Elliott Common School Dist. No. 48 v. County Board of School Trustees

76 S.W.2d 786
Court of Appeals of Texas·Decided October 25, 1934·No. No. 4545·Published·Cited by 7 cases

Opinion

LEVY, Justice

(after stating the case as above).

The point presented for determination first is that of whether in the circumstances the organization of the high school district was in the manner prescribed by article 2922a, Revised Statutes, as amended by Acts 1927, 1st Called Sess., c. 78, § 1 (Vernon’s Ann. Civ. St. art. 2922a), and legally effective as such from the date of the order of the county school trustees. Article 2922a expressly authorizes the creation of a rural high school district, firstly, “by grouping contiguous common school districts having less than four hundred scholastic population and independent school districts having less than two hundred and fifty scholastic population.” It is secondly “provided also,” evincing an intention and meaning to deal with and apply to some other and different plan, “that the county school trustees may annex one or more common school districts or one or more independent school districts having less than two hundred and fifty scholastic population to a common school district having four hundred or more scholastic population or to an independent district having two hundred and fifty or more scholastic population.” As necessary to the existence of the latter right is the condition of “approval of the board of trustees of each school district.” The first clause or section of the article evidently was intended to authorize the organization of a rural high school district distinctively as siich by the “grouping” or joining together so as to form one integral whole of existing elementary districts of the same grades or same classes, which are “contiguous” or have actual or uninterrupted physical connection. The second clause or section of the article was intended to grant the authority, “upon the approval of the board of trustees of each school district affected,” to “annex” or attach, in the view of making an integral part of something larger, an existing common school district of a lesser grade and scholastic population to either another existing common school district or to another existing independent school district of larger grade and scholastic population. The two plans respecting the establishing and operating a rural high school are separate and distinct, under a statutory provision therefor. In the first plan of “grouping” existing common school districts there is the affirmative requirement that such common school districts shall be “contiguous.” The word “contiguous,” as used, means, as held, that the districts must touch one another. Beard v. Marshall (Tex. Civ. App.) 32 S.W.(2d) 496. The word “contiguous” has the primary meaning of actual contact or uninterrupted connection} and does not imply territory or districts separated by other territory. See 13 C. J. p. 110. In the second plan, though, of authorizing the annexation of a common school district of less scholastic population to an existing school district of larger scholastic population, the word “annex” alone is used. The word “contiguous” does not follow the word “annex.” It is presumed that the legislative intention was not to have the word “annex” construed strictly the same as the word “contiguous,” but as generally understood standing by itself.' The words “annex” and “attach” are synonyms. As ordinarily understood “annex” means to make an integral part of something larger. While “annex” implies physical connection or physically joined to, yet the word may not necessarily be confined to a narrow and strict sense. Physical connection may be dispensed with, and things may be annexed without being in actual contact, when reasonably practicable. 3 C. J. p. 193; Redfield School Dist. No. 12 v. Independent School District, 14 S. D. 229, 85 N. W. 180; and other examples. And the statute does not provide that physical connection may not be dispensed with when deemed by school trustees not reasonably practicable or not reasonably inconvenient. Suppose, for instance, that the two school districts were separated by the intervening space of a regularly established and existing public highway or roadway. The expediency of annexing a smaller to a larger district was left unrestricted to the county school trustees and the trustees of each district affected, contemplating that the smaller district shall be adjacent, or as nearly so as reasonably practicable. The Legislature intended that the plan of the high school district should be so formed by annexation as to afford all children within the boundaries an opportunity to enjoy with reasonable facility [790] and convenience the benefits of such school. It is evident the determination of the school trustees to annex the two districts in suit was not in unreasonable disregard of the best interests of the pupils within the boundaries, or arbitrary or fraudulent or oppressive. The principle would fairly apply that “under a statute authorizing independent school districts to attach or annex thereto adjacent territory, if the board of education deem it proper, the extent of the territory which may properly be regarded as adjacent, and hence the territory which may be so attached or annexed, is within the sound discretion of the board.” 56 C. J. p. 203.

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Elliott Common School Dist. No. 48 v. County Board of School Trustees, 76 S.W.2d 786 (Tex. Ct. App. 1934).

76 S.W.2d 786 (Elliott Common School Dist. No. 48 v. County Board of School Trustees) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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