Harry Heher

“ The mode and manner of the performance of the local function, if directed to an end within the allotted sphere of action, is not a justiciable question. Action transcending the dictates of reason constitutes an excess of power correctible by the judicial process; but mere matters of policy, propriety, expediency, taste and delicacy in the way of action for the attainment of a lawful end are not subject to the least judicial superintendency. Debatable questions as to reasonableness of policy and procedure are not for the courts but for the local authority. ”

“ Once it is conceded that the local board of education is empowered to submit the merits of the issue to the electorate at public expense, the judicial supervisory jurisdiction is concerned only with the limitations of the power and the containment of its exercise within [NJ183] the bounds of reason. Censorship is not of the judicial province. ”