Simpkins v. Ward

• Decision Date: 13 April 1881
• Citation: 8 N.W. 507,45 Mich. 559
• Court: Michigan Supreme Court
• Parties: SIMPKINS and others v. WARD and others.

8 N.W. 507

45 Mich. 559

SIMPKINS and others v. WARD and others.

Supreme Court of Michigan

April 13, 1881

A graded school-district has no authority to attach to it unorganized territory. The only way of dealing with unorganized territory is by organizing it into primary districts.

Appeal from Marquette.

W.P Healy, for defendants.

GRAVES J.

The complainants are owners of large bodies of wild land situated within the limits of the township of Michigamme as at present organized. The lands are from two to twenty miles remote from any settlement and are as yet a part of an out unbroken wilderness. After the township of Michigamme was organized the school inspectors proceeded to form school-district No. 1 embracing the village of Michigamme in sections 19 and 30 of town 48 N., in range 30 W., and other lands immediately contiguous.

The district authorities subsequently converted it into a graded school-district. Prior to this change of status which was self-effected no enlargement of territory was possible beyond nine sections. But having changed the organization the trustees signified their willingness that the rest of the township should be added and the inspectors proceeding to act on this assent made an order to attach the territory mentioned and which consisted of five surveyed townships of wild land.

The parcels owned by complainants belong to this tract, and in 1879 the district officers and other authorities treated them as lands taxable within the district and proceeded to rate them accordingly, and a tax for school purposes of the district other than the one mill tax was imposed. It was not paid and proceedings being taken to enforce it by means of a public sale under the direction of the auditor general complainants brought this bill to enjoin it. The defendants filed a general demurrer which was sustained by the circuit court and complainants appealed. The general question is whether the act of the school inspectors operated to incorporate complainants' land in the district; and the answer depends on the power of these officers in the case of a graded district engrafted on a single ordinary one to enlarge the domain if the trustees so desire by adding any outlying unorganized and unpeopled territory however extensive which may happen to be temporarily within the bounds of the organized township. Defendants contend for the authority and the complainants deny it. As it did not exist before the change of corporate character, but was denied during the primitive stage of the district, it must have arisen, if it now exists, because the distinction between the former and present conditions has been supposed to point it out as necessary. It is not found in any express terms and if present it rests on implication.

This is admitted. The general law for organizing school-districts has always maintained certain distinct characteristics. The original arrangement of townships into districts, and the right to make alteration from time to time of such original districts has been confided without exception to the inspectors by the general law. At the same time however there has been no deviation from the rule that no primary district should contain more than nine sections. The attention of the legislature has been repeatedly drawn to the subject and the result has been uniform. The evidence of fixed policy is conclusive. Rev.St.1838, p. 245, � 24; Rev.St.1846, p. 227, � 71; Act 119 of 1873, p. 164; Act 230 of 1875, p. 281; Act 77 of 1877, pp. 60-61.

It became apparent to many at an early day that although a great deal in the total was being spent under our system of primary schools, there was yet in many cases no corresponding return of benefits, and the belief spread that the chief reason was that the means expended were too much scattered and that combination of expenditures and concentration of effort so far as fairly practicable would cause a great improvement. The Revised Statutes of 1846 recognized this phase of public sentiment and made provision for the formation of union school-districts. The plan was not to construct new districts from aboriginal territory, but to provide for consolidating existing districts when deemed expedient. The new district was to be a union district, that is to say, one formed from two or more of the elementary districts. Chapter 58, � 92, Rev.St.1846.

Now as each original district might lawfully embrace any quantity of land not exceeding nine sections and as the union district was to be formed by uniting two or more of such original districts it is manifest that it might contain more than nine sections. Hence the method for constructing these districts was independent of the restriction limiting the area to nine sections, and this was considered unobjectionable in the first setting up of a district where the change would consist in uniting territory and interests already under district organization and moreover where would be contemplated such a multiplication and distribution of school accommodations as would be just and reasonable for all parts of the territory.

No one could doubt however that changes might become needful at some time; but it was not regarded as wise to allow to inspectors the same power over the geographical extent of the districts that they held over that of primary districts. The provisions for establishing these districts were however interwoven with the general law and it was understood that the inspectors' power under that law to alter districts was applicable to these.

Impressed by these considerations the legislature proceeded to qualify the power by requiring the assent of the district as a preliminary, to any alteration of the bounds of a union district. This was affected by amendment of section 92, supra. Laws 1849, pp. 227, 228; Laws 1850, p. 20.

The next change to which it is necessary to refer was in 1855. An elaborate act was then passed to enable school-districts to acquire school-house sites and for other purposes. A section was inserted providing that no alteration should be made in the boundaries of any school-district having a union school...