State ex rel. Boynton v. Board of Education of City of Topeka

• Decision Date: 29 April 1933
• Docket Number: 31363.
• Citation: 137 Kan. 451,21 P.2d 295
• Parties: STATE ex rel. BOYNTON, Attorney General, v. BOARD OF EDUCATION OF CITY OF TOPEKA.
• Court: Kansas Supreme Court

21 P.2d 295

137 Kan. 451

STATE ex rel. BOYNTON, Attorney General, v. BOARD OF EDUCATION OF CITY OF TOPEKA.

No. 31363.

Supreme Court of Kansas

April 29, 1933

Syllabus by the Court.

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, provided for hearing of controversies over questioned claims against governmental unit in composite cause by district court without jury, held not to violate constitution guaranteeing right to jury trial (Laws 1933, c. 319, §§ 4, 5; Const. Bill of Rights, § 5).

Presumption exists that Legislature intended to pass valid act.

If there is reasonable way to construe statute so that it is valid instead of invalid, that construction will be given it by court.

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, provided for giving creditor bond for debt, held not unconstitutional as violation of contract obligation (Laws 1933, c. 319, § 10).

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, provided that money derived from taxes distributable to funds against which indebtedness had been refunded could be applied to retirement of refund bonds, or used for current expenses, held not unconstitutional as authorization of wrongful diversion of tax money (Laws 1933, c. 319, § 11; Const. art. 11, § 4).

That bonds authorized by statute, designed to put subdivisions state authorized to raise money by taxation, together with outstanding bonds, might exceed subdivision's debt limitation, held not to render statute invalid since debt limitation, being statutory, could be changed (Laws 1933, c 319, § 8; Rev. St. 1923, 72--1705).

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, required claims against such subdivisions to be presented within 45 days after effective date of statute, held not shown to render statute invalid because unreasonably reducing statute of limitations (Laws 1933, c. 319).

Title of statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, held not to violate constitutional inhibition against containing more than one subject (Laws 1933, c. 319; Const. art. 2,§ 16).

Laws 1933, c. 319, is entitled, "An Act in reference to indebtedness of cities, counties, townships, boards of education, municipal universities, school districts high-school districts, drainage districts, and other municipalities, and providing for the funding of the same and prohibiting the drawing of warrants or making of contracts under certain circumstances, and providing penalties for the violations of this act."

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, empowered tax commission to determine when municipality was unable to function under statute, held not objectionable as wrongful delegation of legislative authority (Laws 1933, c. 319, § 16).

That statute, designed to put subdivisions of state authorized to raise money by taxation on cash basis, did not fix specific date of issue of refunding bonds, held not to render statute invalid (Laws 1933, c. 319).

In determining amount of refunding bonds issued under statute designed to put subdivisions of state authorized to raise money by taxation on cash basis, only services performed and material furnished for which claims were due and payable on April 30, 1933, should be considered (Laws 1933, c. 319, § 3).

In a proceeding questioning the validity of a recent act of the Legislature (House Bill No. 745), the statute is examined and held not to be invalid for any of the reasons suggested.

Original mandamus proceeding by the State of Kansas, on the relation of Roland Boynton, Attorney General, against the Board of Education of the City of Topeka, a corporation.

Writ of mandamus granted.

House Bill No. 745 [Laws 1933, c. 319] referred to in opinion, follows:

House Bill No. 745.

An Act in reference to indebtedness of cities, counties, townships, boards of education, municipal universities, school districts, high school districts, drainage districts, and other municipalities, and providing for the funding of the same, and prohibiting the drawing of warrants or making of contracts under certain circumstances, and providing penalties for the violation of this act.

Be it enacted by the Legislature of the State of Kansas:

Section 1. The following words, terms and phrases, when used in this act, shall, for the purpose of this act, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning: (a) "Municipality" shall be construed and held to mean county, township, city, board of education, municipal university, school district, high-school district, drainage district, and any other similar political subdivision or taxing district of the state. (b) The words "governing body" shall be construed and held to mean board of county commissioners of any county, township board of any township, mayor and councilmen or board of commissioners of any city, board of education of any city, school board of any school district, board of trustees of any high school, board of regents of any municipal university, board of directors of any drainage district, board of park commissioners of any city, and any other governing body or board of a municipality having authority under the laws of this state to create indebtedness against the municipality. (c) The word "person" shall be construed and held to mean persons, partnerships, associations and corporations. (d) The word "claim" shall be construed and held to mean any claim arising on contract express or implied, or a claim determined by final judgment, but shall not include claims arising from alleged tort or negligence on the part of the municipality.

Sec. 2. All municipalities are required to pay or refinance their valid indebtedness as in this act provided, in the manner and at the times herein set forth, and to contract no indebtedness after May 1, 1933, except as herein provided. It is hereby declared that the purpose of this act is to provide for the funding and payment of all legal debts and obligations except present bonded indebtedness of all municipalities and for the future conduct of the financial affairs of such municipality upon a cash basis.

Sec. 3. On or before the first day of May, 1933, the governing body of any municipality having outstanding indebtedness other than bonded indebtedness, shall make and compile or cause to be made and compiled a full, complete and detailed financial statement containing at least the following information as to the financial condition of the municipality as of April 30, 1933:

(A) Amount of registered warrants and accrued interest thereon classified by funds and years of issue.

(B) Amount of overdrawn funds other than bond funds for which a tax levy was made for the current tax year, showing each fund and the amount of its overdraft separately.

(C) Amount of overdrawn bond funds, and funds which should later be transferred to bond funds listed in such a manner that the net overdraft of all such funds is shown.

(D) Amount of all overdrawn funds for which no tax levy was made for the current year, showing each fund and the amount of its overdraft separately.

(E) Amounts collected by tax levy for sinking funds but which were expended for purposes other than that for which the tax was levied.

(F) Amounts of all valid claims against the municipality for services rendered or material furnished prior to the close of business on the last day of April, 1933, for which no warrant, check, or other form of payment of indebtedness has been issued, showing each separately, giving date, name of creditor, nature of claim and amount.

(G) Amounts of all other indebtedness of such municipality not secured by bonds and not enumerated above which were valid obligations of the municipality at the close of business on the last day of April, 1933, giving date, the name of the creditor, a short statement of what the indebtedness is for and the amount of each such indebtedness.

In addition to the foregoing statement of debits, a statement of all moneys on hand, where and how kept and of all moneys accruing or which shall accrue to the municipality from any source whatsoever (except taxation) before July 1, 1933, and an estimate showing the amount of taxes uncollected, delinquent and in process of collection which should be paid before July 1, 1933. The clerk and treasurer respectively of each municipality and any other officer of such municipality of whom the governing body shall request any information shall promptly and accurately supply the same to the governing body, all excuses and delays set aside, over their signature and oath, so that such statement may be prepared, posted and published on the first day of May, 1933, as herein provided.

Sec. 4. The governing body of any municipality having any of the items of outstanding indebtedness mentioned in section 3 hereof shall, on or before May 5, 1933, post a notice in as many and at the same places within its territory as were used for voting places at the last general election, and at the office of its treasurer and clerk and at each schoolhouse and make publication of a similar notice in a newspaper inside the county, qualified to print legal publications, for three consecutive weeks, the first publication being in the first issue for legal publications of said paper subsequent to May 1, 1933. Such notice so posted and published shall contain not only the complete financial statement herein required with full and complete...