Board of Education of the Union School District v. Goodrich

175 N.W. 1009, 208 Mich. 646, 1920 Mich. LEXIS 472
CourtMichigan Supreme Court
DecidedJanuary 28, 1920
DocketCalendar No. 28,991
StatusPublished
Cited by17 cases

This text of 175 N.W. 1009 (Board of Education of the Union School District v. Goodrich) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Education of the Union School District v. Goodrich, 175 N.W. 1009, 208 Mich. 646, 1920 Mich. LEXIS 472 (Mich. 1920).

Opinion

Steere, J.

The union school district of the city of Owosso was created by Act No. 368, Laws 1871. It succeeded to the rights, duties, liabilities, property and territorial limitations of a former union school district and embraces the present city of Owosso with some outlying contiguous territory. The initial section of the local act creating it provides:

“Section 1. The People of the State of Michigan enact, That the territory now embraced within fractional union school district number one, Owosso and [648]*648Caledonia, shall constitute a single school district, and shall be known and designated as 'Union school district of the city of Owosso,' and such district shall have all the powers and privileges conferred upon school districts by general law, and, in addition thereto, such powers and privileges as are hereinafter conferred by this act.”

Section 5 of the act provides that the qualified electors of the created district may—

“by a majority vote of those present and voting at any annual meeting, or at any special meeting called for such purposes, raise by tax upon the taxable property in said district such sum or sums as shall be necessary to purchase lots, build school houses and furnish the same, provide apparatus and fuel, establish and maintain a district library, * * * authorize the board of trustees to borrow money, on the bonds of the district, for such terms of years, and at such rate of interest, not exceeding ten per cent, per annum, as the meeting may direct, for the purpose of building school houses and making additions thereto, or for the payment of bonds to become due: Provided, That such indebtedness shall at no time exceed fifty thousand dollars.”

At a regular meeting of the board of education of said district held October 28, 1919, a resolution was adopted calling a special meeting of the electors of the district for the purpose of voting upon the question of borrowing $200,000 on bonds of the district for the purpose of erecting and properly equipping a proposed school building which the board determined was a necessity. To that end the board also by resolution directed its secretary, defendant Goodrich, to prepare a requisite number of printed ballots for said election and give proper notice of time, place and purpose of such meeting as required by law. This defendant declined to do, filing written, reasons for his refusal.with the board, which were in brief that the bonded indebtedness of said district was limited by [649]*649the local act creating it to $50,000, four-fifths of which amount had already been issued.

Application was then made by the board to the circuit court of Shiawassee county for a writ of mandamus to compel Goodrich to give proper notice of the special meeting and election to be held, as provided by said resolution, on the 6th of November, 1919. An order to show cause was issued and answer filed by defendant. Hearing was duly had upon the issue raised and a peremptory mandamus was issued by the circuit court requiring defendant to comply with the resolution of said board; also providing that as the time set for such special election had passed defendant should comply with any further order or resolution of the board fixing a later election day. Defendant then removed the proceeding to this court for review on certiorari to mandamus.

All resolutions, records and other proceedings necessary to clearly present the question are carefully prepared and in regular legal form. No facts are in dispute and no objection made to the regularity of any steps taken, aside from defendant’s denial of the district’s right to increase its bonded indebtedness beyond the limit specified in the proviso to section 5 of Act No. 368.

It is admitted the present bonded indebtedness of the district amounts to $40,000. Under the proviso in section 5 of the act, further bonded indebtedness would be limited to $10,000 and the single question of law involved is whether or not section 5712, 2 Comp. Laws 1915, operates to enlarge the district’s power to bond as proposed. The trial court was of the opinion that it did under the rulings by this court in Public Schools of Muskegon v. Smith, 173 Mich. 570, and Board of Education of Traverse City v. Straub, 182 Mich. 665.

Defendant relies upon and cites numerous authori[650]*650ties to sustain the proposition that a general affirmative act without expréss words of repeal does not as a rule operate to repeal a special or local act on the same subject even though the two are inconsistent and the terms of the general law are broad enough to include the inconsistent provision embraced in the special act. As to the Muskegon and Traverse City Cases it is urged that the important question there involved was the power of the districts to issue bonds, for which no provision was made in the special acts creating, them, while in the instant case the power is expressly conferred, with a limitation, and the reasoning of the court in those cases, holding that the general school laws gave the districts such right, has no application here.

The rule which defendant invokes to the effect that a general act will not repeal a special or local inconsistent act on the same subject is not a rule of positive law but only one of the rules of construction recognized as raising such presumption, refutable and with the limitation that it must yield to an otherwise manifest legislative intent appearing in the language of the act which is to be construed in the light of its subject-matter and purposes, other existing legislation upon the same subject, the relative times of their enactment, with all. circumstances or related matter which may aid construction and is proper to consider for the purpose of discovering the legislative intent.

It is not without significance that section 5712, 2 Comp. Laws 1915, authorizing any school district by a majority vote of its qualified electors to borrow money and issue bonds therefor to an amount not exceeding ten per cent, of its assessed valuation, is section 1 of chapter 6 of Act No. 164, Pub. Acts 1881, which is a comprehensive general law enacted with the indicated intent to amend, harmonize and recast existing school laws into a uniform system. It is a [651]*651lengthy enactment, divided into 13 chapters with subtitles, being entitled, “An act to revise and consolidate the laws relating to public instruction and primary schools, and to repeal all statutes and acts contravening the provisions of this act.”

As qualifying the purpose declared in the title, defendant emphasizes section 10 of chapter 13 of the act (2 Comp. Laws 1915, § 5760), which under the sub-title “Penalties and Liabilities” provides:

“All provisions of this act shall apply and be in force in every school district, township, city and village in this State, except such as may be inconsistent with the direct provisions of some special enactment of the legislature.”

Section 1 of chapter 6 (2 Comp. Laws 1915, § 5712) was however radically amended by subsequent legislation, in its present form by Act No. 53, Pub. Acts 1913. In that connection it may be noted that Act No. 146 of the same session amended with similar title and in like manner section 17 of chapter 2 of the same act. As applied to the issue involved in Burton v. Koch, 184 Mich. 250, it was said of the legislative intent as indicated by such method of amendment:

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Bluebook (online)
175 N.W. 1009, 208 Mich. 646, 1920 Mich. LEXIS 472, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-education-of-the-union-school-district-v-goodrich-mich-1920.