Baker v. Scranton Independent School Dist., 3230

• Decision Date: 17 February 1956
• Docket Number: No. 3230,3230
• Citation: 287 S.W.2d 210
• Court: Texas Court of Appeals
• Parties: Weldon BAKER, Appellant, v. SCRANTON INDEPENDENT SCHOOL DISTRICT, Appellee.

Page 210

287 S.W.2d 210

Weldon BAKER, Appellant, v. SCRANTON INDEPENDENT SCHOOL DISTRICT, Appellee.

No. 3230.

Court of Civil Appeals of Texas, Eastland.

Feb. 17, 1956.

W. B. Wright, Cisco, for appellant.

Frank Sparks, Eastland, for appellee.

COLLINGS, Justice.

This is a contest of an election held on September, 2, 1955, by the Scranton Independent School District, located in Eastland and Callahan Counties, Texas, to determine whether the Board of Trustees of the school district should be empowered to levy and collect annual maintenance tax and whether building bonds in the sum of $28,000 should be issued. The bonds were approved by a vote of 51 for and 26 against, and the maintenance tax was approved by a vote of 55 to 24. The contest was brought by appellant Weldon Baker. He alleged irregularities in posting notices of the election, illegal votes cast and noncompliance with statutes in the conduct of the election. The case was tried before the court without a jury and judgment rendered establishing the validity of the election and of the bonds. Weldon Baker has appealed.

Appellant first contends that it is established by uncontroverted evidence that the notices of election were not posted as required by law and that the court therefore erred in rendering judgment sustaining the validity of the election. We cannot agree with this contention. Article 2785, Vernon's Annotated Civil Statutes, provides that elections within school districts for the issuance of bonds must be publicized by posting 'notices thereof in three (3) places in the district for ten (10) days prior thereto * * *.' These notices were posted within the district for the length of time provided by the statute. One notice was posted on a telephone pole on the right-of-way of a farm to market road at the Eastland-Callahan County Line. Another was posted on the school house door at Scranton where the district maintains its school. The school year began during the posting period. A third notice was posted on a telegraph pole at the intersection of the Scranton-Nimrod-Cisco Highway. The evidence indicates that these notices were posted in conspicuous places where notices of election in the community were usually posted, and in the best places available for publicizing an election. Such posting of the election notices was in compliance with the statute. Appellant's first point is overruled.

Appellant contends that the court erred in failing to hold the election void because of irregularities and omissions on the part of the election officials. It is pointed out that the election officials did not have a certified list of the property owners as required by Article 5.04, Vernon's Annotated Civil Statutes, Election Code; that the voters were not required to furnish their poll tax receipts as required by Article 8.07 of the code; that although stub and ballot boxes were used they were not sealed as required by Article 8.15 and, although the ballot boxes were locked as required by Article 8.19, the key was left hanging on the box.

Appellant also contends that the election should be held void because of the participation of unqualified voters.

Although the evidence shows the existence of irregularities in holding the election and that illegal votes were cast, appellant's contention that the election was void is not well taken. The...