Buena Vista Special School Dist. v. Board of Election Com'Rs of Carroll County
Decision Date | 28 May 1938 |
Citation | 116 S.W.2d 1008 |
Parties | BUENA VISTA SPECIAL SCHOOL DIST. et al. v. BOARD OF ELECTION COM'RS OF CARROLL COUNTY et al. |
Court | Tennessee Supreme Court |
Appeal from Chancery Court, Carroll County; Tom C. Rye, Chancellor.
Suit to enjoin an election by the Buena Vista Special School District and others against the Board of Election Commissioners of Carroll County and others. From a decree overruling a demurrer to the bill, the defendants appeal.
Decree modified and cause remanded with directions.
G. C. Crider and W. H. Lassiter, both of Huntingdon, for appellants, Board of Election Commissioners et al.
Peeler & Peeler, of Camden, for appellees, Buena Vista Special School District et al.
From a decree overruling a demurrer to the bill the defendants have appealed to this court.
By chapter 329 of the Private Acts of 1919 the Buena Vista Special School District was established, the officers consisting of a board of five members who were placed in charge of the schools in said district. Chapter 552 of the Private Acts of 1937 authorized an election to be held by the qualified voters of this school district for the purpose of determining whether or not the school district should be managed by the county board of education or whether management should continue in the old board of directors. The Act provided that if a majority of the votes were for the change indicated "the School District will be operated by the County Board of Education of Carroll County, Tennessee, and be vested with all of the power and authority vested in said Board of Directors of the Buena Vista Special School District," and that the board of directors of the school district "shall cease to function and exist and is abolished." Section 4. The Act provided for the calling of one election only. Accordingly if the election went against the change, the Act was without effect.
In this suit the constitutionality of the Act of 1937 was attacked on several grounds and, as stated heretofore, the chancellor overruled a demurrer to the bill.
While the Act is framed somewhat differently from others previously invalidated by the court, it is obvious that the Act will derive any efficacy it may have from a favorable popular vote. An unfavorable vote leaves the Act nugatory. The case, therefore, falls within the authority of Wright v. Cunningham, 115 Tenn. 445, 91 S.W. 293, and Arthur v. State, 148 Tenn. 434, 256 S.W. 437, in which cases it was held that no legislative Act can be so framed as that it must derive its efficacy from a popular vote.
The court has recently gone over this matter in Clark et al. v. State ex rel. Bobo, 172 Tenn. 429, 113 S.W.2d 374, approved the rule stated, and distinguished that particular case from previous cases falling under the rule.
The chancellor was therefore correct in his conclusion that the Act of 1937 was unconstitutional. An injunction was granted, however, restraining the...
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