1919.] Opinion, per CHASE, J. [225 N. Y.] the east between Center island and a part of the main land known as Cove neck. The opening is about half a mile wide. That part of the town of Oyster Bay surrounding Oyster Bay harbor in 1916 was divided into school districts. Union free school district No. 9 included the territory south and west of the harbor. School district No. 10 included Cove neck and is east of the harbor. School district No. 6 lies northwest of the harbor and extends west along the northerly shore of Long island. School district No. 7 consists, of Center island and extends north from the opening of the harbor and is east of a part of the harbor itself. It also extends southwesterly into and through the harbor until it comes within about one-half mile or perhaps a little more of Oyster Bay village in union free school district No. 9. The shore lines of the harbor along districts Nos. 7 and 9 are separated by the waters of the harbor which are from one-half mile to a mile or a little more in width. There is no land connection between district No. 7 and district No. 9 except over a narrow causeway at the northwesterly corner of the island leading to school district No. 6 along the southerly shore of Long Island sound and from which a highway leads to and through district No. 9. Under the Consolidated School Law of 1864 (Laws of 1864, chapter 555, title 6, section 1) it was the duty of each school commissioner to divide so far as practicable the territory within his district into a convenient number of school districts and by section 120 of the Education Law all school districts organized either by special laws or under the provisions of a general law are continued and may be altered or dissolved as therein provided. The Education Law plainly contemplates jurisdiction for educational purposes as therein provided over all of the territory of the state. Even if the boundaries of the districts mentioned as the same are filed in the [225 N. Y.] Opinion, per CHASE, J. [Feb., town clerk's office of the town of Oyster Bay are described as along the waters of Oyster Bay harbor, the lands under such waters, a part of the town of Oyster Bay, should for the purposes of the jurisdiction of the district superintendent in the matter now before us be deemed a part of the school districts. It is not uncommon to treat school districts as adjoining for school purposes when they are divided by creeks or other natural boundaries, or by direct reference to the sides of highways or canals. The purpose of the statute in confining the authority to unite districts or parts thereof to such as are adjoining, was to prevent districts being united for school purposes when intervening territory consisting of some other district or districts, or part or parts thereof, wholly separate and divide the districts or parts thereof sought to be united. No school has been maintained on Center island since 1912. It is asserted that there are but six or seven children of school age residing in the district. Since 1912 contracts have been made from year to year by district No. 7 with union free school district No. 9 by which the latter district has provided school facilities in the schools in its district for the children of school age in district No. 7. The contract price paid by district No. 7 to district No. 9 has varied from time to time, but has not exceeded forty dollars each for such children. The practicability of uniting the territory of district No. 7 with that of district No. 9 for school purposes has been shown by several years of school experience. It is none the less practical for school purposes when all the taxable property included in the territory of the two districts bears its proportionate part of the tax burden than when the children of district No. 7 receive the advantages of the schools of district No. 9 by the payment of a stipulated consideration. Prior to making the order dissolving said districts the 1919.] Opinion, per CHASE, J. [225 N. Y.] subject of their dissolution had been investigated by the department of education, and in the order it was stated that "It appears that the sound course to pursue from the standpoint of good school administration and sound business policy is to consolidate school districts 7 and 10 with district 9. The report indicates that there are only seven children in district 7 and that these children have for a long period of time been attending the Oyster Bay school. It further appears that the taxpayers of district 9 are now bearing the burden of educating many of the children residing in districts 7 and 10 and that district 9 contains the homes of a large number of people who are employed by the owners of estates located in districts 7 and 10. It also appears that the village of Oyster Bay which is located in district 9 is the community center of all the people living in these three districts. It is added that the mail of all people in this district is received through the Oyster Bay post office and that the voters of these three districts vote at Oyster Bay." The order necessarily determined as a fact that the districts adjoined. After the order was made the plaintiff in this action as the sole trustee of district No. 7 appealed to the commissioner of education from the order and from each and every part thereof. He disputed some of the recitals contained in said order and denied the authority of the district superintendent to make the same. After a full hearing and consideration by the commissioner the action of the district superintendent was approved and the appeal was dismissed. (11 State Dept. Rep. 517.) It is provided by section 890 (formerly 880) of the Education Law that "6 Any person conceiving himself aggrieved may appeal or petition to the commissioner of education who is hereby authorized and required to examine and decide the same; and the commissioner of [225 N. Y.] Opinion, per CHASE, J. [Feb., education may also institute such proceedings as are authorized under this act and his decision in such appeals, petitions or proceedings shall be final and conclusive, and not subject to question or review in any place or court whatever." (Subd. 1.) It is expressly provided by the section that an appeal may be made in consequence of any action "by any school commissioner (now district superintendent) and other officers, in forming or altering, or refusing to form or alter, any school district." (Subd. 2.) This express grant of power must be considered with the other provisions of the Education Law. By the Education Law the education department is charged with the general management and supervision of all public schools and all of the educational work of the state (Education Law, sec. 20), and the commissioner of education is the chief executive officer of the state system of education (Education Law, secs. 20, 94) and he is by the legislature recognized as having judicial functions. (Education Law, secs. 46, 94, 398, 890, 891, 892.) The authority of the commissioner of education to hear appeals as by the statute provided and the binding effect of his decision and that of his predecessors in authority have been a part of our statute law since 1822. (Laws of 1822, chapter 216.) This provision was intended as a cheap and expeditious mode of settling most, if not all, of the difficulties and disputes arising in the course of the execution of the School Law. (Easton v. Calendar, 11 Wend. 90.) After the decision in People ex rel. Light v. Skinner (159 N. Y. 162) and by the amendment of 1910 (Laws of 1910, chapter 140) the decisions of the commissioner of education made by him in the first instance were given the same conclusiveness as decisions made by him on appeal. The purpose of the statute and of the amendment is to make all matters pertaining to the general school 1919.] Opinion, per CHASE, J. [225 N. Y.] system of the state within the authority and control of the department of education and to remove the same so far as practicable and possible from controversies in the courts. It has been frequently held that there is conferred upon the executive head of the education department power to review on the petition of a person aggrieved any decision mentioned in the School or Education Law. (Welker v. Lathrop, 210 N. Y. 434; People ex rel. Jennings v. Finley, 175 App. Div. 204. See People ex rel. Board of Education N. Y. City v. Finley, 211 N. Y. 51; People ex rel. Peixotto v. Board of Education N. Y. City, 212 N. Y. 463, 471.) The State Constitution was revised and established in 1894 and it provides: "The legislature shall provide for the maintenance and support of a system of free common schools, wherein all the children of this state may be educated." It also provides: "The corporation created in the year 1784, under the name of the Regents of the University of the State of New York, is hereby continued under the name of The University of the State of New York. It shall be governed and its corporate powers, which may be increased, modified or diminished by the legislature, shall be exercised by not less than nine regents." (Constitution State of New York, article 9, secs. 1, 2.) It was ratified by the people with knowledge and appreciation of the history of the free common schools of the state and of the University of the State of New York. The determination of the question in this case, whether within the provisions of the Education Law said school districts adjoin, was dependent upon an examination of all the facts and circumstances before the superintendent. His determination of that question was not arbitrary, nor wholly without a basis of jurisdiction upon the law and upon the facts, and the court will not set aside his |