State ex rel. Reorganized School District No. 4 v. Holmes

231 S.W.2d 185, 360 Mo. 904, 1950 Mo. LEXIS 658
CourtSupreme Court of Missouri
DecidedJune 13, 1950
DocketNo. 41955
StatusPublished
Cited by16 cases

This text of 231 S.W.2d 185 (State ex rel. Reorganized School District No. 4 v. Holmes) 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. Reorganized School District No. 4 v. Holmes, 231 S.W.2d 185, 360 Mo. 904, 1950 Mo. LEXIS 658 (Mo. 1950).

Opinion

TIPTON, J.

This is an original proceeding in mandamus wherein the relator seeks to compel the respondent, as State Auditor of Missouri, to register and certify, under Section 3306, R. S. Mo., 1939, an issue of relator’s bonds in the amount of $212,000.

The relator is a reorganized school district formed under the provisions of a statute enacted in 1947. This statute is commonly known as Senate Bill 307 and throughout this opinion it will be referred to as S. B. 307. (Laws of 1947, Vol. 2, pp. 370-377, Mo. R. S. A., Secs. 10449.1-10449.15.) The respondent’s return raises several reasons why the statute under which the relator was organized is unconstitutional, and further states that S. B. 307 does not authorize a reorganized school district formed thereunder to incur indebtedness or to vote and issue bonds. For these reasons respondent contends that he has rightfully refused to register and certify these bonds.

The first contention of respondent is that S. B. 307 violates Art. III, Sec. 23 of our 1945 Constitution, which provides that “no bill shall contain more than one subject which shall be clearly expressed in its title * * *."

The title to S. B. 307 is as follows:

“AN ACT to repeal Sections 10442, 10444, 10445, 10446, 10447, 10448 and 10449 of Article 4, Chapter 72, Revised Statutes of Missouri, 1939, and to repeal Section 10443 of an Act of the Sixty-third General Assembly found in Laws of Missouri, 1945, Page 1658, approved February 2, 1946, all relating to county reorganization boards, and ta enact in lieu thereof a new act creating county boards of education anc[ defining their powers and duties, and providing for the making of plans for the reorganization of school districts, authorizing state aid in construction of school buildings, and providing for free transportation of students under certain circumstances. ’ ’

The respondent contends in his return that S. B. 307 “embraces more than one subject in that it contains legislation pertaining to the following separate and distinct subjects:

“ (1) The creation of county boards of education and prescribing their powers and duties;

“(2) The preparation of a proposition for reorganization by the county board and the submission and approval of the same by the State Board of Education;

“(3) The submission of such proposition at an election;

“ (4) The granting of state aid to the reorganized school district.”

We think'the outline of S. B. 307 just quoted from the respondent’s return shows that this act relates to but one subject, namely, reorganized school districts. We have uniformly ruled that where all the provisions of a statute fairly relate to the same subject, have a [916]*916natural connection with, it, are the incidents-, or means of accomplishing it, then the subject is single. Ewing v. Hoblitzelle, 85 Mo. 64; Edwards v. Business Men’s Assurance Co., 350 Mo. 666, 168 S. W. 2d 82; State ex rel. Transport Mfg. & Equipment Co. v. Bates, 359 Mo. 1002, 224 S. W. 2d 996.

The respondent also contends the subject of S. B. 307 is not clearly expressed in its title as required by Art. Ill, Sec. 23, supra.

It is the respondent’s contention that the title to the act pertains only to the plans of reorganization - of school districts while the act also pertains to the actual'’reorganization of school districts and, therefore, the -title of the act is- less- comprehensive than the act itself.

In support of this contention the respondent cites State ex rel. City of Chillicothe v. Gordon, 233 Mo. 383, 135 S. W. 929; and State ex rel. St. Louis County v. Gordon, 268 Mo. 713, 188 S. W. 160. The State ex rel. Chillicothe case involved the issuance of bonds for an electric light plant under the provisions of See. 3 of an act of the General Assembly, found in the Laws of 1897, page 49. The title to that act purported to specifically enumerate all the powers intended to be granted, and as the words, “to maintain and operate,”1 were not in the title we held that those powers were by necessary implication excluded and that that part of the act that purported to grant power to issue bonds to maintain and operate an electric light plant was unconstitutional because the subject of the act was not clearly expressed in the title' of the' act. In other words, the title descended into" details and particularity and did not refer to the maintenance and operation-of the electric light plant.

In the State ex rel. St. Louis County case, supra; a law dealing with county roads passed in 1907, found in- Laws of 1907, page 411, was before this Court. The title to the act also descended into details and particularity. “It refers in short only to the-manner of getting the money, not the maimer'of expending same when gotten.” 188 S. W. l. c. 163. While Secs. 4 and 5 dealt in detail with the making of the contract, the building of roads and bridges, the appointment of a special engineer and road builder, designated his duties, etc., we held that the title ■ did not include these items and, therefore, the title to the act was not clearly expressed and that these sections were void.

In State ex rel. Fire District of Lemay v. Smith, 353 Mo. 807, 184 S. W. 2d 593, l. c. 596, we said:

“Where the title of an act descends to particulars, the particulars stated ordinarily become the-subject -of the act and the act must conform to the title as expressed' by the particulars. Where the title goes into such -detail as' would- reasonably lead to the belief that nothing was included except that: which is specified then any matter not specified is not within the title. Any such matter beyond [917]*917the title is void because of Section 28, Article IV of the Constitution. Hunt v. Armour & Co., 345 Mo. 677, 136 S. W. 2d 312; Fidelity Adjustment Co. v. Cook, 339 Mo. 45, 95 S. W. 2d 1162; Graves v. Purcell, 337 Mo. 574, 85 S. W. 2d 543.”

However, we are of the opinion that the cases just discussed are not controlling because the title to the act under consideration does not descend to particulars within the scope of the rule announced in these cases.

“In adopting a title the legislature may-select its own language, and may use few or many words. It is sufficient that the title fairly embraces the subject-matter covered by the act; mere matters of detail need not be stated in the title.” State ex rel. Attorney General v. Miller, 100 Mo. 439, l. c. 445-446. If the title is a fair index to all that is embraced in the statute, then it complies with the constitutional mandate that the title clearly express the subject of the bill.

We think the title to the act is general and not particular. Excluding the repealing phrases, it reads, “* * * all relating to county reorganization boards, and to enact in lieu thereof a new act creating county boards of education and defining their powers and duties, and providing for the making of plans for the reorganization of school districts, authorizing state aid in construction of school buildings, and providing for free transportation of students under certain circumstances.” We think it fairly embraces the subject matter of S. B. 307 which very briefly calls for preparation of a county-wide plan of reorganization, its submission to and approval by- the State Board of Education, its submission to the voters of the reorganized districts, and other details mentioned in this bill. In other words, the title includes not only the plans of reorganization of school districts but also the actual reorganization of school districts.

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Bluebook (online)
231 S.W.2d 185, 360 Mo. 904, 1950 Mo. LEXIS 658, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-reorganized-school-district-no-4-v-holmes-mo-1950.