State ex inf. Carnahan v. Jones

181 S.W. 50, 266 Mo. 191, 1915 Mo. LEXIS 120
CourtSupreme Court of Missouri
DecidedDecember 8, 1915
StatusPublished
Cited by17 cases

This text of 181 S.W. 50 (State ex inf. Carnahan v. Jones) is published on Counsel Stack Legal Research, covering Supreme Court of Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex inf. Carnahan v. Jones, 181 S.W. 50, 266 Mo. 191, 1915 Mo. LEXIS 120 (Mo. 1915).

Opinion

BLAIR, J.

This is an appeal from a judgment of the circuit court of Carter county in favor of informant in a proceeding in quo warranto, instituted by the prosecuting attorney, to oust appellants from office as directors of Consolidated School District No. 2 in that county.

By the pleadings and admissions in open court the only questions for solution by the trial court were: (1) whether, when it is proposed to establish a consolidated school district under the Act of March 14, 1913, the petition to the county superintendent must be signed by qualified voters of every district to be affected ; (2) whether parts of existing districts not mentioned in the petition, though included in the notice, can be included in the- consolidated district; and (3) whether the certificate or report made under section 3 of the act was, in this case, sufficient as a matter of law.

The act in question, Laws 1913, pp. 721 et seq., is set out in full in State ex rel. v. Gordon, 261 Mo. 631.

[196]*196signers of I. Respecting the qualifications of the signers of the petition whereby proceedings for the organization of consolidated districts are initiated, the sole provision of the Act of March 14, 1913 ('Laws 1913, p. 722, sec. 3), is as follows:

“When the resident citizens of any community desire to form a consolidated district, a petition signed by at least twenty-five qualified voters of said community shall be filed with the county superintendent of public schools.”

In the instant case, the petition was signed by the requisite number of qualified voters of the community, but none of them resided in District No. 22, which it w£,s proposed in the petition to include in the consolidated district. The trial court held this was fatal to the proceedings, invalidating the organization.

With this conclusion we are unable to agree. The act does not require that every district proposed to be affected shall be represented among the signers of the petition. In fact, it does, not require that every district which shall be affected shall be mentioned in the petition. The act does not deal with the matter at all upon the basis of districts already organized. It requires merely that the signers of the petition shall be qualified voters of the “community,” the resident citizens of which desire to form a consolidated district. The word community in this act is not employed in any technical or strictly legal sense, but is a sort of synonym of “neighborhood”' or “vicinity” (Berkson v. Railroad, 144 Mo. l. c. 220, 221) or may be said to mean the people who reside in a locality in more or less proximity. [Keech v. Joplin, 157 Cal. l. c. 11.] So defined, a community may include several districts and parts of districts. There is no requirement that the petitioners shall reside here or there in the community. That they are resident citizens of it is enough.

[197]*197Namedt£¡nNot Petition. II. The trial court held that the organization was void because the county superintendent included within the boundaries of the proposed district parts of districts not named in the petition, though adjacent to.those specified therein.

The applicable provision of the statute (Laws 1913, p. 722, sec. 3) is: “On receipt of said petition, it shall be the duty of the county superintendent to visit said community and investigate the needs of the community and determine the exact boundaries of the proposed consolidated district. In determining these boundaries, he shall so locate the boundary lines as will in his judgment form the best possible consolidated district, having due regard also to the welfare of adjoining districts.”

From this provision it clearly appears that it is not intended that the petition shall fix absolutely the boundaries, of the proposed district. In fact, it appears that the chief function of the petition is to call the attention of the county superintendent to a community twenty-five of whose resident citizens desire to organize a consolidated district. It is the duty of the superintendent to determine (subject to limitations not affecting the question being considered) the exact boundaries of the district, the organization of which is to be submitted to the voters therein. Besides the absence of positive restrictions founded upon boundary lines of existing districts, the very fact that the superintendent is admonished to have “due regard also to the welfare of the adjoining districts” is a clear intimation- that such districts are not excluded from, at least, partial inclusion in the district as he shall lay it out. Provision is also made (Sec. 5, Laws 1913, p. 723) for the annexation to other districts of remaining portions of districts, parts of which have been included in the new district.

