School. Chilmark. Mandamus. At the hearing of a petition for a writ of mandamus commanding the town of Chilmark to provide a sufficient number of schoolhouses, properly furnished and conveniently located, for the accommodation of the petitioner's children, it appeared that at the time of the filing of the petition the petitioner lived with five children on the island of Noman's Land, a part of the respondent town, that there was no schoolhouse on Noman's Land, that the ages of the children were twenty-four, nineteen, seventeen, twelve and four years, that there were no other children on the island who would attend school, that the island was four miles distant from the island of Martha's Vineyard, where the main part of the respondent town was located and where it maintained a sufficient number of schools properly furnished and conveniently located. For some time previous to the filing of the petition, an arrangement had existed between the petitioner and the school committee, whereby the board and lodging of the petitioner's children of school age on the island of Martha's Vineyard and their transportation to and from there were paid by the town, but, upon the town refusing to pay such expense as to one of the children who became over fourteen years of age, the arrangement was abrogated by the petitioner, who thereupon filed this petition, contending that a school should be maintained on the island of Noman's Land. Held, that the contention could not be sustained and that the petition should be dismissed.
SHELDON, J.
The petitioner asks for a writ of mandamus ordering the town of Chilmark to provide a sufficient number of schoolhouses for the accommodation of his children, and ordering the school committee of that town to provide a suitable place for the schooling of his children, together with fuel and all other things necessary for the comfort of the pupils therein. The petitioner lives with his family on the island of Noman's Land, which is a part of the town of Chilmark, lying about four miles from the island of Martha's Vineyard, upon which the main part of that town is situated. The town maintains no school upon Noman's Land, but has upon the main island a sufficient number of schools properly furnished and conveniently located. The petitioner's contention is that a school should be established on Noman's Land. His family is the only one residing permanently on that island, and his children are the only ones who would attend a school there. He has five children, aged respectively twenty-four, nineteen, seventeen, twelve and four years. He owns the greater part of Noman's Land, and is assessed and pays taxes on property worth about $7,000. He has always resided in Chilmark, and since 1894 on Noman's Land with his family.
Upon these facts, the petitioner's contention cannot be sustained. He has chosen to establish himself and his family upon a small island; only two of his children are under fourteen years of age; and one of these has not yet reached the age at which school attendance is required. He cannot expect the town to furnish and maintain a school for his sole benefit. Newcomb v. Rockport, 183 Mass. 74.
The situation of the petitioner and his children is doubtless an unfortunate one. The statute requires him to cause at least one of them to attend school. R.L.c. 44, § 1. He pays taxes to the town to a considerable amount. There are no regular means of communication between the island upon which he has fixed his residence and the main island upon which the public schools of the town are situated; and such communication is often difficult and sometimes impossible. Doubtless the peculiar circumstances here existing might appeal to the discretion of the town or of the school committee, and lead them to make such arrangements as might be found to be reasonably practicable, with perhaps some sacrifice also on the part of the petitioner himself, to facilitate the attendance of his children upon the public schools. R.L.c. 25, § 15. Newcomb v. Rockport, ubi supra. It may be a matter of regret that the parties have not been able either to continue the arrangement which existed prior to January, 1904, or to make such new arrangement as was then suggested by the school committee. But we can pass only upon the question of law raised by the report.
Petition dismissed.