State ex inf. Stipp ex rel. Stokes Mound School Dist. No. 7 v. Colliver
| Decision Date | 12 November 1951 |
| Docket Number | No. 1,No. 42386,42386,1 |
| Citation | 243 S.W.2d 344 |
| Parties | STATE ex Inf. STIPP, Pros. Atty., ex rel. STOKES MOUND SCHOOL DIST. NO. 7 et al. v. COLLIVER et al |
| Court | Missouri Supreme Court |
Nolan M. Chapman, Don Chapman, and Nolan M. Chapman, Jr., all of Chillicothe, for appellants.
W. A. Franken, D. D. Thomas, Jr., Carrollton, for respondents.
Action in quo warranto instituted in the Circuit Court of Carroll County by Christian F. Stipp, Prosecuting Attorney of that county, at the relation of certain taxpaying citizens and others, to determine the validity of the proceedings leading to the alleged organization of Reorganized School District R-II of Tina, Carroll County, Missouri, and to oust from the offices of director those purporting to act in such capacity for the alleged reorganized school district. The trial court heard the evidence and ruled (1) that the election held on November 1, 1949 for the purpose of consolidating some fourteen common school districts of that county into Reorganized School District R-II of Carroll County was null and void; (2) that no legal organization was effected and no such district existed; (3) that respondents in said cause were unlawfully usurping and holding their respective offices as directors of the purported district; and (4) that they should be ousted from exercising any powers as such directors of said district. Respondents below have appealed.
The consolidation of the several common school districts involved was sought to be effected under the provisions of Senate Bill 307, Laws of Missouri, 1947, p. 370, now sections 165.657 to 165.707, RSMo 1949. This court has jurisdiction of the appeal since the proceeding involves 'title to any office under this state'. Art. V, Sec. 3, Constitution of Missouri 1945; State ex rel. Gentry v. Sullivan, 320 Mo. 362, 8 S.W.2d 616, 617.
A county board of education for Carroll County was duly elected and organized as provided by Sec. 165.657 and Sec. 165.660. It made a comprehensive study of the school needs of Carroll County and submitted to the state board of education a specific plan for the reorganization of the school districts of the county. Sec. 165.673. The plan was rejected. Thereafter, a second or revised plan was submitted to the state board of education, which plan was also rejected. The county board of education, thereupon, on October 13, 1949, voted to submit its own plan for reorganization to the voters of the county to be voted upon on the first Tuesday in November, 1949, the date specified in Sec. 165.677. The plan agreed upon provided for eight areas or enlarged school districts, among them 'R-II Tina,' including fourteen specified common school districts listed by their popular names, that is, the names by which they were known, but not according to their legal designation and number.
The secretary's minutes of the meeting of October 13, 1949, failed to show that any voting place in the R-II area was designated by the board, or that judges and clerks for the proposed election were appointed, but it was shown by oral testimony that the board in fact designated the Community Hall in the Tina district as the place for holding the election in the proposed enlarged school district R-II, and named the judges and clerks for such election. Sec. 165.680. It was admitted that the proposed Reorganized School District R-II contained more than $500,000.00 in assessed valuation of property and had more than 100 pupils in average daily attendance during the preceding year. Sec. 165.677.
The secretary of the county board of education prepared a notice of election for the election to be held for the purpose of voting upon the proposed plan on Tuesday, November 1, 1949. The president and secretary of the said board signed a stencil from which mimeograph copies of the notice of election were made. The notice was titled, 'School Meeting Notice to Form Enlarged School District.' It referred to the provisions of Senate Bill No. 307, gave notice of the election and its purpose, named the designated voting place and gave its location, mentioned the date and hours for voting and listed the existing school districts proposed to be included in the enlarged school district. The names of the President and Secretary of the County Board of Education appear above the names of their respective offices at the bottom of the notice. The notice of election was duly published on October 15 and October 22, 1949 in the Carrollton Daily Democrat, a daily newspaper published at Carrollton in Carroll County. Sec. 165.680. Three or more copies of the mimeographed notice of election were posted in public places more than six days before the proposed election in eight of the common school districts affected by the proposal, but in the other districts either less than three notices were posted or the notices or some of them were not posted more than six days before the election. See State ex rel. Reorganized School Dist. v. Holmes, 360 Mo. 904, 231 S.W.2d 185, 192(11). In one district no notices were posted. The county board of education supplied ballots, poll books and all materials for the said election. Sec. 165.680.
