Roberts v. Eyman

• Decision Date: 21 October 1922
• Docket Number: No. 14734.,14734.
• Citation: 304 Ill. 413,136 N.E. 736
• Parties: ROBERTS et al. v. EYMAN et al.
• Court: Illinois Supreme Court

304 Ill. 413

136 N.E. 736

ROBERTS et al.

v.EYMAN et al.

No. 14734.

Supreme Court of Illinois.

Oct. 21, 1922.

Bill by Harry E. Roberts and others against James F. Eyman and others for an injunction. From an order dismissing the bill on demurrer, complainants appeal.

Reversed and remanded.

Appeal from Circuit Court, Macon County; James S. Baldwin, judge.

Whitley & Fitzgerald, of Decatur, for appellants.

Le Forgee, Black & Samuels, of Decatur, for appellees.

CARTWRIGHT, J.

The circuit court of Macon county sustained a demurrer to the bill in equity of the appellants, residents, voters, and taxpayers in community high school district No. 148 in Macon county, filed to enjoin the school district and its board of education from preparing or negotiating bonds or using the proceeds of any tax or bonds for the purchase of a schoolhouse site or the erection of a school building thereon by virtue of an election held on April 9, 1921, purporting to make a selection of a site and authorize the issue of $99,000 in bonds for the erection of a building. The complainants elected to stand by the bill, and the chancellor dismissed it for want of equity.

The facts alleged in the bill are as follows: On March 28, 1921, a petition was addressed to the board of education of the district purporting to have been signed by 205 legal voters of the district asking that an election should be called for the purpose of voting to establish a community high school building and for the selection of a site, whereupon the board adopted a resolution that such an election should be held on April 9, 1921, and that the question of a bond issue in the amount of $99,000 for the purpose of erecting a high school building and purchasing a site should be voted on at the same time, and the required notices were posted accordingly. The record of the board failed to show that notices of the special election were posted as required by statute, but showed that notices were posted on March 28, 1921, at five places specified in the record, and no notices were posted except those which were shown by that record. On April 9, 1921, an election was held, as shown by the record, upon two propositions, as follows:

‘Proposition No. 1: ‘Shall bonds be issued by community high school district No. 148 of Macon county, Ill., in amount of $99,000 for the purpose of erecting a school building for said community high school district No. 148?’

Proposition No. 2: ‘Shall a school building be erected for community high school district No. 148 in Macon county, Ill.?’

Three sites were submitted with prices annexed and a direction to vote for one. The record of the board showed:

‘For bond issue, 316 votes for and 218 votes against.

‘For the erection of a high school building, 347 votes for and 169 votes against.

‘For the selection of a school site: D. F. Bear site, 234 votes; for F. E. Schroeder site, 71 votes; for S. M. Ritchie site, 82 votes.’

The record did not show the form of the notices for the special election, nor whether the several propositions were placed upon one notice, or how the notices were signed, if signed at all, but, in fact, the serveral propositions were upon separate notices, and the notices were not signed by the board of by its officers by the direction of the board. All of the propositions were submitted on the same ballot.

The causes of demurrer specified were: First, the general one; and, second, that the bill consisted of mere general conclusions of the pleader and was vague, indefinite, and argumentative.

It will be seen from the foregoing statement that the special cause of demurrer did not exist, since there was nothing vague, indefinite, or argumentative in the averments of the bill as to the petition, resolution, what was shown and not shown by the record, and that the posting of only five notices was so shown and only that number were posted. The only question to be considered is whether the bill was subject to a general demurrer.

In 1917 a number of sections of the act of 1909 (Laws 1909, p. 342) to establish and maintain a system of free schools were amended, and section 89 provided for or election upon a petition of legal voters for or against the proposition to establish a community high school, and if a majority of the votes should be in favor of establishing a community high school an election should be held for the purpose of electing a community high school board of education. Section 91 stated the powers and duties of such board of education, and provided that in all elections held under the provisions of the act notice of all such elections should be posted by the board of education in at least 10 of the most public places in each of the voting precincts at least 10 days previous to the day of election. Laws 1917, p. 737. In 1919 section 91 was again amended to read as follows:

‘Sec. 91. For the purpose of building one or more high schools, conducting and supporting such schools and paying all necessary expenses, the territory for the benefit of which a high school is established under any of the provisions of this act, and all high school districts organized under any statute in force at the time of their organization, and all high school districts legalized by statute, shall be regarded as school districts, and the board of education of each of said high school districts shall in all respects have the powers and discharge the duties of boards of education elected under the general School Law. The board of education of any such high school district shall have the right to build or acquire and maintain one or more sites and erect thereon buildings when in their judgment such additional facilities are needed by the district and the site or sites therefor have been lawfully selected: Provided, however, that in all elections held under the provisions of this act the board of education shall have the power to establish a suitable number of voting precincts for the accommodation of voters of the district in which said election is held, and shall fix the boundaries of said precincts, and designate one polling place in each, which precincts shall be composed of contiguous territory in as compact form as may be for the convenience of the electors voting therein. Said board shall appoint two judges and one clerk for each polling place, assigning so far as practicable at least one member of such board to each polling place. ...