of...

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