Erickson v. School District No. 2

217 P.2d 887, 67 Wyo. 216, 1950 Wyo. LEXIS 12
CourtWyoming Supreme Court
DecidedMay 2, 1950
Docket2472
StatusPublished
Cited by8 cases

This text of 217 P.2d 887 (Erickson v. School District No. 2) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Erickson v. School District No. 2, 217 P.2d 887, 67 Wyo. 216, 1950 Wyo. LEXIS 12 (Wyo. 1950).

Opinions

[219]*219OPINION.

Blume, Justice.

The facts in this case and the constitutional and statutory provisions applicable have been stated by the Chief Justice, and it is not necessary to do so again [220]*220except insofar as deemed necessary for a fair understanding of this opinion. Natrona County High School District embraces School District No. 2 of said county and some territory in addition thereto, the addition having about 11 per cent of the assessed valuation of the high school district, the remainder — the territory of School District No. 2 — having about 89 per cent of the assessed valuation of the whole high school district. Section 5, Article 16 of our Constitution limits the debt of school districts to 2 per cent, with an additional 4 per cent for buildings, a total of 6 per cent. The question to be resolved herein is, as stated by the Chief Justice, whether District No. 2 in the County of Natrona and the Natrona County High School District each have their own separate 6 per cent limitation of bonded indebtedness, or whether the maximum of 6 per cent as a debt limit applies to both of them so that the debts of both districts when entered together may not exceed that figure. The contention of respondents, upheld by the trial court, is for the correctness of the first of these positions, that of the appellant is to the contrary.

For the purpose of this case we may at times for convenience refer to School District No. 2 of Natrona County and like districts as the ordinary school district in contra-distinction to a high school district. It is at least a doubtful question whether Section 5, Article 16 of our Constitution relating to the limitation of indebtedness in school districts permits each of the districts mentioned to have their own 6 per cent limitation, an affirmative answer apparently involving, as pointed out by counsel for appellant, the logical conclusion that if a high school district may be superimposed in whole or in part upon an ordinary school district with an independent debt limit of 6 per cent, so may a junior high school district, a kinder[221]*221garten district, and in fact a district for every grade of school. See State ex rel. vs. Clausen, 66 Wash. 324, 119 P. 797, Ikard vs. Union Graded School Dist. No. 64 of Caddo Co. et al., 101 Okla. 80, 223 P. 141, Mistler vs. Eye, 107 Okla. 289, 231 P. 1045, 2 dissenting opinions in House vs. School District No. 4 of Park Co., 120 Mont. 319, 184 P. 2d 285. But it is not necessary to decide that point at the present time, since this case may be disposed of by considering our statutory provisions, and when that can be done, courts will not decide constitutional questions. 16 C. J. S. 207, etc. What we have said on the latter subject has been said solely for the purpose of aiding us in determining the probable meaning of the statutes hereafter considered. There must be statutory authority for the right of each of the districts to have a separate 6 per cent limitation hereinabove mentioned. Not only do we find no such statutory authority, but on the contrary it is, we think, specifically forbidden under our statutes, as will presently be shown. In order that the statutory provisions applicable may be more clearly understood, we must bear in mind that a school district as ordinarily understood includes a high school. It is said in 56 C. J. 168: “Properly speaking, the term ‘public’ or ‘common’ as applied to a school has no reference to the grade of the school or to what may or may not be taught therein, and includes graded and ungraded schools, elementary schools, grammar schools, and high schools. * * * The phrase ‘common school education’ has been said to be not easily defined nor to have any accepted definite meaning; but it has been held that education in subjects commonly taught in high schools is within the term as used in a constitutional provision for schools providing a common school education.” In Annotation 113 A. L. R. 702 it is stated: “It is generally held, or conceded, that high schools are common or public schools within constitu[222]*222tional and statutory provisions.” Cases are cited from 16 different jurisdictions. We think that various sections of our Constitution, for example Sections 1, 6, and 9 of Article 7, support the general rule. In other words a high school is a component part of a school district.

The cases cited by the Chief Justice which deal with constitutional questions are not in point herein for the reason that the statutes applicable in those cases do not deal with the limitation of indebtedness contained in our own statutes. Thus in Montana, for instance, the statute provided that the high school districts could issue bonds “irrespective of the debt of the common school districts.” Nor do we think that the cases are in point herein which hold that a municipality and a school district are separate entities enabling each to have indebtedness up to the limitation provided by the Constitution. There is no doubt on that point. The question here is whether the legislature intended that a school district can, for the purpose of creation of debt, be considered, practically speaking, as consisting of component parts, so as to give the school district and each part thereof authority to have indebtedness up to the constitutional limitation, namely, up to 6 per cent of the assessed valuation. Stated otherwise the question is whether a school district has more than one debt capability, which is similar to the question as to whether or not a municipality has more than one debt capability. In the latter case the question would be readily answered in the negative. We might incidentally mention the fact that only a “school” district, not a “high school” district is as such, permitted under Section 5, Article 16 of the Constitution to incur a debt of 4 per cent of the assessed valuation for the purposes of construction of buildings (authorized by a constitutional amendment in 1920), [223]*223and if a high school district does not come within the orbit of indebtedness of the constitutional “school district” but were considered an independent subdivision of the state for that purpose, it would, it seems, at most be enabled to incur an indebtedness not exceeding 2 per cent of its assessed valuation. However, as already stated, a school district as ordinarily understood includes a high school.

Section 67-916, Wyo. Comp. St. 1945 (both as it originally stood and as it was amended by Chapter 90, Session Laws 1947) which relates to a high school district provides as follows: “and provided further, that no bonds shall be issued by such district beyond the united bonding capability of the territory embraced within such district, taking into consideration existing obligations thereof at the time of the creation of such high school districts.” What does bonding capability of the territory mean? There is no definition of that term in the statute and there can scarcely be any doubt that it refers to the 6 per cent limitation of indebtedness mentioned in Section 5, Article 16 of our Constitution. That constitutional provision insofar as pertinent here refers to school districts, not to any subdivision or component part thereof or adjunct thereto. And in the absence of a contrary showing — and there is none — it must be understood as heretofore shown, as including high schools. Hence, the legislature must be presumed to have had in mind, we think, that none of the territory embraced in a high school district could be bonded for more than a total of 6 per cent of the assessed valuation.

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Erickson v. School District No. 2
217 P.2d 887 (Wyoming Supreme Court, 1950)

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Bluebook (online)
217 P.2d 887, 67 Wyo. 216, 1950 Wyo. LEXIS 12, Counsel Stack Legal Research, https://law.counselstack.com/opinion/erickson-v-school-district-no-2-wyo-1950.