State ex rel. Clark v. Gordon

170 S.W. 892, 261 Mo. 631, 1914 Mo. LEXIS 273
CourtSupreme Court of Missouri
DecidedNovember 17, 1914
StatusPublished
Cited by21 cases

This text of 170 S.W. 892 (State ex rel. Clark v. Gordon) 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 rel. Clark v. Gordon, 170 S.W. 892, 261 Mo. 631, 1914 Mo. LEXIS 273 (Mo. 1914).

Opinion

WOODSON, J.

This is an original proceeding in mandamus, instituted in this court by the relators,' the directors of Consolidated School District No. 1 of Daviess county, against John P. GHordon, State Auditor, to compel him to register and certify certain bonds of the district issued by it under section 10777, Revised Statutes 1909.

No question is raised as to the sufficiency of the pleadings, the proper formation of the district, the election of the directors or the regularity of the issuance of the bonds.

The sole questions here presented by respondent challenge the constitutionality of the Act of the Legislature of 1913, Laws 1913, pp. 721 to 725, under which the school district was organized.

Said act provides for the organization of consolidated schools and rural high schools, and provides State aid for such schools, with an emergency clause.

[635]*635The act consists of. nine sections and is found in Laws 1913, on pages 721 to 725*, and it reads as follows :

“Section 1. Consolidated district for elementary and high school ma-y be formed — The qualified voters of any community in Missouri may organize a consolidated school district for the purpose of maintaining both elementary schools and a high school as hereinafter provided. When such new district is formed it shall be known as consolidated district No. - of --county, and all the laws applicable to the organization and government of town and city school districts, as provided in article 4, chapter 106, of the Revised Statutes of Missouri, 1909, shall be applicable to districts organized under the provisions of this act.

“Sec. 2. Consolidated district — area and enumeration of. — No consolidated district shall be formed under the provisions of this act unless it contains an area of at least twelve square miles or has an enumeration of at least two hundred children of school age: Provided, that no district formed under the provisions of this act shall include within its territory any town or city district that at the time of the formation of said consolidated district has, by the last enumeration, two hundred children of school age.

“Sec. 3. Petition to form consolidated district filed with ivhom^-duties of county school superintendent — meeting—organization of. — 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. 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 [636]*636his judgment, form the best possible consolidated district, having due regard also to the welfare of adjoining districts. The county superintendent of schools shall call a special meeting of all the qualified voters of the proposed consolidated district for considering the question of consolidation. He shall make this call by posting within the proposed district ten notices in public places, stating the place, time and purpose of such meeting. At least fifteen days’ notice shall be given and the meeting shall commence at two o’clock p. m. on the date set. The county superintendent shall also post within said proposed district five plats of the proposed consolidated district at least fifteen days prior to the date of the special meeting. These plats and notices shall be posted within thirty days after the filing of the petition. The county superintendent shall file a copy of the petition and of the plat with the county clerk and shall send or take one plat to the special meeting. The special meeting shall be called to order by the county superintendent of schools or some one deputized by him to call said meeting to order. The meeting shall then elect a chairman and a secretary and proceed in accordance with section 10865, Revised Statutes 19091. The proceedings of this meeting shall be certified by the chairman and the secretary to the county clerk or clerks, and also to the county superintendent or superintendents of schools of all the counties affected. If the proposed consolidated district includes territory lying in two or more counties, the petition herein provided for shall be filed with the county superintendent of that county in which the majority of the petitioners reside. The county superintendent shall proceed as above set forth, and in addition shall file a copy of the petition and of the plat with the county clerk of each county from which territory is proposed to be taken.

[637]*637“Sec. 4. Transportation — may be voted on. — The question of transportation of pupils may be voted upon at the special meeting above provided for, if notice is given that such a vote will be taken. If transportation is not provided for in any school district formed under the provisions of this act, it shall then be the duty of the board of directors to maintain an elementary school within two and one-half miles by the nearest traveled road of the home of every child of school age within said school district: Provided further, that if transportation is not provided for, any consolidated district may, by a majority vote at any annual or special meeting, decide to have all the seventh grade and the eighth grade work done at the central high school building, provided fifteen days ’ notice has been given that such vote will be taken.. Such seventh and eighth grade work at the central school may be discontinued at any time by a majority vote taken at any annual or special meeting.

“Sec. 5. Parts of districts remaining after consolidation-procedure. — Whenever, by reason of the formation of any consolidated school district, a portion of the territory of any school district has been incorporated in the consolidated district, the inhabitants of the remaining parts of the districts shall proceed in accordance with section 10882, providing for the annexation to city school districts, and the consolidated district shall be governed by the same provisions as govern city school districts in such cases. The inhabitants of the remaining parts of the districts may also annex themselves to any other adjoining district or districts by filing a petition asking to be so annexed with the clerk or clerks of the district or districts to which they desire to be annexed, and by also filing a copy of all such petitions with the clerk of the county court.

“Sec. 6. Settlement of property — original districts to continue — boio long. — Whenever any consoli[638]*638dated district is organized under the provisions of this act, the original districts shall continue until June 30th following the organization of said consolidated district, and at that time all the property, money on hand, books and papers of the school districts whose schoolhouse sites are included within said consolidated district shall, by the officers of aforesaid districts, he turned over to the board of directors of the consolidated district, and also all bonds outstanding against the aforesaid districts shall become debts against the consolidated district. The division of property and money on hand, in case school districts are divided by the formation of any consolidated district, shall be governed by sections 10839 and 10840'.

“Sec. 7. State aid — token granted

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Bluebook (online)
170 S.W. 892, 261 Mo. 631, 1914 Mo. LEXIS 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-clark-v-gordon-mo-1914.