Appeal from District Court, Liberty County; J. L. Manry, Judge.
PER CURIAM.
Hull and Daisetta are two prosperous towns about two miles apart in the Hull independent school district of Liberty county, which contains about 19,000 acres of land, and was so incorporated by
the Thirty-Seventh Legislature. Acts 1921, c. 74. Hull has a population of about 1,000, and Daisetta is larger and has a larger voting population. During the year 1922 the Hull independent school district voted a bond issue in the sum of $100,000 "for constructing and equipping a high school building." This case grows out of a dispute between the two towns on the location of the high school. The trustees of the Hull independent school district, in the discharge of their duties, acquired four acres of land in the town of Daisetta, about 2¼ miles from the town of Hull, and dedicated it to this purpose. Also they entered an order providing for a grammar school at Hull and a high school at Daisetta, pending the settlement of the school question. The citizens of Hull duly appealed from this order to the county superintendent, who disposed of the issues before him by the following order:
"In the Matter of Appeal of S. E. Bevers et al. v. O. L. Winfrey et al.
"Hull Independent School District, Liberty County, Texas.
"Be it remembered that on the 10th day of January, A. D. 1923, the above-entitled matter came on for consideration before me, all parties appearing in person and by attorneys. All demurrers and exceptions urged by the respondents O. L. Winfrey et al. were overruled, and I believe and decide that this case is properly before me, on appeal from the orders of the board of school trustees of the Hull independent school district, to which order and ruling respondents excepted.
"After the evidence and argument of counsel, on this the 11th day of January, A. D. 1923, I am of the opinion that at this time and under present circumstances, the high school building should be located and erected upon the Humble four-acre tract heretofore purchased and fully paid for by the Hull independent school district, for, among others, the following reasons, to wit:
"(1) Because said point is approximately the geographical center of the district in question, and (2) because it is a high well-drained suitable ground for such building and school campus, etc. Further, I decide and find that the point west of the public road approximately 1,682 feet from the north line of the Chas. Underton survey is not a desirable or proper place for the erection of a permanent High School building in said district.
"Further, I find that the respondents herein, O. L. Winfrey et al., were not guilty of fraud, gross abuse of discretion, or moral delinquency when they decided to purchase the Humble four-acre tract for the purpose of erecting thereon the high school building contemplated when the bonds in question were voted and issued.
"Further, the question of how this $100,000 bond money is to be apportioned or used by the Hull independent school district is not raised by the pleadings in this case. As a matter of adjustment of the differences between the patrons and school trustees of this district, I recommend that a high school building be erected on the Humble four-acre tract, and a grammar school building of a permanent nature, of brick if possible, and of such size as will adequately care for such students as may be attending the school maintained in the town of Hull proper, consisting of a building of seven or eight rooms, be erected in the town of Hull proper to avoid the necessity of the smaller children residing at Hull having to go to the high school at Daisetta, as only one road seems to be available for use between the two places, which carries heavy traffic through a low, wet, marshy section. Manifestly, the details and the cost of construction of the buildings to be erected in the Hull independent school district, whether the high school building or any other buildings, cannot be determined at this time, but must be left largely to the discretion of those in authority under the law passing upon such matters, but I believe that the amount of money now on hand with the treasurer of the Hull independent school district is sufficient to erect a proper high school building on the four-acre tract above mentioned and to give to the grammar school building to be erected at Hull a brick building.
"Given under my official hand, this 11th day of January, A. D. 1923. [Signed] V. W. Carter, Supt. of Schools, Liberty County, Texas."
The citizens of Hull prosecuted their appeal to the county school board of trustees from the decision of the county superintendent, which board sustained the county superintendent by the following orders:
"S. E. Bevers et al. v. O. L. Winfrey et al.
"Before the County School Board of Liberty County, Texas. February 10, 1923.
"After hearing the testimony before the county superintendent and taking into consideration the testimony submitted before us, and after a visit to the Hull independent school district, and viewing the situation, we unanimously sustain the county superintendent's ruling in definite form.
"We unanimously rule that a high school building be established on the Humble four-acre tract, and a primary school be built at Hull, consisting of seven or eight rooms. Both buildings to be of substantial nature of brick or concrete.
"We also ask that the injunction be dissolved.
"[Signed] W. F. Van Dorn, President."
"Called Session of the County Board of Trustees.
"County of Liberty, State of Texas.
"February 17, 1923
"We, the county school board of trustees of Liberty county, met for the purpose of granting a new hearing to said W. W. Cruse on his petition dated February 10, 1923.
"No new evidence produced.
"After hearing counsel from both sides the meeting adjourned, and the board went into executive session with W. F. Van Dorn, president, and G. H. Bailey, secretary.
"We unanimously vote that the school board of the Hull independent district erect a high school building at Daisetta, on the Humble tract, and a grammar school at Hull of eight rooms, both buildings to be of substantial construction either brick, tile, or concrete. We ask that the injunction be dissolved, on the ground that from general observation of this
board by which we found that the wants and needs of the school children were in some cases inadequately supplied.
"We pray for immediate relief.
"[Signed] G. H. Bailey, Secretary
"W. F. Van Dorn, President."
The Hull citizens then prosecuted their appeal to the state superintendent of public instruction, who entered the following order on the issues before him:
"In re S. E. Bevers et al. v. O. L. Winfrey et al.
"State of Texas, County of Travis — ss.:
"The above-mentioned case relates to the location of a high school building in the Hull independent school district in Liberty county, Texas.
"A trial of this case has been held before the county superintendent of schools of Liberty county and the county board of school trustees of said county. The material facts developed in the trial of the case are as follows:
"1. The Hull independent school district issued bonds for the purpose of constructing and equipping a high school building for the school of said district.
"2. The oil town of Daisetta is located about two miles from the town of Hull, and at the present time has a school with an enrollment of about 300; the school in the town of Hull has an enrollment of 180, and a one-teacher school south of Daisetta has an enrollment of approximately 30.
"3. Bonds for constructing and equipping a high school building have been issued and sold.
"4. It is claimed by appellees that the building should be located in the town of Daisetta: First, because this location would be more convenient to the larger number of children within the district; second, for the reason that the land has a greater elevation in Daisetta than in the town of Hull or between the two towns; and, third, the board of trustees has secured title in fee simple to four acres of land as a suitable site for the building.
"The appellants claim that the town of Daisetta, being an oil town, is temporary in the character of its population; that no permanent buildings have been erected in said town; that the residents are transient and should not be permitted to determine the location of an expensive school building for the future when there is no assurance that the town is permanent. They also claim that a suitable site can be secured either one-half mile south of the town of Hull or approximately one mile south of said town, which latter location would be about midway between the towns of Hull and Daisetta; that the town of Hull is on the railroad, that it has a bank, post office, brick buildings, and other indications of permanency.
"The county superintendent of Liberty county decided that two buildings should be constructed, one a grammar school in the town of Hull, and the other a high school in the town of Daisetta. The county school board, after making a personal examination of the sites in question, sustained the decision of the county superintendent of public instruction, and additional testimony was taken, a transcript of which was made and became a part of the record.
"An examination of the transcript of the bond record in the office of the comptroller of the state of Texas disclosed...
