Beauchamp v. Consolidated School District Number 4 of Livingston County

• Decision Date: 02 February 1923
• Parties: J. W. BEAUCHAMP, Appellant, v. CONSOLIDATED SCHOOL DISTRICT NUMBER 4 OF LIVINGSTON COUNTY et al
• Court: Missouri Supreme Court

247 S.W. 1004

297 Mo. 64

J. W. BEAUCHAMP, Appellant, v. CONSOLIDATED SCHOOL DISTRICT NUMBER 4 OF LIVINGSTON COUNTY et al

Supreme Court of Missouri

February 2, 1923

Appeal from Livingston Circuit Court. -- Hon. Arch B. Davis, Judge.

Affirmed.

Lewis A. Chapman and Frank Sheetz for appellant.

(1) The school district was not authorized under the law to borrow money and issue its bonds therefor to pay for "remodeling" the school building. The powers of the school district are wholly statutory, and the whole power to borrow money and issue its bonds are found in Section 11127, Revised Statutes 1919. The word "remodel" is not found in this law. School districts are public quasi-municipal corporations. They are municipal corporations of the most limited powers known to the law. They are the mere agents of the State for the sole purpose administering the State system of public education, and have only such powers as are conferred on them expressly or by necessary implication. All who deal with them are charged with notice of the scope of their authority. 24 R. C. L. pp. 564, 565; Pass School District v. Hollywood School District, 24 L. R. A. (N. S.) 485; Pasadena School District v Pasadena, 36 Ann. Cases 1915, B, p. 1039. (2) The Legislature has authorized schools to borrow money and issue bonds in payment therefor for certain purposes, to-wit: for purchasing school-house sites, erecting schoolhouses and furnishing the same; building additions to or repairing old buildings. This is the only law. Money cannot be borrowed for only the purposes named or one or more of them, and bonds issued in payment therefor. Bonds issued by a school board for a purpose not authorized by the law are void. The bonds proposed to be issued in this case were not authorized. Board of Education v. Blodgett, 155 Ill. 441, 31 L R. A. 70; School District v. St. Joseph Fire & Marine Insurance Co., 26 L.Ed. 601; Clegg v. School District, 8 Neb. 178; 5 McQuillin, Municipal Corporations, 4819. (3) No such word as "remodel" is found in the law authorizing the issue of bonds in payment of money borrowed. To "remodel" a school building is not one of the purposes named for which school districts are authorized to issue its bonds. The word "remodel" is not the same in meaning as the word "repair." They are not synonymous. "Repair" means that work that is done to property to keep it in good order; to restore it to a sound condition after decay, injury, dilapidation or partial injury. The meaning of the word "remodel" is to change the form of; to fashion anew. "Repairing" and "remodeling" are neither included in the word "building." "Repair means to restore to its former condition, not to change the form or material of a building." Sec. 11127, R.S. 1919; State ex rel. v. Railroad Co., 85 Mo. 263; 34 Cyc. 1336, 1338; Mayvill v. Rosing, 19 N.D. 98; Vol. 4, Second Series, Words and Phrases, 262; Century Dictionary, vol. 6, p. 5071; Ardes Co. Oil Co. v. Richardson, 63 Pa. 162; 3 Bouvier Law Dictionary (Rawle's 3 Rev. Ed.) 2886. (4) The evidence shows that the election was not ordered by the board of education. The proposition to borrow and issue bonds in payment therefor shall be submitted by the board of education, to the voter at either the annual meeting or a special meeting or election to be held for that purpose. The evidence shows that the board failed to order the proposition to be submitted at either the annual election or a special election, called to vote on the question of the loan. It was in the power of the school board, and no one else, to have the proposition submitted to the voters, under Sec. 11127, R.S. 1919. The law does not contemplate that the secretary shall determine the election at which the proposition for a loan shall be submitted. The board failed to submit the matter at any election, but they failed to designate the place for holding the election. The whole business was left to the secretary or clerk. While the law provides that the annual election in consolidated school districts shall be held at a place to be designated by the board, the board failed to designate the place. The board did nothing but pass the motion that the question of loan and the issue of bonds for repairing, remodeling and equipping the present school building be submitted to the voters, and neither provided for the election or the place of holding the same. Secs. 11127, 11251, R.S. 1919; Thornburg v. District, 175 Mo. 12. (5) The proposition submitted three in number as a single proposition. The three propositions were as follows, to-wit: first, repairing the school building; second, remodeling the school building, and, third, equipping the school building. This was erroneous. They should have been submitted as separate propositions and the amounts of money for each should have been separated. State ex rel. v. Gordon, 268 Mo. 321; State ex rel. v. Speer, 284 Mo. 60.