On November 1, 1949 (the first Tuesday in November of that year) the alleged election was held at the Community Hall in Tina, and within the confines of the proposed enlarged school district R-II. The judges and clerks of said election were duly sworn, acted as such and made return to the county board of education showing that 411 votes were cast at said election of which votes 258 were cast in favor of the plan of reorganization submitted and 153 votes against the plan. The secretary of the county board of education certified of the state board of education the results of the election as to the proposed enlarged school district. Sec. 165.683. Thereafter, the county board of education called an election in said district for the purpose of electing six directors of such enlarged district. The six respondents below, appellants here, were duly elected and qualified as directors of the said enlarged district (assuming, of course, that Reorganized School District R-II was legally organized). Sec. 165.687. It is admitted that the individuals on behalf of whom this action is brought were residents and taxpayers in one of the common school districts proposed to be included in the reorganized district.
The trial court held that the alleged election, at which the plan for reorganization of the specific common school districts was claimed to have been adopted and Reorganized School District No. R-II created, 'was null and void because of the insufficiency of the designation of the component parts of said district, and because of the insufficiency of the notices of election and the posting thereof * * * and that said School District R-II has never been organized into a legal School District.'
Section 165.680 provides
The essential question presented upon this appeal is whether the provisions of Sec. 165.680 with reference to notice, particularly the provisions as to the number of notices to be posted in each of the several common school districts to be affected by the proposal and the time when said notices are required to be posted before the election, are mandatory or directory with reference to any election required to be held 'on the first Tuesday in November, 1949' and for the purpose stated in Sec. 165.677. Appellants contend the provisions are directory only, while respondents contend that 'the failure to post the notices required * * * renders the election void.' Respondents insist that three copies of the notice must be posted at least six days before the election in each school district sought to be incorporated in the reorganized school district; that the notice must also be published in a newspaper; and that giving the notice in the newspaper only is insufficient and renders the election void.
The statutes in question evidence an intention on the part of the Legislature that plans for the reorganization of school districts should be prepared and submitted as therein provided; and that the Legislature considered the matter of reorganization urgent and the time factor essential. Sec. 165.657 required each county super-intendent of schools, within sixty days after Sections 165.657 to 165.707 take effect, to call a meeting of the members of the boards of various school districts in his county to elect a county board of education of six members. Section 165.660 required the organization of such county board within four days after its election. Section 165.673 required the county board of education to prepare a plan of reorganization of school districts of the county within six months after the organization of the board and to submit such specific plan for reorganization to the state board of education not later than May 1, 1949.
Section 165.677 required the state board of education to approve or disapprove the plan within sixty days following its receipt. In case of disapproval the county board was required to submit a revised plan of reorganization to the state board within sixty days. If the revised plan was disapproved by the state board the county board was 'required to propose and submit its own plan to the voters on the first Tuesday in November, 1949'. Not later than three days after any such election the secretary of the county board of education was required to certify to the state board the results...
To continue reading
Request your trial
-
State ex rel. Sisson v. Felker
...although the general rule is that the time and the place are of the substance of an election [State ex inf. Stipp ex rel. Stokes Mound School Dist. No. 7 v. Colliver, Mo., 243 S.W.2d 344, 349(4); 29 C.J.S. Elections Sec. 76, p. 101; 18 Am.Jur., Elections, Sec. 112, p. 250], statutory provis......
-
Walker v. Oak Cliff Volunteer Fire Protection Dist.
...277 Ala. 665, 174 So.2d 306, 313 (1965); Veterans' Finance Comm. v. Betts, see note 13, supra; State ex rel. Stokes Mound School Dist. No. 7 v. Colliver, 243 S.W.2d 344, 350 (Mo.1951); City of Berkeley v. Holmes, 358 Mo. 1237, 219 S.W.2d 650, 652 (1949). See also, Morabito v. Hagerman Fire ......
-
American Legion Phillips Post v. City of Malden
...p. 661; State ex rel. City of Berkeley v. Holmes, 358 Mo. 1237, 219 S.W.2d 650, and cases cited; State ex inf. Stipp ex rel. Stokes Mound School District No. 7 v. Colliver, Mo., 243 S.W.2d 344; Ward v. Consolidated School District No. 136 of Nodaway County, 225 Mo.App. 1139, 16 S.W.2d 598; ......
-
State ex rel. Conaway v. Consolidated School Dist. No. 4 of Iron County, 52582
...Missouri, V.A.M.S. State ex inf. Smoot ex rel. Kugler v. Boyer, Mo., 259 S.W.2d 375, 376(1); State ex inf. Stipp ex rel. Stokes Mound School District No. 7 v. Colliver, Mo., 243 S.W.2d 344, 346(1); State ex inf. Taylor ex rel Zeliff v. Whitford, 361 Mo. 185, 233 S.W.2d 694(1); State ex inf.......