School Dist. No. 44, Caddo County v. Turner

• Decision Date: 09 September 1903
• Citation: 73 P. 952,13 Okla. 71,1903 OK 60
• Parties: SCHOOL DIST. NO. 44, CADDO COUNTY, v. TURNER
• Court: Oklahoma Supreme Court

73 P. 952

13 Okla. 71, 1903 OK 60

SCHOOL DIST. NO. 44, CADDO COUNTY, v. TURNER

Supreme Court of Oklahoma

September 9, 1903

Syllabus by the Court

1. A county superintendent has no power or jurisdiction to change the boundaries of a regularly organized school district, by detaching a portion thereof, and forming and creating thereby a new district, until a petition has been duly presented to him, signed by at least one third of the qualified electors of such school district, and until the notice required by the statute has been given.

2. Where a county superintendent arbitrarily, and without the requisite petition and notice, attempts to detach a portion of the territory from an organized school district injunction is the appropriate remedy.

Error from District Court, Caddo county; before Justice Gillette.

Action by School District No. 44, Caddo County, against C.W. Turner. Judgment for defendant, and plaintiff brings error. Reversed.

This is an action brought by School District No. 44, of Caddo county Okl., plaintiff in error, to enjoin the defendant in error as superintendent of public instruction within and for said county, from changing the boundaries of said school district. The material averments in the petition are as follows: That in the month of April, 1902, the defendant, as such county superintendent, duly organized and formed plaintiff into School District No. 44, with the following boundaries Beginning at the northeast corner of the northwest quarter of section 4, in township 6 north, of range 8 west of the Indian meridian; thence three miles west, to the northwest corner of the northeast quarter of section 1 in township 6, range 9 west of the Indian meridian; thence south three miles to section line at the southwest corner of the southeast quarter of section 13, township 6 north, of range 8 west of the Indian meridian; thence north three miles to the place of be inning. That on the 8th day of July, 1902, the first annual election was held in said district, and that a full set of officers was elected, and that they duly qualified as required by law, and are now acting as officers of said school district. That at said election a tax of 20 mills was duly levied for the maintenance of schools in said district during the year 1902. That the defendant, as such county superintendent, is attempting to detach from such School District No. 44 the west half of the southwest quarter of section 17, and the southeast quarter of section 18, and the southeast quarter of the southwest quarter of section 18, of township 6 north, of range 8 west of the Indian meridian. That no petition has been presented to said defendant, signed by one third of the legal voters of said school district asking that said lands be detached from the territory belonging to the plaintiff. That said defendant has given no notice whatever as required by law. That on or about the 1st of October, 1902, the defendant in error, without any petition, and without any notice, and without the knowledge or consent of said school district, arbitrarily made an order detaching said lands, and attempted to form the same into a separate school district. That on the 13th day of October 1902, the defendant in error posted notices within said school district, warning the inhabitants thereof that, unless an appeal was taken to the board...