Sch. Dist. No. 17, of Garfield Cnty. v. Zediker

• Citation: 4 Okla. 599,47 P. 482,1896 OK 89
• Parties: SCHOOL DISTRICT NO. 17, OF GARFIELD COUNTY, v. T. J. ZEDIKER, County Superintendent of Public Instruction.
• Decision Date: 04 September 1896
• Court: Supreme Court of Oklahoma

1896 OK 89

47 P. 482

4 Okla. 599

SCHOOL DISTRICT NO. 17, OF GARFIELD COUNTY, v. T. J. ZEDIKER, County Superintendent of Public Instruction.

Supreme Court of Oklahoma

Decided: September 4, 1896

Error from the District Court of Garfield County.

Syllabus

¶0 1. SCHOOL DISTRICTS--Powers of Legislature Over. A school district is but a subordinate agency of the Territory, doing the world, of the Territory. It is a creature of the legislature. The legislature may create or abolish a school district, on it may change their boundaries without consulting the inhabitants. It may thus change their boundaries for any reason that may be satisfactory to it; and it may do this as well through a subordinate agency or officer, as by direct legislative act.

2. SCHOOL DISTRICTS--Changes Of. By § 5760, of the Statutes of 1893, the the legislature intended to provide for a systematic and uniform division of the territory embraced in each county into school districts; that for that purpose they invested the county superintendent of public instruction with power to divide the territory of the county into convenient districts and to change such districts when the interest of the inhabitants of the county required such division or change.

3. TOPOGRAPHICAL AND PHYSICAL CONDITIONS--Effect Of. The superintendent of public instruction in making such division or change, is not limited to those cases only, where the topographical and physical conditions alone make such division or change necessary. It is not necessary that topographical or physical conditions requiring that changes should be made in the districts should exist as prerequisite and jurisdictional fact, before the superintendent of public instruction is authorized to act or make such changes, if the interests of the inhabitants of the county in other respects requires that such changes should be made.

4. TOPOGRAPHICAL AND PHYSICAL CONDITIONS--Intent of Legislature Regarding. The clause of the statute relating to topographical and physical conditions was intended to be directory merely. It was intended by the legislature that the superintendent of public instruction should divide the county into convenient school districts, and change such districts when the interests of the inhabitants of the county required, but that in making such division or change, he should consider the topographical and physical conditions which might interfere with convenient attendance on the schools.

5. SUPERINTENDENT OF PUBLIC INSTRUCTION--Powers of Judical. The powers conferred upon the superintendent of public instruction to divide the county into school districts and to change such districts, is of a judicial nature, and in their performance require the exercise of a judicial discretion; and when exercised, unless there has been an abuse of such discretion, the courts cannot interfere.

W H. Robb, for plaintiff in error.

J. W. Clevinger, for defendant in error.

TARSNEY, J.:

¶1 This case arises out of the action of the defendant in error, T. J. Zediker, as county superintendent of public instruction for Garfield county, in attempting to change the boundaries of the school districts in said county. At the time of such proposed change, plaintiff in error, school district No. 17, in said county was composed of sections 1, 2, 3, 10, 11, 12, and the north half of sections 13, 14, 15, in township 21, range 6, and the change proposed was in pursuance of a plan of redistricting the whole county. It was not made because of any peculiar interests of the inhabitants of said district No. 17, requiring such change at that time.

¶2 Defendant in error contended that the proposed action by said superintendent of public instruction was a proper exercise of authority vested in him by § 5760 of the Statutes of Oklahoma, 1893, p. 1082, which said section is as follows:

"It shall be the duty of the county superintendent of public instruction to divide the county into a convenient number of school districts and to change such districts whet. the interests of the inhabitants thereof require it, by making them conform to existing topographical and physical conditions, but only after twenty days' notice thereof, by written notice posted in at least five public places in the district to be changed; but no district shall be formed containing less than eight persons of school age, neither shall a new school district be formed or changed so as to contain more than three miles square, except in counties in the Cheyenne and Arapahoe country and in Beaver county, and all sparcely settled districts in any county, and none having a bonded indebtedness shall be so reduced in territory that such indebtedness shall exceed five per cent. of the assessed property valuation. Provided: that any person interested may appeal to the board of county commissioners from the action of the county superintendent. Such superintendent shall number school districts when they are formed, and he shall keep in a book for that purpose a description of the boundaries of each school district and part of district in his county, with plat of same, date of organization, date and full record of all changes of boundaries, and a list of district officers in his county, the date of election or appointment

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