State Ex Rel. Enright v. Connett

475 S.W.2d 78
CourtSupreme Court of Missouri
DecidedJanuary 10, 1972
Docket56737
StatusPublished
Cited by13 cases

This text of 475 S.W.2d 78 (State Ex Rel. Enright v. Connett) 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. Enright v. Connett, 475 S.W.2d 78 (Mo. 1972).

Opinions

FINCH, Chief Justice.

This case, written on reassignment, is an original proceeding in prohibition. Rela-tors seek to prohibit respondent judge from enforcing his peremptory writ of mandamus wherein he ordered an at large election in a junior college district to elect two trustees, who, according to the writ of mandamus, were required to be residents of what we shall refer to as the rural component district. We must decide herein whether, in so doing, respondent exceeded his jurisdiction and authority, but we also must rule on the underlying question of whether that portion of the Junior College District Act (§§ 178.770-178.890, V.A. M.S.) held unconstitutional in Hadley v. Junior College District, 397 U.S. 50, 90 S.Ct. 791, 25 L.Ed.2d 45, is separable from the remainder of the Act so as to leave standing a complete and enforceable statute. We conclude that the portion of the statute held unconstitutional is separable and that respondent judge did exceed his jurisdiction and authority. Accordingly, our provisional rule in prohibition should be made absolute.

In 1961 the General Assembly enacted the Junior College District Act, referred to [79]*79above. It authorized the formation of junior college districts in Missouri, and in § 178.820 specified how and whence trustees were to be elected.1 As will be noted, this section commences with the provision that six trustees shall be elected at large. This direction is followed by provisos which state that if the junior college district contains a school district (or districts) wherein certain specified percentages of the total school enumeration are located, the trustees are to be elected from specified component districts rather than at large. The section also provides that “Candidates for the office of trustee shall be citizens of the United States, at least thirty years of age who have been resident taxpayers of the proposed district for at least one whole year preceding the election,” but then goes on to provide additionally that if trustees are to be elected other than at large, they must be resident taxpayers of the election district in which they are to run.2

In 1965 the Missouri Western Junior College District was formed. It included the St. Joseph School District plus certain additional outlying areas. The St. Joseph School District contained approximately eighty per cent of the total school enumeration in the proposed Junior College District, and consequently, pursuant to § 178.-820, four trustees were elected from the St. Joseph School District and the two remaining trustees were elected from the remainder of the district, which we refer to as the rural component district. It was determined by lot that the trustees elected from the St. Joseph School District should serve terms of two and four years, respectively, and that William W. Schneider and John W. Newhart, the trustees elected from the rural component district, should serve [80]*80six year terms. Thus, their terms ran from 1965 to 1971, at which time they filed declarations of intent to be candidates to succeed themselves as trustees from the rural component district.

Meanwhile, on February 24, 1970, in Hadley v. Junior College District, supra, the Supreme Court of the United States, in a case involving the election of trustees in a junior college district in the Kansas City area, considered whether the component district plan in the Missouri Junior College Act violated the so-called “one man, one vote” principal. In ruling upon that question, the Supreme Court said of § 178.820 as follows, 397 U.S. l. c. 56, 90 S.Ct. l. c. 795:

“Although the statutory scheme reflects to some extent a principle of equal voting power, it does so in a way that does not comport with constitutional requirements. This is so because the Act necessarily results in a systematic discrimination against voters in the more populous school districts. This discrimination occurs because whenever a large district’s percentage of the total enumeration falls within a certain percentage range it is always allocated the number of trustees corresponding to the bottom of that range. Unless a particular large district has exactly 331/$ %, 50% or 66⅜% of the total enumeration it will always have proportionally fewer trustees than the small districts. As has been pointed out, in the case of the Kansas City School District approximately 60% of the total enumeration entitles that district to only 50% of the trustees. Thus while voters in large school districts may frequently have less effective voting power than residents of small districts, they can never have more. Such built-in discrimination against voters in large districts cannot be sustained as a sufficient compliance with the constitutional mandate that each person’s vote count as much as another’s, as far as practicable. Consequently Missouri cannot allocate the junior college trustees according to the statutory formula employed in this case.”

On March 5, 1971, Schneider and New-hart filed their declarations as candidates to succeed themselves as trustees from the rural component district. A dispute- arose as to whether an election should be held in 1971 or 1972 3 and the board did not order such election. As a result, Schneider and Newhart on March 12, 1971, filed in the Circuit Court of Buchanan County a petition for writ of mandamus requesting that an election be ordered in the rural component district.

The Circuit Court issued its alternative writ of mandamus ordering an election in the rural component district and publication for such election was started. Thereafter, after a hearing, but without any amendment of the petition for writ of mandamus by Schneider and Newhart, the respondent judge issued his peremptory writ of mandamus ordering an at large election in the entire junior college district but directing that the two trustees to be elected must be residents of the rural component district. Respondent in his Findings and Conclusions recognized that under Hadley he could not order an election in the rural component district as he had sought to do in his alternative writ of mandamus. However, citing and relying on Dusch v. Davis, 387 U.S. 112, 87 S.Ct. 1554, 18 L.Ed.2d 656, respondent directed that candidates in the election must be residents of the rural component district.

Relators thereupon filed their petition for writ of prohibition and on March 31, 1971, our provisional rule in prohibition was ordered to issue.

[81]*81The first question for determination is whether that part of the Act held unconstitutional in Hadley is severable from the rest of the Act, or whether the decision in Hadley necessarily means that the entire Act must fall.

The general rule applicable in Missouri was stated in State ex rel. Audrain County v. Hackmann, 275 Mo. 534, 205 S.W. 12, 14, as follows:

“The test of the right to uphold a law, some portions of which may be invalid, is whether or not in do doing, after separating that which is invalid, a law in all respects complete and susceptible of constitutional enforcement is left, which the Legislature would have enacted if it had known that the exscinded portions were invalid.”

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State Ex Rel. Enright v. Connett
475 S.W.2d 78 (Supreme Court of Missouri, 1972)

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Bluebook (online)
475 S.W.2d 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-enright-v-connett-mo-1972.