Parks v. School District No. 1

193 P. 838, 22 Ariz. 18, 1920 Ariz. LEXIS 172
CourtArizona Supreme Court
DecidedDecember 7, 1920
DocketCivil No. 1821
StatusPublished
Cited by12 cases

This text of 193 P. 838 (Parks v. School District No. 1) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Parks v. School District No. 1, 193 P. 838, 22 Ariz. 18, 1920 Ariz. LEXIS 172 (Ark. 1920).

Opinion

CUNNINGHAM, C. J.

The appellant, a resident taxpayer, brought this action in his own behalf and in behalf of all other persons similarly situated, to restrain and enjoin the school district, its officers, and the board of supervisors of Yavapai county from issuing and selling $60,000 worth of school district bonds voted on at an election held in the school district on the sixth day of September, 1919. The court sustained the defendants’ demurrer to the complaint. The plaintiff elected to stand on his complaint, and, from the judgment for defendants, the plaintiff appeals.

The appellant, plaintiff, bases his cause of action upon the alleged failure of the board of trustees of the school district to comply substantially with chapter 9 of title 11, Revised Statutes of Arizona of 1913, in the following particulars, generally stated, viz.: First, in failing to follow the statute in calling the bond election; second, in failing to appoint one of the three judges who held said election; third, in submitting more than one proposition to be voted upon at said election; fourth, in failing to use ballots at said election which the statute requires to be used; and, fifth, in failing to show, on the face of their returns of the proceedings to the board of supervisors of the county, a record showing that all of the requirements of the statute have been complied with in the matter of authorizing the issuance and sale of the bonds.

The complaint sets forth the notice of the call of the school bond election, at length, as the same was posted in the district on the eighth day of August, 1919, and as published in the daily “Arizona Journal-[22]*22Miner” on the twelfth, nineteenth, twenty-sixth days of August, and on the second day of September, 1919, noticing a call for such election on the sixth day of September, 1919. The notice purports on its face to have been posted and published, to wit, by order of the board of trustees of said school district, N. B. Hazeltine, president; J. Harvey Blain, clerk; John W. Flinn, member trustee of school district No. 1, Yavapai county, Arizona.

The notice of the call of the election contains everything- required by paragraph 2738, Revised Statutes of Arizona of 1913, to be stated in such notice. As I understand the appellant’s contention, the notice itself is without criticism; it is the failure of the board of trustees of the district to meet in a lawful manner and at such meeting issue the call for the election and order the notice of the call posted and published that invalidates the proceedings. Of course, this contention is striking at the incipiency of the proceedings; contending that, if the proceedings to initiate a bond election were not commenced as required by the statute, the proceedings following would not serve to create a bonded indebtedness against the district. The plaintiff seeks to raise this question of authority by the following allegations, to wit:

Par. 6. ‘ ‘ That as plaintiff is informed. and verily believes, the posting and publication in the daily ‘Arizona Journal-Miner’ newspaper as aforesaid, of said supposed notice, the calling of the supposed bond election therein mentioned, and the appointment of the judges of election was, and were, not authorized or directed by the board of trustees of said defendant school district, as required by law, by reason whereof the said supposed notice of election, and its posting and publication, as aforesaid, was and were unlawful and void and of no lawful force whatever, and the designation of the names of the judges of election therein was unlawful and void, conferring on [23]*23the persons named as judges no power or authority to hold such supposed election.”

The paragraph refers to three things: First, that the notice of the election was not posted and published as required by law; second, that the election was not called by the board of trustees as required by law; and, third, that the judges of election were not appointed as required by law.

The allegations certainly are not very clear in pointing out the failure of the board of trustees to assemble in formal meeting when they issued the call for the election, appointed the judges to- hold the election, and ordered the notice of the call to be posted and published.

The appellant contends, in argument, that the paragraph of the complaint under consideration is an allegation of the “fact of nonaction of the school board in calling the election,” and argues that a call of such election cannot lawfully be issued under the authority of paragraph 2736, Eevised Statutes of Arizona of 1913, unless the whole board is assembled in a lawful meeting and the call for the election is ordered at such meeting; that the members of the board acting other than at an organized board meeting act as individuals, and their acts do not bind the district, citing State v. Treasurer of Liberty Twp., 22 Ohio St. 144.

Such rule is a just rule and is a safe rule to follow. However, paragraph 2733, Eevised Statutes of Arizona of 1913, empowers the boards of school trustees (subdivision 1) to meet and organize by electing one of their number president of the board, and one of their number the clerk of the board, and notify the county school superintendent of the same; and “(2) to prescribe and enforce rules not inconsistent with law or those prescribed by the state board of educa[24]*24tion for their own government and the government of the schools.”

The first duty of the clerk of the board of trustees is: (1) To act as clerk of the board and keep a record of its proceedings, and “(3) to keep his records and accounts open to the inspection of the electors of the district. ...”

The plaintiff does not allege that any law or any rule prescribed by the state board of education required the board of trustees of school district No. 1 of Yavapai county to assemble in a formal meeting and by formal, written resolutions call an election to vote bonds of the district and appoint three persons as judges to hold such election. Certainly, the records of the clerk of the school district must show affirmatively that the board of trustees did issue the call and order notices of the call to be posted and published and that such action was taken by the board at a board meeting.

The statute upon this matter seems clear. Paragraph 2737, Eevised Statutes of Arizona of 1913, is:.

“An election for the purpose of determining whether the bonds of the district shall be issued must be called by posting notices signed by the board in three public places in the district, for not less' than twenty days before the election, and if there is a newspaper published in the county, by publishing such notice not less than once a week for three successive weeks.”

The notice was posted and published, as shown upon the face of the complaint, was signed by the board and was posted and published the required period of time before the election. The statute says, plainly, unequivocally, and literally that—

“An election for the purpose of determining whether the bonds of the district shall be issued must be called by posting notice signed by the board,” etc.

[25]*25The complaint, on its face, shows clearly that the statute was literally followed in calling the election— the notice signed by the board and posted and published is all that the statute requires to call the election. We must presume that the lawful meeting was held when the call was made.

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Bluebook (online)
193 P. 838, 22 Ariz. 18, 1920 Ariz. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-v-school-district-no-1-ariz-1920.