Honey Creek School Township v. Barnes

• Decision Date: 29 May 1889
• Docket Number: 13,636
• Citation: 21 N.E. 747,119 Ind. 213
• Parties: Honey Creek School Township v. Barnes et al
• Court: Indiana Supreme Court

21 N.E. 747

119 Ind. 213

Honey Creek School Township v. Barnes et al

No. 13,636

Supreme Court of Indiana

May 29, 1889

From the Howard Circuit Court.

Judgment reversed, at the costs of appellees, with direction to sustain appellant's motion for a new trial, and for further proceedings in accordance with this opinion.

J. C Blacklidge, W. E. Blacklidge and B. C. Moon, for appellant.

J. F Elliott and L. J. Kirkpatrick, for appellees.

OPINION

Olds, J.

This action is brought by the appellees against the appellant. The complaint is in one paragraph, and alleges that, on the 1st day of February, 1884, one Benjamin King, at that time the legal and acting school trustee of said school township, bought of the plaintiffs books for the use of the schools of said township, that said books were received and used by the schools of said township, and that the same were necessary for such township in its schools, at and for the price of $ 56.25; that, upon said date, said trustee, as such, executed to the plaintiffs, in the firm name and style of A. S. Barnes & Co., his written obligation to pay the same out of the special school fund of said township on or before the 20th day of January, 1885, with eight per cent. interest from the maturity thereof, a copy of which is filed with the complaint, marked exhibit "A," and made a part of the same. It is further averred that George W. Kemp was elected trustee, as the successor of King, and refused to pay the amount. The order executed by the trustee, King, and made a part of the complaint, is as follows:

"Feb. 1st, 1884. This is to certify that there is due from this township to A. S. Barnes & Co., or order, fifty-six and 25/100 dollars for books bought for schools of this township, payable out of the special school funds of the township, on or before the 20th day of January, 1885, with interest at eight per cent. per annum from maturity.

"Honey Creek School Township, Howard County, Indiana.

"Per Benjamin King, Township School Trustee."

Appellant filed a demurrer to the complaint, which was overruled and the ruling assigned as error.

The question presented is as to whether a township school trustee has authority to purchase school books and bind the school township for the payment of the same.

It is contended by counsel for appellee that section 4444, R. S. 1881, authorizes a township trustee to purchase necessary school books for the schools of his township. So much of said section as is material in the consideration of this case is as follows:

"The trustees shall take charge of the educational affairs of their respective townships, towns, and cities. They shall employ teachers; establish and locate, conveniently, a sufficient number of schools for the education of the white children therein; and build, or otherwise provide, suitable houses, furniture, apparatus, and other articles and educational appliances necessary for the thorough organization and efficient management of said schools."

It is further contended by counsel that such authority is fully established by an unbroken line of decisions of this court. We have examined the decisions cited by counsel, and others bearing upon the authority vested in trustees, and there is but one decision that tends to uphold the right of the trustee to purchase books, and we think there is a clear distinction between the decision in that case and the question presented in this. In the case of Jackson School Township v. Hadley, 59 Ind. 534, the indebtedness was for ten Webster's dictionaries. The decision in that case was based upon the cases of Jackson Township v. Barnes, 55 Ind. 136, and Sheffield School Township v. Andress, 56 Ind. 157. The indebtedness in the case of Jackson Township v. Barnes, supra, was for "Monteith's Maps," and in the case of Sheffield School Township v. Andress supra, the order was given for work done on a school building. So far as authority for purchasing books of any character, the case of Jackson School Township v. Hadley, supra, stands alone. In our opinion it is going to the very border line to construe this section of the statute as authorizing the purchase of maps, charts, tellurians and other like articles and apparatus, and dictionaries and books of reference; but there are greater reasons for placing such construction upon this section than to construe it to authorize the purchase of such books as there is sought to be a recovery for in this action. Blackboards, charts, maps, tellurians and dictionaries are a class of articles, apparatus and books which are not required for each individual scholar,...