In re Petition of Wood

• Decision Date: 29 April 1912
• Citation: 21 Idaho 734,124 P. 780
• Parties: In the Matter of the Petition of J. J. WOOD et al., Respondents, v. INDEPENDENT SCHOOL DISTRICT NO. 2, Appellant
• Court: Idaho Supreme Court

124 P. 780

21 Idaho 734

In the Matter of the Petition of J. J. WOOD et al., Respondents, v. INDEPENDENT SCHOOL DISTRICT NO. 2, Appellant

Supreme Court of Idaho

April 29, 1912

SCHOOL DISTRICTS-INDEPENDENT SCHOOL DISTRICTS-NEW DISTRICTS-CREATION.

(Syllabus by the court.)

1. The act of March 7, 1911, Laws of 1911, p. 483, is a complete code and system for the government and regulation of the common schools of Idaho, and such act classifies school districts as "School Districts," as provided in art. 5, and "Independent School Districts," as provided in art. 13, and it was the intention of the legislature to provide separately and distinctly for each in the respective articles.

2. Art 5 of the act of March 7, 1911, Laws of 1911, p. 483, in no way applies to or governs the provisions of art. 13 of said act governing the organization of independent school districts.

3. It is a general rule of law that in construing a statute the court should take into consideration the reason of the law,-that is, the object and purpose of the same, and the object and contemplation of the legislative body in enacting the same.

APPEAL from the District Court of the Second Judicial District for Lewis County. Hon. E. C. Steele, Judge.

Action to determine the legality of School District No. 33, created out of Independent School District No. 2. Reversed.

Judgment reversed. Costs awarded to the appellant. Petition for rehearing denied.

Geo. W Tannahill, J. S. McDonald, and C. T. McDonald, for Appellant.

The board of county commissioners has no jurisdiction to change the boundaries of an independent school district. (Bowen v. King, 34 Vt. 156; Whitmire v. State ex rel Vaughan (Tex. Civ. App.), 47 S.W. 293; State v. Browning, 28 N.J.L. 556; Nicklaus v. Goodspeed, 56 Ore. 184, 108 P. 136.)

S. O. Tannahill, G. Orr McMinimy, and Ben. F. Tweedy, for Respondents.

A school district has no such vested rights as to prevent a change of its boundaries without notice and a hearing before some tribunal. (Board of School Commissioners v. Centre T. P., 143 Ind. 391, 42 N.E. 808; School District No. 57 v. Board of Education, 16 Kan. 536; 8 Cyc. 903, note 5.)

School districts, whether they are independent or township school districts, are creatures of statute, and may be altered in such manner as the legislature may deem advisable. (Fairview Ind. School Dist. v. Burlington Ind. School Dist., 139 Iowa 249, 117 N.W. 668; Connor v. St. Anthony Bd. of Education, 10 Minn. 439; Garfield Co. School District 17 v. Zediker, 4 Okla. 599, 47 P. 482.)

Section 47, Laws 1911, p. 500, applies to independent school districts. The legislature intended a complete system. (Holmes & Bull Furniture Co. v. Hedges, 13 Wash. 696, 43 P. 944.)

The creation of Common School District No. 33 of Lewis county did not dissolve or destroy or alter or affect the identity of Independent School District No. 2 of Lewis county. (35 Cyc. 847, subd. 1; 1 McQuillin, Munic. Corp., p. 675, sec. 298.)

STEWART, C. J. Ailshie and Sullivan, JJ., concur.

OPINION

STEWART, C. J.

A petition signed by J. J. Wood and others, parents and guardians of ten or more children of school age, who were residents of the proposed new school district, was presented to the board of county commissioners of Lewis county, Idaho, praying a creation of a common school district out of territory within Independent School District No. 2 of Lewis county, Idaho. The board of county commissioners granted the prayer of such petition and created "Common School District No. 33 within and out of a part of said Independent School District No. 2 of Lewis county, Idaho," and thereby changed the boundaries of Independent School District No. 2. From the order of the county commissioners Independent School District No. 2 appealed to the district court. The cause was tried and the court made findings of fact and conclusions of law, and entered a judgment affirming the action of the county commissioners. From said judgment this appeal is taken.

There is but one question presented by this appeal, and that is whether the board of county commissioners had power to grant the petition and create a school district out of territory previously organized into an independent school district, under the laws of this state.

On the 11th day of March, 1893 (Laws of 1893, p. 187), the legislature of this state passed a very comprehensive act embracing the entire subject, establishing and maintaining a system of free schools within the state. This act, among other things (sec. 35), authorizes the board of county commissioners to create new districts from unorganized territory or from old districts, to change the boundaries of any districts, etc. Sec. 38 provides for the organization of a joint school district out of territory belonging to two or more contiguous counties. These two sections are a part of chap. 5. Secs. 78 to 84, inclusive, are included in chap. 11 of said act, and are devoted to the creation, government and powers of what is designated as independent school districts. This act repeals all former acts. This act was amended in some particulars and re-enacted on the 6th day of February, 1899, Laws of 1899, p. 85, and embraces in substance the same sections as above referred to in the act of 1893, Laws of 1893, p. 187. The act of 1899 was thereafter amended in some particulars and carried into the code, and on the 7th day of March, 1911, Laws of 1911, p. 483, an act was passed by the legislature very comprehensive and full and intended to codify all the provisions of law relating to public school matters within the state, and to repeal all acts in conflict with it, and in sec. 195 the act declares: "This act is intended to constitute a complete code and system for the government and regulation of the common schools of Idaho, and is intended to be complete in itself, without reference to or aid from other laws; and all acts or parts of acts which modify or tend to modify this act or any part thereof shall be disregarded by the courts in the construction of this act."

It is the contention of appellant that art. 5 and art. 13 in the act of March 7, 1911, Laws of 1911, p. 483, are independent provisions which relate to a different class of school districts as provided in said act, and that the provisions in sec. 47 of art. 5 have no application to the organization of an independent school district under the provisions of art. 13. While on the part of respondent it is contended that sec. 47 does apply to independent school districts, and that a petition for a new district to be created out of another district, whether the territory out of which such district is to be created is in fact an independent school district or a general school district, may be presented, signed by the parents or guardians of ten or more children of school age, who are residents of the proposed new district.

It appears from the language used and the provisions made of the subject matter that it was the intention of the legislature, at the time the legislative act of March 11, 1893 (Laws of 1893, p. 187), was enacted, to classify school districts to be created under the provisions of the act into two different classifications, and under each classification the specific acts and requirements for organization are specified and provided for, and this intention of the legislature is clearly indicated also by the language used by the legislature in sec. 35, chap. 5, and likewise in sec. 78 of chap. 11; that in the former the districts were to be created by the board of county commissioners upon petition, while under the latter the district is created by the county commissioners upon vote of the people. This construction of the act of March 11, 1893, Laws of 1893, p. 187, is further evidenced in the act of March 7, 1911, Laws of 1911, p. 483, by incorporating the provisions contained in the act of 1893, and referred to above as secs. 35 and 38 and those following, and indexing and titling chap. 5 as "School Districts," and following such designation with the words "(For Independent School Districts, see art. XIII)," and also incorporating in the act of 1911 as secs. 122 to 133 the provisions of secs. 78 to 84 of the act of 1893, and indexing and titling said article as follows: "Article XIII, Independent School Districts. Organization of Districts."

It will thus be seen that under the provisions of art. 5 school districts may be organized and created by the board of county commissioners upon petition, while under the provisions of art. 13 independent school districts are created by the board of county commissioners upon petition of one-fifth of all of those within the...