State ex rel. Bell v. Board of Com'rs of Beadle County

• Decision Date: 26 November 1941
• Docket Number: 8445.
• Citation: 300 N.W. 832,68 S.D. 237
• Parties: STATE ex rel. BELL et al. v. BOARD OF COUNTY COM'RS OF BEADLE COUNTY et al.
• Court: South Dakota Supreme Court

300 N.W. 832

68 S.D. 237

STATE ex rel. BELL et al. v. BOARD OF COUNTY COM'RS OF BEADLE COUNTY et al.

No. 8445.

Supreme Court of South Dakota.

November 26, 1941

Appeal from Circuit Court, Beadle County; Boyd M. Benson, Judge.

Proceeding by the State, on the relation of G. G. Bell and others, for a writ of certiorari to review the action of the Board of County Commissioners of Beadle County in adopting a resolution instructing the county auditor to issue a warrant to a Beadle county organization for payment to a state organization of such county's proportionate share of the expense of obtaining passage of the state school fund amendment to the Constitution. From a judgment denying the writ, plaintiffs appeal.

Reversed.

Max Royhl and George E. Longstaff, both of Huron, for appellants.

H. W Markey, of Huron, for respondents.

WARREN, Judge.

A writ of certiorari was directed to the County Commissioners of Beadle County, South Dakota, by the Circuit Court asking that their action in adopting a certain resolution be reviewed. The resolution reads as follows:

" Whereas, at the Fall Election Beadle County is to vote with other counties in the State on the Question of South Dakota State School Fund Amendment to the Constitution of the State of South Dakota, and

" Whereas, the failure of passage of such constitutional amendment would mean a tremendous increase in the indebtedness of Beadle County, now in excess of $500,000 and an unbearable increase in taxes to the taxpayers of Beadle County, and

" Whereas, an organization has been perfected, which is statewide, to explain said amendment, educate the public in regard thereof and to push the passage of said amendment, and

" Whereas, the amount set out in Beadle County's proportionate share of expense has been set at $200.00.

" Now, Be It Resolved, that the Commissioners of Beadle County instruct the County Auditor of Beadle County to issue a warrant in the sum of $200.00 to County of Beadle organization through its Chairman, W. S. Davis for payment to State Organization for Beadle County's proportionate share."

Upon the return day the defendants made the return setting forth the adoption of said resolution. No evidence was taken by the court.

At the hearing it was contended that the resolution was wholly without the jurisdiction of the Board of County Commissioners and that they were without any power to enact or adopt it. The resolution it would seem was adopted in an attempt to obtain the enactment of an amendment of Section 11 of Article VIII of our Constitution as proposed by Chapter 232, S.D Session Laws 1939. It was argued that whether or not the constitutional amendment should be approved and adopted by the voters of the state at the November, 1940, election was a controversial matter at best and that no statutory authority existed for the exercise of the power to enact and adopt the resolution. Further it was urged that such resolution was void and in excess of any power of county commissioners because it purported to be for services and claims against the county and could only be allowed for services that had been rendered and not services to be rendered in the future.

The court made findings of fact to the effect that the Board of County Commissioners were empowered by statute to adopt the resolution appearing earlier in this opinion. Certain findings of fact seem essential at this stage in our opinion and we quote:

" II. That upon the 24th day of September, 1940, the Court issued a Writ of Certiorari ordering the County Auditor to certify into Court on the 8th day of October, 1940 a correct transcript of all proceedings concerning the said Resolution with the transcript of the Record, and that thereupon said County Auditor in compliance with said Order did certify into Court a correct transcript of all proceedings concerning said Resolution. That said return consisted of the Resolution showing that on September 3, 1940, the Commissioners had regularly passed said Resolution set out in Paragraph I. * * *

" IV. The Court finds that among the powers granted to the Board of County Commissioners by our Statute are 'to superintend the fiscal concerns of the county and secure their management in the best possible manner.' That Beadle County is indebted under the Permanent School Fund Law to an extent of $500,000 to $700,000. And that the Court finds the prospect of tax levies to pay the principal and annual interest of from $25,000 to $30,000.

" V. That the Board of County Commissioners provides in said Resolution for the performance of a ministerial function in W. S. Davis as agent in carrying out the provisions of the Resolution."

The trial court's memoranda opinion indicates that " the one question before the Court is whether the Board of County Commissioners of Beadle County has regularly pursued the authority of such board." In passing upon this question we are challenged by the plaintiffs' contention that no statutory authority exists for the enactment of the resolution....