State ex rel. Consol. School Dist. No. 2, Clinton County v. Hunt

• Decision Date: 22 December 1917
• Docket Number: No. 20387.,20387.
• Parties: STATE ex rel. CONSOL. SCHOOL DIST. NO. 2, CLINTON COUNTY, v. HUNT, County Clerk.
• Court: Missouri Supreme Court

199 S.W. 944

STATE ex rel. CONSOL. SCHOOL DIST. NO. 2, CLINTON COUNTY, v. HUNT, County Clerk.

No. 20387.

Supreme Court of Missouri. In Banc.

December 22, 1917.

Original proceeding in mandamus by Consolidated School District No. 2, Clinton county, against Joseph E. Hunt, county clerk, to extend a tax levy. Peremptory writ granted.

By this, an original proceeding in mandamus, relator seeks to compel the respondent, the county clerk of Buchannan county, to extend upon the tax books of said county for the year 1917 the tax levy made by relator upon land in Buchannan county lying within said consolidated district.

The petition alleges:

First. That relator on the 15th day of March, 1917, was duly organized as a consolidated school district under the laws of Missouri (Session Laws 1913, pp. 721 to 725), and since said time has continuously exercised its corporate franchise as such school district. Second. Sets forth the steps leading up to its incorporation, showing compliance with said statutes in that regard and the election of a board of directors and officers. By the petition it further appears that the boundaries of said consolidated district embrace land in both Buchannan and Clinton counties. Third. That afterwards, on April 3, 1917, the regular annual school election as provided by law was held; that at said meeting the board of directors was duly authorized to levy upon the taxable property of said district a tax of eighty cents on the $100 valuation for school purposes for the year 1917; that thereafter, and within the time required by law, said board of directors filed with respondent and also with the county clerk of Clinton county its estimate of the taxes necessary for school purposes for the year 1917 in amounts as follows: For employment of teachers and maintenance of said school as contemplated by law, the sum of eighty cents upon the $100 valuation, and for sinking fund on its bonded indebtedness the sum of forty cents, a total of $1.20 on the $100 valuation upon all taxable property in said district. Fourth. That said consolidated school district contains more than twelve square miles, and has an enumeration of less than two hundred school children, and that Gower, an incorporated village located within said district, did not at its last enumeration have two hundred children of school age. Fifth. That respondent, although duly requested so to do, has notified the relator that he will not extend said tax levy, or any part thereof, upon the tax books of Buchannan county.

Respondent's return alleges substantially as follows:

First. Admits that respondent is the clerk of the county court of Buchannan county; admits that the officers of the relator did on May 11, 1917, furnish him with an estimate of said taxes; that on the same date other school districts, a large portion of whose territory had been incorporated within the relator district, also furnished him with legal estimates of their taxes for the same year; that, not being learned in the law, he sought the advice of the prosecuting attorney of Buchannan county, who gave him a written opinion to the effect that the organization of the relator district was null and void for reasons therein stated, and that respondent was not required to extend said taxes on the tax books of Buchannan county. Second. The act of 1913, under which relator was organized, is null and void because it violates sections 20 and 30 of article 2 and section 1 of article 11 of the Constitution of Missouri. Third. Said act of 1913 is void because it conflicts with article 14 of the Constitution of the United States. Fourth. That the levy of eighty cents for general school purposes, as set out in relator's estimate furnished him, was not legal, because (a) it was not authorized by the voters and taxpaying citizens of said school district; (b) no legal notice was given of a meeting to be held for the purpose of making said tax levy. Fifth. That in the organization of said consolidated school...