State ex rel. School District No. 45 v. Cloud

• Decision Date: 13 November 1915
• Parties: STATE ex rel. SCHOOL DISTRICT NO. 45, Appellant, v. W. B. CLOUD, County Clerk, Respondent
• Court: Missouri Court of Appeals

180 S.W. 26

192 Mo.App. 322

STATE ex rel. SCHOOL DISTRICT NO. 45, Appellant, v. W. B. CLOUD, County Clerk, Respondent

Court of Appeals of Missouri, Springfield

November 13, 1915

Appeal from Greene County Circuit Court.--Hon. Guy D. Kirby, Judge.

AFFIRMED.

Judgment affirmed.

V. O Coltrane and Neville & Gorman for appellant.

J. R Roberts and John Schmook for respondent.

ROBERTSON P. J. Farrington and Sturgis, JJ., concur.

OPINION

ROBERTSON, P. J.

--Quoting from the abstract of record: "The plaintiff's petition is for a writ of mandamus against the defendant, requiring him to ascertain and extend the taxes on the tax books against the property in the limits of District No. 45 as theretofore organized.

"The answer sets up in proper form that School District No. 45 together with three other districts (in Greene county), have been duly formed into a consolidated High School District under the law of 1913, as provided for in the Act relating to schools on pages 721, 722, 723, 724 and 725, of the Session Acts of 1913."

The respondent prevailed below and relator has appealed.

That part of section 3 of the act involved (Laws 1913, page 722) is as follows, except we have added the italics to designate the portions giving rise to the controversy here:

"When the resident citizens of any community desire to form a consolidated district, a petition signed by at least twenty-five qualified voters of said community shall be filed with the county superintendent of public schools on receipt of said petition, it shall be the duty of the county superintendent to visit said community and investigate the needs of the community and determine the exact boundaries of the proposed consolidated district. In determining these boundaries, he shall so locate the boundary lines as will, in his judgment, form the best possible consolidated district, having due regard also to the welfare of adjoining districts. The county superintendent of schools shall call a special meeting of all the qualified voters of the proposed consolidated district for considering the question of consolidation. He shall make this call by posting within the proposed district ten notices in public places, stating the place, time and purpose of such meeting. At least fifteen days' notice shall be given and the meeting shall commence at two o'clock, p. m. on the date set. The county superintendent shall also post within said proposed district five plats of the proposed consolidated district at least fifteen days prior to the date of the special meeting. These plats and notices shall be posted within thirty days after the filing of the petition. The county superintendent shall file a copy of the petition and of the plat with the county clerk and shall send or take one plat to the special meeting. The special meeting shall be called to order by the county superintendent of schools or some one deputized by him to call said meeting to order. The meeting shall then elect a chairman and a secretary and proceed in accordance with section 10865, Revised Statutes 1909."

The contention by appellant here is that the election favoring the consolidation of the districts should be declared void because it is said the county school superintendent posted not to exceed three of the notices and two of the plats required by said Act, but the remainder of the notices and plats called for "were posted by others, qualified voters of said proposed consolidated district and in public places therein, at the instance and by the request of said superintendent," and because the copy of the petition and of the plat were not...