State ex Inf. Latham ex rel. Dawes v. Allen
| Decision Date | 12 March 1951 |
| Docket Number | No. 42024,No. 2,42024,2 |
| Citation | 237 S.W.2d 489,361 Mo. 963 |
| Parties | STATE ex inf. LATHAM ex rel. DAWES et al v. ALLEN et al |
| Court | Missouri Supreme Court |
J. W. Roberts, Savannah, for appellants.
John J. Robison, Harold Miller, Maysville, for respondents.
BARRETT, Commissioner.
This is a proceeding in quo warranto at the relation of resident taxpayers and patrons of Blue School District No. 25 and Liberty School District No. 47 of Andrew County against the officers and directors of the newly 'Enlarged School District R-II, DeKalb County, Missouri.' It is a companion case to Spiking School District No. 71, DeKalb County, Missouri v. The Purported 'Enlarged School District R-II, DeKalb County, Missouri,' Mo.Sup., 245 S.W.2d 13, and the purpose of the proceeding here, as it is in that case, is to test the validity of the consolidation, and in particular the validity of the special election at which consolidation was effectuated. The attack in this case is from the point of view of the interested residents of Andrew County, while the attack in that case is from the viewpoint of certain affected residents of DeKalb County. The cause was submitted to the trial court upon an agreed statement of facts and the limited question presented is the validity and sufficiency of the notice calling the special election. The notice was published in the following newspapers in DeKalb County: Union Star Times, Stewartsville News, DeKalb County Record Journal and the DeKalb County Herald and the precise question for decision is whether, under the statute, Mo.R.S.1949, Sec. 165.680, the notice must also have been published in the one newspaper of general circulation in Andrew County, the Savannah Reporter and Andrew County Democrat.
The greater part of Enlarged School District R-II, as to area, the number of former common school districts included and population, is in DeKalb County. The exact number of former districts included does not appear but it is many times the four former common school districts included from Andrew County. The printed notices were also posted in at least three public places in each affected district. There was a total of 875 eligible and qualified voters in the entire territory affected, 247 of whom lived in Andrew County and of that number 155 actually voted and participated in the election. The Savannah Reporter and Andrew County Democrat had 2,945 subscribers, 1904 of whom lived in Andrew County with fifty-one subscribers among the qualified voters in the territory affected. The Union Star Times had fourty-nine subscribers among the qualified voters in the affected territory in Andrew County.
After the county board of education has made a survey and prepared detailed plans for the reorganization of school districts and the plans have been approved, Mo.R.S.1949, Secs. 165.673, 165.677, the secretary of the county board of education ...
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