"Plaintiffs state that the board of directors of said district did, on the 8th day of April, 1915, at a special meeting of said board, resolve to call a special election in said district, to be held on the 1st day of May, 1915, for the following purposes, to wit: To vote upon a proposition to borrow the sum of $14,000 for the purpose of constructing a modern fireproof building, with sanitation and equipment, at Home Heights, and developing the grounds, and to issue bonds of the district in payment of same; to vote upon a proposition to borrow $7,500 for the purpose of constructing a two-room addition to Ritenour School, with sanitation in the basement thereof, and to issue bonds in payment of same; to vote upon a proposition to borrow $1,500 for the purpose of improving the grounds at Ritenour School, and to issue bonds of the district in payment of same.
"Plaintiffs state: That on the same date, to wit, the 8th day of April, 1915, said board caused notices to be printed and posted in five places in said district, announcing that a special election would be held on the 1st day of May, 1915, for the purposes above set forth, and caused 1,000 circulars to be printed and distributed broadcast throughout the said district, calling attention of the residents of said district to the fact that an election would be held on the said date, and urging the voters of said district to support the propositions above referred to at said election. That said board did, on the 17th day of April, 1915, after said notices and circulars had been posted and distributed, hold a special meeting, and resolved that a special election be held at the Ritenour schoolhouse, in said district, on the 8th day of May, 1915, for the following purpose, to wit: To test the sense of the legal voters of said district upon a proposition to authorize the board of directors to borrow $14,000, and to issue bonds therefor, for the purpose of erecting a four-room schoolhouse at Home Heights, and to furnish and equip the same. That a proposition be submitted to the voters of Ritenour consolidated school district, St. Louis county, Mo., for the purpose of testing the sense of the legal voters of said school district upon a proposition to authorize the board of directors to borrow $9,000, and to issue bonds therefor, for the purpose of erecting a two-room addition and making repairs at Ritenour School, and to furnish and equip the same.
"Plaintiffs state that the said board caused notices of the said election to be held on the 8th day of May, 1915, to be posted in five places in said district, but state that the said notices were posted in other and different places than the notices of the election to be held on the 1st day of May, 1915, were posted, and that said notices for the election to be held on the 1st day of May, 1915, were permitted by said board to remain posted after the notices for the election to be held on the 8th day of May, 1915, were posted.
"Plaintiffs state that an election was held in said district on the 8th day of May, 1915, and that no election was held on the 1st day of May, 1915, in said district.
"Plaintiffs state that Clarence Campbell, C. C. Motten, and R. F. Gibler acted as judges of said election, and that J. H. Perdue and Frank Spellbrink acted as clerks of said election; that immediately after the polls were closed on the said 8th day of May, 1915, the board of directors of said district held a special meeting, and the judges of election as aforesaid reported to said board at the said meeting that the result of the election was as follows, to wit: That 167 ballots were cast in favor of the loan of $14,000 to erect a schoolhouse at Home Heights and to furnish and equip the same, and that 68 ballots were cast against the said loan at the said election; that 165 ballots were cast in favor of the loan of $9,000 for the purpose of erecting a two-room addition and making repairs at Ritenour School, and to furnish and equip the same, and that 70 ballots were cast against said loan at said election.
"Plaintiffs state that at the said meeting of said board, and before the bonds had been printed or registered, said bonds of said district were sold to J. G. Cahill, one of the defendants herein, for the sum of $23,065.
"Plaintiffs state that thereafter, on, to wit, the 27th day of May, 1915, defendants A. H. Weise and George Ringen, president and secretary, respectively, of said board of directors of said district, pursuant to a resolution adopted by said board on the said date, executed 23 bonds of the said Ritenour consolidated school district, numbered from 1 to 23, both inclusive, each of the denomination of $1,000; that said bonds were dated May 15, 1915, and mature and become due and payable May 15, 1915, and that said bonds bear interest at the rate of 5 per centum per annum; that said bonds were thereafter delivered to the said J. G. Cahill, and that said J. G. Cahill is now the holder thereof.
"Plaintiffs state that on the same date, to wit, the 27th day of May, 1915, the said board of directors of said district caused to be levied upon all the taxable property within the Ritenour consolidated school district of St. Louis county, Mo., including the property of plaintiffs, a tax sufficient to provide a yearly income of $2,300, to provide for the payment of the interest on, and a sinking fund for the redemption of, said bonds at maturity; that said tax, when extended upon the books of the collector of the revenue of St. Louis county, Mo., will constitute a first lien upon the property of plaintiffs; that said tax will be a cloud upon the title to real estate owned by plaintiffs, and, if left to stand, will hinder, embarrass, and prevent plaintiffs in the sale and disposition of said real estate.
"Plaintiffs state that the said election so held on the 8th day of May, 1915, as hereinbefore set forth, was illegally and unlawfully held, and that the bonds hereinbefore referred to were illegally and unlawfully executed and issued, and are illegal and void, for the following reason, to wit: That although the judges of said election have reported to the board of directors of said district that both of said propositions submitted to the voters at said election received a majority of more than two-thirds of the ballots cast at said election, and although the said board have caused to be spread upon the minutes of the meeting of said board held on the 8th day of May, 1915, as aforesaid, a declaration
of the result of said election in accordance with the said report of the judges of said election, such action of the said board is erroneous and wrong, and that the true and correct result of said election was otherwise, in this, to wit: That two-thirds of the votes cast at said election were not for the loans, and that neither of said propositions so submitted to the voters of said district at said election carried.
"Plaintiffs state that the erroneous finding of the result of said election was brought about by the fraudulent and wrongful acts of the judges and clerks aforesaid of said election; that said judges and clerks, while canvassing the result of said election, fraudulently and wrongfully counted more than 50 ballots as having been cast in favor of each of the said propositions, which, in truth and fact, were cast against said propositions, and that said judges and clerks fraudulently and wrongfully failed to count and return more than 50 ballots which had been cast against the said propositions.
"And plaintiffs further state that on or about, to wit, the 12th day of September, 1915, while the ballots were in the custody of G. M. Ringen, clerk of said school district, one of the defendants herein, the ballots which were cast at said election were removed from the ballot boxes and destroyed or concealed, and that the said ballots were so removed from said ballot boxes and destroyed or concealed in pursuance of a fraudulent design, for the purpose of concealing the fraudulent acts of said judges and clerks of election as herein complained of.
"Plaintiffs further state that the said election was illegally and unlawfully held, and that the bonds hereinbefore referred to were illegally and unlawfully issued, and are void, for the following further reasons, to wit: That the voters of said district were misled and deceived by the notices of a special election to be held on the 1st day of May, 1915, posted as hereinbefore set out, and by the circulars issued and caused to be distributed by said board as hereinbefore set out, and by reason thereof many of the voters of said district were prevented from voting at the election held on the 8th day of May, 1915; that the...
