Consolidation of School District No. 30 v. Consolidated School District No. 30

185 N.W. 961, 151 Minn. 52, 1921 Minn. LEXIS 440
CourtSupreme Court of Minnesota
DecidedDecember 23, 1921
DocketNo. 22,694
StatusPublished
Cited by20 cases

This text of 185 N.W. 961 (Consolidation of School District No. 30 v. Consolidated School District No. 30) is published on Counsel Stack Legal Research, covering Supreme Court of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Consolidation of School District No. 30 v. Consolidated School District No. 30, 185 N.W. 961, 151 Minn. 52, 1921 Minn. LEXIS 440 (Mich. 1921).

Opinions

Lees, C.

In March, 1921, petitions in proper form for the consolidation of School Districts Nos. 30, 38, 67, 74 and 88, in Steele county, and Nos. 83 and 114, a joint district in Steele and Freeborn counties, were presented to the county superintendent of Steele county. Notice of a school meeting to vote on the proposed consolidation was duly given and an election held, at which 343 votes were cast, 229 for and 114 against consolidation. The county superintendent made an order consolidating the districts, and all except No. 67 appealed therefrom to the district court. The trial court made findings upon which judgment was entered, affirming the order of the county superintendent. A motion for a new trial had been made and denied and this 'appeal is from the order. Thereafter an application was made to this court for an order restraining the respondent and its officers from taking possession of the property of the districts appealing. It was made on the ground that, while the appeal was pending, all the proceedings under the superintendent’s consolidation order and the district court judgment were stayed. Decision of the question presented by the application was deferred until the appeal could be heard and disposed of.

The districts appealing were common school districts. District No. 67 included within its boundaries all of the territory of the village of Ellendale, except 120 acres which lay within the boundaries of District No. 88. Three persons qualified to vote at school elections resided on this tract. The village has an area not exceeding one mile square and contains a voting school population in excess of 100 and a total population, according to the last Federal census, of 367. At the general election held in the village in Novem[54]*54ber, 1920, 160 votes were polled. The voting population of School District No. 67 is about 200. The voters in that district, including those residing in the village of Ellendale, participated in and voted at the consolidation election. Appellants contend that they had no right to vote and that the election was void.

District No. 67 maintains a state graded school located in the village of Ellendale. The proceedings were had under chapter 238, p. 336, Laws of 1915, as amended by chapter 410, p. 621, Laws of 1917. Section 1 of the earlier act, so far as here material, reads:

“Two or more school districts of any kind may consolidate either by the formation of a new district or by the annexation of one or more districts or unorganized territory to an existing district in which is maintained a state graded, semi-graded, or high school, as hereinafter provided. A district so formed by consolidation or annexation shall be known as a consolidated school district.”

Section 5 of the 1915 act, as amended by the 1917 act, p. 621, reads:

“In like manner, one or more school districts may be consolidated with an existing' district in which is maintained a state high or graded, or semi-graded school in a district containing an incorporated village * * * Provided, however, that in case of consolidation with a school district in which there is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, consolidation shall be effected by vote of the rural school districts only, in the manner provided under this act, and by the approval of such consolidation * * * with the one in which there is maintained a state high or graded, or semi-graded school in a district containing an incorporated village, by the school board thereof.
“Provided that the provisions in this section shall be applicable to a district that has an area not exceeding one (1) mile square in which there is contained a voting school population of one hundred (100) voters or more.”

The proceedings were initiated under section 1. Appellants insist they should have been initiated under section 5. Respondent [55]*55contends that it was optional with the petitioners to proceed under either section even if section 5 is held to be applicable. In this we do not concur. Where the facts are such that section 5 is applicable, the proceeding should be brought under that section. If petitioners may proceed under section 1 whenever they so desire, there was neither necessity nor reason for the enactment of section 5 and the legislature has been needlessly industrious in passing other acts relating to the consolidation of school districts, such as chapter 453, p. 757, Laws of 1917, and chapter 441, p. 682, Laws of 1921.

In a proceeding under section 1 the qualified electors in all of the districts to be consolidated have a right to vote, but in a proceeding under section 5 only those in the rural districts may vote. The voting strength of District No. 67 outweighed that of all the other districts combined and necessarily controlled the result of the eléction. The question to be determined is whether this body of electors, under the existing circumstances, had the right to vote at the consolidation election. Exceptions, provisos and classifications have been engrafted on the statutes relating to the organization and consolidation of school districts in attempts to adapt the law to the necessities of some particular district or group of districts. The volume of legislation and the acts that have overlapping provisions have led to difficulty in ascertaining whether or no a given provision applies to a particular case. This case is an instance of the sort. Section 1 applies to the consolidation of school districts of any kind and is broad enough to warrant the proceedings which were taken. Section 5, omitting the provisos, contains no language which would raise a doubt as to the right of the electors in District No. 67 to vote at the election. The first proviso excludes the voters in a district containing an incorporated village from participating in the election. District No. 67 does not contain the whole of the village of Ellendale. Part of its territory lies in District No. 88. We are of the opinion that the first proviso does not apply, unless the school district contains all the territory of the village.

The second proviso extends the provisions of section 5 to districts having a prescribed area and population. Appellants contend that this does not refer to school districts, but to bodies of land having [56]*56the characteristics mentioned in the proviso. Citing section 2672, G. S. 1913, they say.the proviso cannot refer to school districts because they must contain at least four sections of land. As applied to common and independent districts, the statement is correct. But in addition to such districts there are special school districts. Section 2671, G. S. 1913. It is a matter of common knowledge that many such districts have been created by special act of the legislature. From a cursory examination we find that such districts were created by chapter 56, p. 332, Sp. Laws 1868; chapter 114, p. 341, Sp. Laws 1874; chapters 168 and 171, pp. 712, 726, Sp. Laws of 1881. Doubtless there are others. Gases, in which special school districts were involved have reached this court. Connor v. Board of Education, 10 Minn. 352 (439); City of Winona v. School District No. 82, 40 Minn. 13, 41 N. W. 539, 3 L. R. A. 46, 12 Am. St. 687; State v. Lakeside Land Co. 71 Minn. 283, 73 N. W. 970; Trautmann v. McLeod, 74 Minn. 110, 76 N. W. 964. There is no restriction, as respects area or population, on the power of the legislature to create a school district..

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Bluebook (online)
185 N.W. 961, 151 Minn. 52, 1921 Minn. LEXIS 440, Counsel Stack Legal Research, https://law.counselstack.com/opinion/consolidation-of-school-district-no-30-v-consolidated-school-district-no-minn-1921.