Affirming.
Recently the Jefferson County Board of Education, having jurisdiction and control of common schools outside Louisville, and the fiscal court, entered into agreement by way of joint resolution creating the Jefferson County Board of Recreation. This was done in accordance with provisions of Ch. 97, KRS. The resolution provided for a Supervisor and Board of Recreation, with duties defined, all under the supervision of the court and Educational Board. Also that the Recreation Board was to submit to the two bodies a budget plan for each fiscal year, subject to approval by each of the two bodies in joint action, in time to allow the Board of Education to submit its budget to the fiscal court and other authorities. The provision subjected to criticism by appellant is that appropriating to the Recreation Board for purposes of recreation for children of school age residing in the county outside the city, the sum of $40,000, a like sum being afforded by the fiscal court.
It was proposed that sufficient sum for the purpose be set apart each year. However, the instant appropriation was for only the fiscal year 1944 — 45, and it is pleaded and not denied, that the Board had in its treasury more than $40,000 unappropriated, and the appropriation was well within the Board's unencumbered annual income for the fiscal year ending June 30, 1944, and its collectible revenues for the succeeding fiscal period. It was provided that supervisors and instructors employed by the Board should possess the same qualifications as those holding similar positions in the schools of the Commonwealth and under the supervision of the County Board.
Following the adoption, the Board filed declaratory proceeding (sec. 639a — 1, Civil Code of Practice) asking the court to determine whether or not in view of certain provisions of the Constitution the Board had authority to carry the resolution into effect, or whether the statute in question authorized it to enter into the program. Appellant, a resident taxpayer was by order permitted to defend for all taxpayers of the district. He demurred and without waiving answered by admitting all factual allegations, and plead that the resolution was invalid *Page 3 insofar as it undertook to transfer funds raised by taxation for school purposes, because in contravention of secs. 180, 184 and 186 of our Constitution. A reply denied the conclusions of law. Judgment was entered holding the resolution valid in all respects.
In brief no serious question is raised as to the matter of exceeding the debt limitations (sec. 157, Constitution), perhaps because of the facts admitted by pleading, that there is no creation of such or any debt coming within the inhibition of that section of the Constitution, since it is shown that the contribution comes from a surplus, is made for one year, leaving future years to circumstances and conditions then existing.
It is contended that the statute does not authorize the Board to join with the court in the erection or maintenance of a recreation center. The legislature, recognizing the establishment of playgrounds, parks and recreation centers as a proper municipal purpose, by various acts now embodied in Ch. 97, KRS, made provision therefor. Section
The greater part of the argument in both briefs is devoted to the old and oft discussed question as to what is to be embraced in the terms "education," "common schools," and "common school system." One of the older and frequently quoted cases arose in 1874, Collins v. Henderson, 11 Bush 74. That opinion, as years went by, has been considerably liberalized though it may be conceded that the principles announced and applied to the facts of the case are sound. As civilization has progressed, the ideas as to what constitutes, and the necessities for, education has followed a liberal trend. It took some time to pass from the custom, or duty placed on trustees to proclaim to parents that they might send their children to school, notwithstanding they themselves made no contribution toward paying expenses (Gen. Stat. 1873 "Schools," sec. 222) to compulsory education. It was also a far cry from the teaching of the three "R's" to manual training, teaching of the arts, physical culture, arrangement for moral training, the teaching of the evils attending the use of alcoholic liquor, free text books, transportation of pupils, insurance on school busses, teachers' pensions and higher standards. We are yet a long way from perfection. "The problem will never be absolutely solved, for that would imply an absolute best education irrespective of conditions, but the practical solution will be reached only when a true adjustment is made between the process of education and the life for which that education is intended to be a preparation," Encyc. Brit., "Education."
Whether the events now taking place on foreign soil will lead to compulsory military training in the common schools is now widely discussed. In 1930 the writer of McNair v. School Dist.,
In the McNair case the court upheld a (voted) bond issue of $90,000 for equipping and maintaining an outdoor gymnasium and athletic field. The discussion turned on the breadth of the words "System of public, free, common schools," found in the Montana Constitution (Sec. 1, Art. 11). In German Gymnastic Association v. City of Louisville, 1903,
"Education is not confined to the improvement and cultivation of the mind. It may consist in the cultivation of one's religious or moral sentiments. It likewise may consist in the development of one's physical faculties. * * * Their students are taught, not only the dead and modern languages, mathematics, and the sciences, etc., but the Bible and Christian evidences, and a gymnasium is maintained, and football and other athletic sports are encouraged. The cultivation of the mind, the improvement of our moral and religious natures, and the development of our physical faculties are necessary to a perfect education. The framers of our Constitution did not use the term in such a restricted sense as to exclude exercises which tend to develop strength. This is of as much importance * * * as the acquisition of a knowledge of Latin, Greek, mathematics, etc."
There is another phase which would tend to justify the operation of the enterprise. We may not characterize it as judicial knowledge, but we cannot let escape from notice, as is evidenced by a reading of daily newspapers *Page 6 and current magazines, that at this time, perhaps more so than ever before in our history, there is a necessity to pay more attention to delinquency of our youth; to curb a wave that seems to be alarming the best thought of foremost citizens of our cities and towns. In every instance the primary remedy is in supplying playgrounds and recreational centers, to be placed under the supervision of those capable of teaching morals, clean living, and the care and building of healthy bodies. This is educational.
We may point to a few cases in our own jurisdiction to observe the trend from the thought of those who in pioneer days doubted that the State should furnish any education; later nothing higher than such as could be garnered in the eight common school grades. The progress has been slow but sure. Reference may be made to Board of Education v. Board of Library Trustees,
Courts of other jurisdictions have universally given the broader meaning to the words "education" and "common schools," and in a number of cases have held recreation, especially where athletics was the principal feature, to come within the scope. Burlington ex rel. School Com'rs. v. Burlington,
Section 184 of the Constitution is a broad provision and leaves to the lawmaking body the determination of what is an efficient educational system, Prowse v. Board of Education of Christian County,
Judgment affirmed.