Smith v. Blairsburg Indep. Sch. Dist.
| Citation | 159 N.W. 1027,179 Iowa 500 |
| Decision Date | 17 November 1916 |
| Docket Number | No. 31043.,31043. |
| Parties | SMITH ET AL. v. BLAIRSBURG INDEPENDENT SCHOOL DIST. ET AL. |
| Court | United States State Supreme Court of Iowa |
OPINION TEXT STARTS HERE
Appeal from District Court, Hamilton County; Edward M. McCall, Judge.
Certiorari to test the legality of certain proceedings of the defendant boards and praying that they be annulled. The petition was dismissed, and plaintiffs appeal. Affirmed.Wesley Martin, D. C. Chase, and R. G. Remley, all of Webster City, for appellants.
J. E. Burnstedt, of Webster City, and C. G. Lee and I. R. Meltzer, both of Ames, for appellees.
The validity of the organization of the Blairsburg consolidated independent school district is challenged in this suit. The petition therefor was addressed:
“To the Honorable Board of Directors of Independent District, Township of Blairsburg, County of Hamilton, State of Iowa.”
Then followed the petition in usual form, reciting that the undersigned were resident electors of the territory proposed to be included, that such territory is not less than 16 sections and they constitute more than one-third of the electors residing therein, and that the county superintendent approves the petition, and then proceeds:
“We are desirous of and do hereby petition your honorable body for the formation of a consolidated independent school district which shall include all contiguous territory herein set out, viz.: (2) that it includes all: Of subdistrict No. One (1), Liberty township, section one (1), section two (2), section eleven (11), and section twelve (12), excepting the northwest fractional quarter of the northwest quarter of section two (2). Of subdistrict No. two (2), Liberty township, section three (3), section four (4), section nine (9), and section ten (10), excepting the north one-half of the northwest quarter and the north one-half of the northeast quarter of section four (4), and the north one-half of the northwest quarter, and the north one-half of the northeast quarter of section three (3), all in township eighty-eight (88) north, range twenty-four (24) west of the 5th P. M. Of subdistrict No. six (6), Blairsburg township, sectionthirteen (13), section fourteen (14), section twenty-three (23), and section twenty-four (24). Of subdistrict No. five (5), Blairsburg township, section fifteen (15), section sixteen (16), section twenty-one (21), and section twenty-two (22). Of subdistrict No. eight (8), Blairsburg township, section twenty-seven (27), section twenty-eight (28), section thirty-three (33), and section thirty-four (34), except the east one-half of the northeast quarter and the east one-half of the southeast quarter of section twenty-seven (27), and the east one-half of the northeast quarter and the east one-half of the southeast quarter of section thirty-four (34), all in township eighty-nine (89) north, range twenty-four (24) west of the 5th P. M. Of Williams township section thirty (30) and section thirty-one (31), township eighty-nine (89) north, range twenty-three (23) west of the 5th P. M.
We respectfully show and represent that we reside in the aforesaid territory, and we hereby respectfully ask that all territory situated within the limits herein described be organized into one consolidated, independent district; that the question of such organization be submitted to the voters upon said territory at a meeting of the electors thereon after due notice has been given.
The above petition approved at Webster City, Iowa, this 21st day of January, 1914.
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¦[Signed]¦F. E. Snow, ¦
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County Superintendent.”
Then followed the signatures of the petitioners. The board of directors addressed, having found the petition to have been signed by the required number of electors and approved by the county superintendent, caused to be prepared a notice of election describing the territory to be included in the proposed district as follows: Sections Nos. 13, 14, 15, 16, 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36 in Blairsburg township, in said county; sections Nos. 30 and 31 in Williams township, said county; sections Nos. 1, 2, 3, 4, 9, 10, 11, and 12 in Liberty township, in said county; and embracing the independent school district of Blairsburg, in said county.
This included the territory of the district whose board was addressed. The contention of plaintiffs is that: (1) A board of directors of a district not included in the proposed consolidated district passed on the petition; (2) that it included territory other than that described in the petition, and issued the notice of election whether a district including other territory than that described therein should be organized; (3) that the county superintendent approved the form of the petition, but not the petition after being signed; (4) that the petition was signed by less than one-third of the resident electors; and (5) that it was not filed with the board addressed, but handed to one Gardner. Section 2794a of Code Supp. 1913 prescribes the procedure in the organization of consolidated independent school districts, somewhat changed since (see same section, Supplemental Supp.), and the inquiry necessarily involved is whether that section was complied with. It provides that:
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