Huntsville Independent School District v. McAdams

221 S.W.2d 546, 148 Tex. 120, 1949 Tex. LEXIS 392
CourtTexas Supreme Court
DecidedJune 8, 1949
DocketNo. A-2111
StatusPublished
Cited by32 cases

This text of 221 S.W.2d 546 (Huntsville Independent School District v. McAdams) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Huntsville Independent School District v. McAdams, 221 S.W.2d 546, 148 Tex. 120, 1949 Tex. LEXIS 392 (Tex. 1949).

Opinion

Mr. Justice Brewster

delivered the opinion of the Court.

On July 10, 1947, Huntsville Independent School District, petitioner, held an election to determine whether it could issue $350,000 of bonds for the purpose of constructing and equipping public free school buildings of material other than wood and purchasing additional building sites and whether a tax should be levied to pay interest and create a sinking fund to pay the bonds at maturity. This election, regular in all respects, showed a majority in favor of issuing the bonds and levying the tax.

August 1, 1947, the district’s board of trustees received a petition signed by 52 persons, at least 20 of whom were qualified property taxpaying voters in the district, requesting the board to call an election, under Art. 2786a, Vernon’s Anno. Civ. Stat., for the purpose of letting “the property tax payers” of the district vote on whether or not to revoke a/nd cancel the authority of the district and its trustees “to issue $350,000 worth of bonds, which were voted by a majority of the property tax payers * * * on or about the 17th day of July, 1947, * * * as provided for [122]*122by the laws of the State of Texas, and submit to the qualified voters and property owners of said * * * District the proposition whether the authority heretofore given to the Trustees * * * to issue $350,000 worth of bonds shall be revoked and cancelled, and that all proceedings heretofore had are (or) given by the property tax paying voters of the * * * District to the trustees to issue $350,000 worth of bonds be revoked, cancelled and held for naught.” (Italics ours.) On August 2, 1947 a second petition, in idenical language as the first and signed by 52 persons, at least 20 of whom were qualified property taxpaying voters in the district, was also received by petitioner’s board. The trustees took no action on these petitions.

Neither when these petitions were filed nor at any time material to the issues in this case had any of the bonds been sold or contracted to be sold; but the trustees had advertised them for sale, requesting bids to be submitted on August 5, 1947. Because of the present litigation no record on the bond issue has ever been submitted to the Attorney General for his approval, therefore neither have any of the bonds been registered with the Comptroller, as required by Art. 2786, V. A. C. S.

Upon the trustees’ failure to call the election requested in the petitions, Respondent Edgar McAdams et al, signers of the petitions, filed this suit seeking (1) a writ of mandamus directing petitioners forthwith to call an election to determine whether the bonds shall be revoked and cancelled and (2) an injunction restraining them from selling, offering to sell or contracting to sell the bonds pending the election. The trial court entered a judgment as prayed by respondents, which was affirmed by the Court of Civil Appeals. 217 S. W. (2d) 51.

This case turns on the proper construction of Sec. 1, of Art. 2786a, supra, which was enacted in 1933 by a House vote of 111 to 0 and a Senate vote of 27 to 0, as Chap. 103, Acts 43rd Leg., R. S., 1933, p. 229, and which, as relevant to present issues, reads as follows “In the event any school bonds voted or issued, or any portion of such bonds voted or authorized by any * * * independent school district * * * remain unsold, then * * * the board of trustees in the case of an * * * independent school district, may, upon its own motion, or upon petition of not less than twenty, or a majority of the qualified property taxpaying voters thereof as shown by the records of the County Tax Collector, shall order an election to determine whether or not such school bonds shall be revoked and cancelled. * * *

Respondents insist that this statute is unambiguous and [123]*123must be applied literally as an expression of the legislative intent. Petitioners contend that it is ambiguous and therefore must be construed in order to ascertain its true meaning.

If respondents’ contention is sound the will of a majority of the property taxpaying voters of a school district to issue bonds to construct school buildings can be utterly defeated either by the district’s own board of trustees or by a minority of 20 of its property taxpaying voters, no matter how overwhelming the majority nor how urgent the need for more buildings may be. For, just as soon as it is known that bonds have been voted twenty dissatisfied voters can petition for an election; and that they will lose it is of no moment because they can immediately petition for a second election and so on forever. That such procedure is not only likely but has actually been resorted to is shown in the case of Seabrook Independent School Dist. et al v. Brown et al (Civ. App.), 195 S. W. (2d) 828 (er ref.), wherein a petition for a second election for the cancellation of $150,000 of bonds was filed on the day before the first election was held. Moreover, under respondents’ contention a district’s board of trustees could defeat a unanimous vote of its property taxpaying voters to issue bonds throughout their tenure of office by the simple expedient of calling one election after another to revoke and cancel the bonds. Did the Legislature by enacting Art. 2786a, supra, without a dissenting vote in either branch, intend any such result? If the statute is free from ambiguity we must hold that it did; otherwise, we must look beyond the terms of the statute to discover the legislative intent.

While the fact may not be of any special significance it is interesting to note in passing that although respondents insist that the language of the statute is clear, the petition some of them signed requested an election to determine whether the authority of petitioners to issue the bonds shall be revoked and cancelled, whereas they here seek an election to revoke and cancel the bonds.

The statute says that when any bonds voted or issued or any portion of such bonds voted or authorized remain unsold an election may be had to cancel them. Do the words “in the event any” or “any portion” “remain unsold” mean all the bonds voted or only a part of them? Of the several definitions of the verb remain given by Webster’s New International Dictionary, Sec. Ed., only the first four can apply to the word as it is used in the statute. They are: “1. To be left after others have been removed or destroyed; to be left after a number or quantity has been subtracted or cut off. 2. To be left as not included or [124]*124comprised; to be left as a portion not treated, as, that remains to be proved. 3. To stay behind while others withdraw. 4. To continue unchanged in place, form or condition, or undiminished in quantity; to abide; endure, last; continue.” If the first three definitions are to be applied the words “remain unsold” imply that a part of the bonds have been sold; if the fourth is to be accepted then the words mean that the bonds voted have continued “undiminished in quantity.” Thus we have ambiguity.

Moreover, that the effort made by respondents to nullify the decision of the majority of the Huntsville Independent School District before anything had been done to effect their will is not contemplated by Art.

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221 S.W.2d 546, 148 Tex. 120, 1949 Tex. LEXIS 392, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huntsville-independent-school-district-v-mcadams-tex-1949.