Schmitz & Marshall for respondent.

(1) The board in this proceeding was acting and acted under Sec. 11127, R.S. 1919. The purposes for which this money was being borrowed and these bonds issued come within the purposes named in the statute. There is no necessity that the purpose for which bonds are to be issued should be stated in exactly the same language as that used in the statute, and this cannot affect the legality of the proceedings if the purposes for which the bonds are being issued do actually come within the purposes named in the statute. (2) The words as used by laymen, boards of directors, are not to be given technical legal definitions but are to be understood in their ordinary accepted meaning. School matters are handled by laymen not versed in law or the technicalities thereof, and the school law and statutes governing school matters are designed as a workable method for carrying into effect the wishes of plain, honest, worthy citizens not specially learned in the law and no strict or technical construction is to be put upon it. State ex rel. Morrison v. Simms, 201 S.W. 910; State ex inf. v. Jones, 266 Mo. 191; State ex inf. v. Clardy, 267 Mo. 371; State ex rel. v. Job, 206 Mo. 34. (3) The provision in the order of the Board submitting the bond proposition to the voters and the designation in the notices posted by the clerks, the election was to be held "at the voting room in the Town of Avalon," under the facts as shown by the evidence in this case, is sufficient. The statute does not require that the polling place be stated in the election notice, and if the statute does not require it an election will not be held illegal because of failure to state the polling places. Sec. 11251, R.S. 1919; O'Laughlin v. City of Kirkwood, 107 Mo.App. 302; State ex rel. v. Ross, 160 Mo.App. 682; Bauch v. City of Cabool, 165 Mo.App. 486; State ex rel. v. Phillips, 193 Mo.App. 510; State ex rel. v. Gordon, 242 Mo. 615; State ex rel. v. Hackmann, 273 Mo. 670; State ex rel. v. Hackmann, 277 Mo. 56. (4) If the statutes should be construed to require the election notice to state the polling place in an election of this kind, then the designation of the polling place as "the voting room in Avalon" would be sufficient in view of the fact that a certain hall has been used for the voting place of elections of the same kind and for all other elections for a number of years. State ex rel. Memphis v. Hackmann, 273 Mo. 670; Breuninger v. Hill, 277 Mo. 239; State ex inf. v. Jones, 266 Mo. 191; State ex inf. v. Clardy, 267 Mo. 371; State ex rel. Morrison v. Simms, 201 S.W. 910; State ex rel. v. Job, 206 Mo. 34. (5) If three propositions were submitted as a single proposition, they were so naturally and closely related that they converge into one purpose and were not independent propositions. State ex rel. Wahl v. Speer, 284 Mo. 45. (6) The board of education can by a nunc pro tunc entry correct the original insufficiency of the minutes and has exclusive jurisdiction over its minutes and proceedings to make them conform to the facts. State ex rel. School District v. Hackmann, 277 Mo. 56. (7) The words "repair" and "remodel" are in common usage used as interchangeable words. "Repair" has often been defined to mean "to mend," "add to," or "make over." Farrah v. City of Keokuk, 111 Iowa 310; Western Paving & Supply Co. v. Citizens Str. Co., 128 Ind. 525, 10 L. R. A. 770, 25 Am. St. 462.

OPINION

In Banc.

JAMES T. BLAIR, J.

This is a suit to enjoin respondent district and its officers and directors from issuing and selling certain bonds pursuant to an election held in the district. The trial court refused to grant an injunction, and this appeal followed.

Appellant is a resident taxpaying citizen of the respondent Consolidated School District. March 16, 1922, there was a meeting of the directors of the district, which all attended save one who was notified but could not be present. Among other things the board voted to "submit to the qualified voters of Consolidated District No. 4 a proposition to authorize the school board to issue bonds to the amount of $ 6000, to be payable in five years," within interest not "to exceed five per cent, for the purpose of repairing, remodeling and equipping the school building in Consolidated District No. 4, situated in the town of Avalon, Livingston County, Mo." On the following day notices were prepared and posted to the effect, among other things, "that the annual school meeting of said district will be held at the voting room in Avalon on Tuesday, the Fourth of April, 1922, and that "the following will be proposed and considered: . . . (4th) To authorize the school board to issue bonds to the amount," and thenceforward this part of the notice follows the order of the board as already quoted. The election was held, and the fourth proposition received more than two-thirds of the votes. The...