Gamble v. Calcasieu Parish School Board

139 So. 2d 39, 1962 La. App. LEXIS 1725
CourtLouisiana Court of Appeal
DecidedMarch 8, 1962
DocketNo. 501
StatusPublished
Cited by2 cases

This text of 139 So. 2d 39 (Gamble v. Calcasieu Parish School Board) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gamble v. Calcasieu Parish School Board, 139 So. 2d 39, 1962 La. App. LEXIS 1725 (La. Ct. App. 1962).

Opinions

FRUGÉ, Judge

The plaintiff, a citizen, qualified voter, and a taxpayer of Ward 3, Calcasieu Parish, Louisiana, who has a child in a school in such Ward operated by the Calcasieu Parish School Board, brought this suit for a declaratory judgment to determine the number of members of such School Board that should be elected from Ward 3. Plaintiff contends that Ward 3 of Calcasieu Parish is entitled to six members on the Calcasieu Parish School Board, whereas it is represented by only one member thereon. Made defendant herein was the Calcasieu Parish School Board, who contends that that portion of Ward 3 of Calcasieu Parish which lies outside the territory controlled by the Lake Charles City School Board is entitled to one representative on the Parish School Broad.

Made defendant herein also is Wade O. Martin, the Secretary of State. The Trial Judge rendered judgment in favor of plaintiff, William A. Gamble, and from that judgment the Calcasieu Parish School Board perfected this appeal to this Court.

The determination of this question involves an interpretation of LSA-R.S. 17:52, which reads as follows:

“The membership of each parish school board shall be as follows:
“There shall be elected by the qualified voters of each police jury ward of the several parishes of the state a member of the school board of such parish for each police juror in said ward, whose term of office shall be for a period of six years.
“When the parish school board has no jurisdiction over or control of the public schools of a city in such parish, and when the limits of a ward of such parish extend beyond the limits of such city, only that part of the ward outside the limits of the city shall be represented on the parish school board, and shall have only one member of said board, who shall be an elector of the ward living outside the limits of the city, and shall be elected by the voters of the ward living and voting outside the limits of the said city.
“The election of parish school board members shall be at the congressional elections. School board members in office as of July 28th, 1948, shall serve out the terms for which they were elected; their successors and all other school board members elected in the future shall be elected for terms of six years. The parish school boards of the several parishes, as occasion may arise on account of the increase in the membership by the creation of additional wards or the increase of membership for any single ward, shall by proper resolution maintain the three divisions of the membership of the school boards existing on July 28th, 1948, as nearly equal as possible by allotting such new members to one of the three divisions, and when so allotted the term of office of such new member or members shall expire at the same time that the terms of the other members of the said division expire.
“To be a member of a parish school board one shall, in addition to the qualifications otherwise prescribed by law, be able to read and write.”

The City of Lake Charles is situated within the geographical limits of Ward 3.

By Act No. 90 of 1906 the Legislature created a separate school system for Lake Charles to be operated by a City School Board composed of five members, having all the powers of Parish School Boards within the corporate limits. Accordingly, that part of Ward 3 outside the limits of the city, for many years, has been represented on the Parish School Board by one member in accordance with the third paragraph of the above quoted statute.

[41]*41By Act No. 39 of 1946 the Legislature limited the jurisdiction of the City School Board to the territory within the corporate limits of the city existing on January 1, 1946 and provided that its jurisdiction should not be affected by any later extension or enlargement of the City Limits. A constitutional amendment of like import concerning assessment of property was adopted by the people in the same year.

As a result of subsequent extension of the city limits of Lake Charles, to include areas in which the Calcasieu Parish School Board has established and was operating schools, there are now 11 public schools within the city limits of Lake Charles which are maintained and operated by the Parish School Board. However, the Parish School Board does not operate any school within the geographical limits of Lake Charles that existed on January 1, 1946. All schools therein are still maintained and operated by the City School Board. On the other hand, all of the schools within the area taken in by extension of the city limits subsequent to January 1, 1946 are within the exclusive control and jurisdiction of the Parish School Board. The plaintiff urges that the number of school board members to which Ward 3 is entitled under the law should be determined by the second paragraph of LSA-R.S. 17:52, in which case there would be six members of the Cal-casieu Parish School Board elected from Ward 3. The Calcasieu Parish School Board urges that the third paragraph of the statute in question is applicable to the situation, and that portion of Ward 3 outside the city school system of Lake Charles should be represented on the school board by only one member of the said school board.

The Calcasieu Parish School Board’s position reflects the practice that has been followed in Calcasieu Parish for many years. Unquestionably, the third paragraph of the statute governed the situation prior to 1946 when all of the public schools within the city limits of Lake Charles were within the exclusive jurisdiction and control of the city school board. Now, how-ever, the Calcasieu Parish School Board has jurisdiction and control of public schools within a certain geographical area in such city and for this reason the plaintiff contends that the third paragraph of LSA-R.S. 17:52 is inapplicable and that the situation must necessarily be governed by the second paragraph of this section of the statute.

The question presented to this Court is of great concern to this Court and we feel of great concern to the residents of that portion of Ward 3 outside the city limits of Lake Charles as the city limits existed in 1946 and the Calcasieu Parish School Board. We feel that regardless of the decision of this Court that inequities will prevail. A judgment in favor of plaintiff will mean that that portion of Ward 3 of Calcasieu Parish outside of the corporate limits of the city of Lake Charles as of January 1, 1946 will be entitled to six school board members as there are six police jurors representing Ward 3, as Act No. 236 of 1914, amended Act No. 90 of 1906, and provided that electors residing in the City of Lake Charles would be ineligible to serve as members of the Parish School Board and to vote for members of the parish school board. This would in effect allocate membership on a population basis on the entire ward which would exclude members from a large portion of the ward. On the other hand, judgment in favor of the defendant would mean that residents of Ward 3, living outside of the corporate limits of the city of Lake Charles as it existed in January of 1946 are entitled to only one member on the Calcasieu Parish School Board and this Court is cognizant of the fact that the corporate limits of the city of Lake Charles have been extended since 1946 and the surrounding areas of Lake Charles in Ward 3 have grown in population immensely in the last years. However, this Court may only interpret the laws as passed by the legislature.

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Cite This Page — Counsel Stack

Bluebook (online)
139 So. 2d 39, 1962 La. App. LEXIS 1725, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gamble-v-calcasieu-parish-school-board-lactapp-1962.