The opinion
Clark, C. J.,
concurring: Revisal, 4129, provides that the county board' of education in dividing the townships into' school districts “shall establish no new school in any township within less than 3 miles of the nearest traveled route of some school already established in said township.” This statute undertakes to prescribe a limitation upon the county board of education in laying out new school districts. This provision was not intended to interfere with their judgment as to the location of a sehoolhouse, without misconduct on their part. It was not intended that the opinion of a Superior Court judge should overrule that of the county board of education in that respect. The purpose is to restrict the creation of new districts by providing that in laying out a new district the children, therein should not be nearer than 3 miles from some existing school. The provision applies to the creation of new districts and not to the location, or change of location, of a sehoolhouse, which is properly a matter resting in the sound judgment of the local authorities, except, as above said, when there is shown to be some misconduct requiring judicial correction. Pickler v. Board of Education, 149 N. C., 221 .