[198]*198There is no infringement of any constitutional right of a district, part of which is taken. This is true despite the fact that the voters resident in that part not included in the new district do not vote upon the question of organization. The Legislature is empowered to provide the methods of forming new districts and changing boundary lines of old ones (State ex rel. v. Andrae, 216 Mo. l. c. 630) and of dividing existing districts (R. S. 1909, sec. 10842), and there is perceived no constitutional objection to the method of consolidation provided by the Act of 1913, interpreted as above stated. Cities can constitutionally be authorized to extend their limits without a submission of the question of extension to others than citizens of the city involved (Hislop v. Joplin, 250 Mo. 588, and cases cited); and no constitutional provision is pointed out which forbids the taking of parts of several school districts into a consolidated district upon the affirmative vote of the qualified voters residing in the whole territory proposed to be organized into a consolidated district, including the parts of districts so proposed to be incorporated.

Notice according to the statutory requirements was given in this case and its sufficiency is not questioned. The voters within the territory delimited by the county superintendent in this case, after legal notice, voted to organize the district. The statute gave them that right and gives no one outside that territory the right to object because he was not consulted. It was error to hold otherwise.

People v. Darrough, 266 Ill. 506, is not in point. Under the statute involved in that case, the petition fixed the boundaries of the proposed district. Under our statute this is not the case. Neither is the decision in Smith v. State ex rel. Cole, 149 Pac. (Okla.) 884, applicable. In that case, the statute involved required that the petition be signed by one-half of the qualified voters in each of the districts proposed to [199]*199be affected. That statute is wholly unlike ours. The statute discussed in People v. Keigwin, 256 Ill. 264, required the consent of two-thirds of the voters of each district affected before consolidation could be had. No similar requirement is found in our statute. The trial court erred in its ruling upon this phase of the case.

Certification. III. The trial court held that the certificate required by section 3 of the Act of March 14, 1913, to be made out and filed with the county , , , . clerk and county superintendent was insufficient as a matter of law.

The act requires (Laws 1913, pp. 722, 723, sec.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Strom v. Automobile Club Inter-Insurance Exchange
952 S.W.2d 794 (Missouri Court of Appeals, 1997)
Lustrelon, Inc. v. Prutscher
428 A.2d 518 (New Jersey Superior Court App Division, 1981)
State v. Boner
186 N.W.2d 161 (Supreme Court of Iowa, 1971)
Glasgow School District No. 60, Howard County v. Marshall
333 S.W.2d 547 (Missouri Court of Appeals, 1960)
State v. Pilkinton
310 S.W.2d 304 (Missouri Court of Appeals, 1958)
Reorganized School District No. R IV of Carroll County v. Williams
289 S.W.2d 126 (Missouri Court of Appeals, 1956)
State ex inf. Taylor v. Pretended Consolidated School District No. 3
240 S.W.2d 946 (Supreme Court of Missouri, 1951)
Higby v. Hooper
221 P.2d 1043 (Montana Supreme Court, 1950)
State v. Pretended Consolidated School District Number One
223 S.W.2d 484 (Supreme Court of Missouri, 1949)
State Ex Rel. Consolidated School District No. 8 v. Smith
121 S.W.2d 160 (Supreme Court of Missouri, 1938)
School District of Oakland v. School District of Joplin
102 S.W.2d 642 (Supreme Court of Missouri, 1937)
State Ex Rel. Consolidated School District No. 9 v. Thompson
30 S.W.2d 603 (Supreme Court of Missouri, 1930)
State Ex Inf. Mansur v. McKown
290 S.W. 123 (Supreme Court of Missouri, 1926)
State Ex Inf. Attorney-General v. Foxworthy
256 S.W. 466 (Supreme Court of Missouri, 1923)
Beauchamp v. Consolidated School District No. 4
247 S.W. 1004 (Supreme Court of Missouri, 1923)

Cite This Page — Counsel Stack

Bluebook (online)
181 S.W. 50, 266 Mo. 191, 1915 Mo. LEXIS 120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-inf-carnahan-v-jones-mo-1915.