Grantham v. Board of Public Instruction of De Soto County

• Decision Date: 05 May 1919
• Citation: 82 So. 52,77 Fla. 540
• Parties: GRANTHAM et al. v. BOARD OF PUBLIC INSTRUCTION OF DE SOTO COUNTY et al.
• Court: Florida Supreme Court

82 So. 52

77 Fla. 540

GRANTHAM et al. v. BOARD OF PUBLIC INSTRUCTION OF DE SOTO COUNTY et al.

Florida Supreme Court

May 5, 1919

Appeal from Circuit Court, De Soto County; John S. Edwards, Judge.

Suit for injunction by Monroe Grantham and others against the Board of Public Instruction of De Soto County, Fla., a corporation, and the trustees of Pine Level Special Tax School District No. 23. Demurrer to bill sustained, and bill dismissed, and complainants appeal. Reversed.

Syllabus by the Court

SYLLABUS

If organic and statutory provisions for issuing bonds by special tax school districts are not observed, the proceedings will be ineffectual to authorize the issue of bonds.

Where a demurrer to a bill of complaint is sustained, and the public is interested in the subject-matter, the chancellor should give an opportunity to amend the bill, where there may be any reasonable grounds upon which relief may be prayed, even though leave to amend is not requested.

COUNSEL Leitner & Leitner, of Arcadia, for appellants.

John W Burton, of Arcadia, for appellees.

OPINION

WHITFIELD J.

Resident qualified electors, who are freeholders and taxpayers of the district, brought suit to enjoin the issue of bonds by the Pine Level special tax school district No. 23 of De Soto county upon grounds that qualified electors of the district who were freeholders were not allowed to vote at the election held January 8, 1917, because they had not paid their poll taxes for 1916; it being alleged that if such electors had been allowed to vote the result of the election would have been against issuing bonds. A demurrer to the bill of complaint was sustained, and the bill dismissed, no time for amendment being allowed. The complainants took an appeal.

The Constitution authorizes 'the division of any county * * * into convenient school districts,' and ordains that 'the Legislature may provide for special tax school districts, to issue bonds for the exclusive use of public free schools within any such special tax school district whenever a majority of the qualified electors thereof, who are freeholders, shall vote in favor of the issuance of such bonds,' and authorizes the levy of a tax not to exceed five mills annually 'on the taxable property within the district voting for the issue of bonds.' Sections 10 and 17, art. 12.

The statute provides for the establishment of special tax school districts, and also provides that at their first meeting after the receipt of a petition signed by not less than 25 per cent. of the duly qualified electors residing within a special tax school district, setting forth the amount of the bonds desired to be issued and the purpose thereof, etc., the county board of public instruction shall determine by resolution to be entered on its records what amount of bonds is required for the purposes set forth in said petition, the rate of interest to be paid thereon, and the time when the principal and interest of such bonds shall be due and when payable, which resolution is required to be published in a stated manner, and the statute provides, also that at the same meeting the...