State ex rel. School Dist. of Affton v. Smith

• Decision Date: 24 April 1935
• Citation: 82 S.W.2d 61,336 Mo. 1054
• Parties: State of Missouri at the Relation of School District of Affton, Relator, v. Forrest Smith, State Auditor
• Court: Missouri Supreme Court

82 S.W.2d 61

336 Mo. 1054

State of Missouri at the Relation of School District of Affton, Relator, v. Forrest Smith, State Auditor

Supreme Court of Missouri

April 24, 1935

Peremptory writ ordered.

Thomas G. Woolsey for relator.

(1) Technical objections as to the sufficiency of a school board's records will not be sustained where the records show a substantial compliance with legal requirements. State ex inf. v. Thompson, 260 S.W. 85; State ex inf. v. Bird, 295 Mo. 352, 244 S.W. 940; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Clardy, 267 Mo. 371, 185 S.W. 184; State ex inf. v. Jones, 266 Mo. 191, 181 S.W. 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (2) The court will take cognizance of the fact that school district records are made and kept by persons who are not necessarily schooled in the niceties of legal procedure. State ex inf. v. McKown 315 Mo. 1350, 290 S.W. 129; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Jones, 266 Mo. 191, 181 S.W 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (3) Laws affecting the organization of school districts will be liberally construed. State ex inf. v. McKown, 315 Mo 1350, 290 S.W. 129; Hudgins v. School district, 312 Mo. 11, 278 S.W. 771; State ex inf. v. Thompson, 260 S.W. 85; State ex rel. v. School District, 238 S.W. 821; State ex inf. v. Foxworthy, 301 Mo. 383, 256 S.W. 468; State ex rel. v. Sims, 201 S.W. 911; State ex inf. v. Jones, 266 Mo. 191, 181 S.W. 50; State ex rel. v. Job, 205 Mo. 34, 103 S.W. 502. (4) School district records may be amended to make them speak the truth concerning previous proceedings. Peter v. Kaufmann, 327 Mo. 915, 38 S.W.2d 1062; Beauchamp v. School District, 247 S.W. 1006, 297 Mo. 64; State ex rel. v. Hackmann, 219 S.W. 95, 277 Mo. 56.

Roy McKittrick, Attorney General, and Covell R. Hewitt, Assistant Attorney General, for respondent.

(1) In determining whether all conditions of the law had been complied with in the issuance of the bond, it was the duty of respondent to determine, among other things, whether or not the bond was being issued by a legally organized and existing school district. State ex rel. Buckley v. Thompson, 323 Mo. 248, 19 S.W.2d 714; State ex rel. School District v. Thompson, 325 Mo. 1170, 30 S.W.2d 603. (2) Where a pretended town school district is unable to produce proper evidence to show that it is a duly and legally organized district, bonds attempted to be issued by such district are not entitled to registration by the State Auditor. Secs. 2915, 2920, R. S. 1929; State ex rel. Buckley v. Thompson, 323 Mo. 248, 19 S.W.2d 714. (3) It is essential that the records of a school district contain evidence of its incorporation. 43 C. J., sec. 45, p. 96. (4) A school district may speak only through its records where, as here, the statute requires that a record of proceedings be kept. Sec. 9289, R. S. 1929; 23 R. C. L., secs. 6, 9, pp. 158-160; Thornburg v. School District, 175 Mo. 24, 75 S.W. 84; Martin v. Bennett, 122 S.W. 780; Kane & Co. v. School District, 48 Mo.App. 414. (5) Records of a school district may not be amended by a former district clerk, after the expiration of his official tenure. 56 C. J. 339; 53 C. J., pp. 618, 619; 2 McQuillin on Mun. Corp. (2 Ed.), pp. 509, 510; Stoughton v. Atherton, 12 Metc. 105; Beck v. School Dist., 76 Ohio St. 587; Baker v. Webber, 102 Me. 414, 67 A. 144.

OPINION

Tipton, J.

Original proceeding in mandamus to compel the respondent, as State Auditor, to register one of a series of bonds issued by the relator. Issuance of the writ was waived. Respondent accepted relator's petition as and for the writ and made return thereto in which he admits the facts alleged in the petition for the writ, and further alleges reasons why the bond should not be registered. Relator then moved for judgment on the pleadings.

Respondent does not question the legality of the steps taken looking to the issuance of the bonds, but does assign as a reason for his refusal to register the bond, that relator was not legally organized as a town school district and therefore, had no authority to issue the bonds.

On November 14, 1934, relator herein filed in this court its application and petition for an alternative writ of mandamus to be directed to respondent herein, requiring and commanding him to register Bond No. 1, hereinabove referred to or to show good and sufficient cause why he should not do so. That cause was numbered 34002. In that cause we quashed our alternative writ for the reason that the transcript of the proceedings filed by relator with respondent was insufficient to show the legal organization and existence of the relator district, in that the record presented to the respondent showed that the board instructed the clerk to post notices of the annual meeting and include therein the proposition for the consolidation of the school district and therefore under such a record the district could not be organized into a town school district.

Following the rendition of our opinion in State ex rel. School District of Affton v. Forrest Smith, State Auditor, 336 Mo. 703, 80 S.W.2d 858, Chas. Merckel, clerk of School District No. 47, at the time the order was made, amended the minutes of that meeting, and the relator caused to be filed in the office of respondent a record of the amended minutes and certified copy of what purports to be a copy of the notice of the annual school meeting held in the School District No. 47, on April 7, 1931.

The minutes of the proceedings of the board on March 4, 1931, were amended as follows:

"Affton Mo.

"January 19, 1935,

"It having been brought to my attention that the following minute entry appearing on Page 41 of the proceedings of the Board of Directors of School District No. 47 (McKenzie School) of St. Louis County, Missouri:

"'By motion the Clerk was instructed to post the annual notices also the proposition of consolidation of the school district for the annual meeting,' entered by me as District Clerk of the aforesaid district under date of March 4, 1931, is not a full, complete or correct statement of the action then taken by said Board, I do hereby correct the minutes of the meeting of said Board held on the aforesaid date by striking out the above quoted paragraph and by inserting in lieu thereof the following:

"'By motion the Clerk was instructed to post notices of the annual school meeting and to include in said notices the proposition of organizing School District No. 47 (McKenzie School), of St. Louis County, Missouri, into a town school district, as petitioned for in writing by ten or more voters who are resident tax payers of the district.'

"This correction of said minutes is made on the basis of my personal recollection of the action, in truth and fact, taken by said Board of Directors on March 4, 1931, and as confirmed by the personal recollection of Arthur D. Rodgers and Geo. J C. Wohlschlaeger and Harry J. DeGrendele, all of the three members of said Board who were in...