State ex rel. Sch. Dist. No. 2 v. Bd. of Educ. of Appleton City
| Decision Date | 31 October 1876 |
| Parties | STATE ex rel. SCHOOL DISTRICT NO. 2, T. 39, R. 28, ST. CLAIR CO., Appellant, v. BOARD OF EDUCATION OF APPLETON CITY, Respondent. |
| Court | Missouri Supreme Court |
Appeal from St. Clair Circuit Court.
E. J. Smith, with W. P. Johnson, for Appellant, cited: State ex rel. Case vs. Searl, 50 Mo. 268; Sess. Acts 1867, p. 165; Adj. Sess. Acts 1868, pp. 163, 164; Adj. Sess. Acts 1870, pp. 127-134; Adj. Sess. Acts 1874, pp. 192, 193; Gen. Stat. 1865, ch. 47.
Clark & Ferguson, for Respondent.
This is a proceeding by quo warranto at the relation of school district No. 2, of township 39, range 28, in St. Clair county, against the board of education of Appleton City, charging them with usurping control over the territory and local affairs of said district No. 2.
The cause was tried upon an agreed statement of facts, from which it appears, that previous to the year 1870 said school district No. 2 was organized, and included all of sections 5, 6, 7 and 8 in said township; that in 1870 the town of Appleton City was laid out on a part of said section 5, and was duly incorporated by the county court of said county in February, 1871; that on the 10th of April, 1871, twelve resident freeholders of said district No. 2, eleven of whom resided in the said town and one outside of its limits, but within the limits of the district, caused a notice to be put up in three places in said town, notifying the electors of said district No. 2, including the town of said Appleton City, that on the 20th of April, 1871, a meeting would be held at the office of Reed & Emmons in said district, then and there to vote by ballot for or against the adoption of an act for the organization, in towns, of schools with special privileges. In pursuance of said notice a meeting was held at the place and time designated, at which seven residents of said district were present, two of them being outside and the others inside the town, who proceeded to vote for “school law,” or “no school law.” All voted except one who lived inside the town and one who lived outside the town, and the result was declared to be in favor of the school law as provided in the Act of March 1870, “to authorize cities, towns and villages to organize for school purposes with special privileges.” On the same day these notices were posted up, two inside and one outside of said town, stating that an election would be held on the 6th day of May, 1871, at the office of Reed & Emmons, for the election of six members to constitute the board of education for the town of Appleton City. At the time and place designated an election was held, at which six directors were elected, three of them being inside the limits of the town, and three of them being outside.
It is admitted that sixty-six persons voted at the said election, of whom forty-three lived in the town and twenty-three out of it, and of the whole number fifteen were registered and fifty-one not registered. It appears that the registering officer of the township came there on that day, and without notice having been given, swore those not formerly registered, and had them to sign the registration, but did not make any return or preserve the list.
The board thus elected organized on the 15th of May, and on the 29th of the same month issued $12,000 of bonds for the erection of a school house, and on the 31st of August issued $3,000 more of bonds for the same purpose, all of which went on the market and were sold. It was admitted that, ever since, said board of education has exercised and claimed authority over all the territory embraced in said district No. 2; that with the proceeds of said bonds they did erect a school house; that the people outside of said town acquiesced in said organization till September, 1871, when they were advised they were not bound by it; that a school was taught in said house, and from November, 1871, to May, 1872, the children throughout the district attended the same, and that there was no other school taught in the district; that in April, 1872, the people in said district No. 2, outside of said town, elected three directors for said district, and have continued annually to elect them since that time, and have continued to conduct a school independent of the school conducted by the board of education of Appleton City. It was also admitted that the records of the county court still recognize said sub-district No. 2 as an existing district.
On a trial of the cause the information was dismissed, defendants discharged and judgment for costs rendered against the relators, from which they have appealed.
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