State ex rel. Worsham v. Ellis

• Decision Date: 01 December 1931
• Docket Number: 29730
• Citation: 44 S.W.2d 129,329 Mo. 124
• Parties: The State ex rel. S.D. Worsham, Appellant, v. Pad Ellis et al
• Court: Missouri Supreme Court

44 S.W.2d 129

329 Mo. 124

The State ex rel. S.D. Worsham, Appellant, v. Pad Ellis et al

No. 29730

Supreme Court of Missouri

December 1, 1931

Appeal from Wright Circuit Court; Hon. C. H. Skinker Judge.

Affirmed.

W I. Jackson and N. J. Craig for appellants.

(1) The fact that the directors thought there was insufficient funds with which to pay the teacher was not sufficient reason for closing the school, when by an examination of the treasurer's books they could have readily informed themselves of the financial status of the district. Laws 1927, p. 21, sec. 11138; Rudy v. School District, 30 Mo.App. 113, 6 A. L. R. 745. (2) A school district must not only provide the revenue, but must provide a teacher, school house, etc., for the eight months, otherwise the district must lapse and its directors be ousted, provided a levy of forty cents on the $ 100 valuation, together with the funds on hand, will enable it to have so long a term. State ex rel Whelchel v. Claxton, 263 Mo. 701, 173 S.W. 1049.

Fitzsimmons, C. Cooley and Westhues, CC., concur.

OPINION

FITZSIMMONS

This is a proceeding in the nature of quo warranto, instituted by the Prosecuting Attorney of Wright County, in the circuit court of that county, to oust the respondents from the office of school directors of Ellis School District No. 37, situated in Van Buren Township Wright County.

The prosecuting attorney acted at the relation of a resident taxpayer of the school district having children of school age. It is a statutory proceeding authorized by Section 1618, Revised Statutes 1929 (Sec. 2066, R. S. 1919). Upon trial, the circuit court gave judgment for the defendants and relator appealed to the Springfield Court of Appeals. The latter court rightly transferred the cause to this court which has exclusive jurisdiction of proceedings involving "the title to any office under this State." [Const. Art. VI, Sec. 12, and Sec. 5 of Amendment of 1884 to Art. VI.] The office of school director is an office under this State and hence the appeal should have been to the Supreme Court. [State ex inf. Sutton v. Fasse, 189 Mo. 532, 88 S.W. 1; State ex inf. Attorney General v. Parrish, 307 Mo. 455, 270 S.W. 688.]

The petition or information charges that respondents were the directors of Ellis School District No. 37 during the school year 1926-1927; that the district received state aid during that year under the provisions of Section 9285, Revised Statutes 1929 (Sec. 11211, Amended Laws of 1921, p. 637); that respondents employed a teacher at a salary of eighty dollars per month for the school year 1926-1927; and that the district school was conducted for only seven months that year, although, at the time of final dismissal, there remained a treasury balance of $ 129.45 applicable to the payment of the teacher's salary. Section 9195, Revised Statutes 1929 (Sec. 11124, R. S. 1919), provides that, whenever any school district shall fail or refuse for the period of one year to provide for an eight months' school in such year, provided a levy of forty cents on the one-hundred dollars' valuation, together with the public funds and cash on hand will enable them to have so long a term, the same shall be deemed to have lapsed as a corporate body, and the territory theretofore embraced within such lapsed district shall be deemed and taken as unorganized territory, and the same or any portion thereof may be attached to any adjoining district or districts for school purposes. Relator seeks to oust respondents from the office of school directors on the ground that Ellis School District No. 37 lapsed under the statute when it held only seven months of school in the scholastic year 1926-1927. Respondents by their answer deny that there was on hand, at the time that the school was dismissed or thereafter, a balance in the teachers' fund of $ 129.45, after the payment of all issued warrants. The directors allege that the school was dismissed after seven months session on account of lack of sufficient funds with which to conduct the school for the remaining month of the scholastic year.

At the trial, the parties stipulated, among other things, that on June 30, 1927, the last day of the school year, 1926-1927, there was on hand with the township treasurer $ 129.45 to the credit of the teachers' fund for Ellis School District; and that a levy of sixty-five cents on the $ 100 valuation had been made for the school year in question, of which levy forty cents was for the teachers' fund and twenty-five cents for incidentals. During the year the teacher, Mr. Herrick, made two trips to the office of the township treasurer to get a salary warrant cashed. This was due to the fact that there were not funds enough on hand to pay the warrant. With this in mind, one of the directors advised the teacher toward the close of the school year that "he had better keep himself informed as to whether there would be enough money for eight months." The teacher obtained a statement from the township treasurer, showing a balance to the credit of the teachers' fund of $ 155.44 from which was to be deducted one month's pay of $ 80. The teacher presented this statement at a school meeting, and declared that he was unwilling to go ahead "unless the school board make up the deficiency." Neither the teacher nor the directors knew whether the balance meant money collected or provided by levy. The directors would not assume liability for any deficiency. They had an eight months' contract with the teacher, but he said "he would quit under a written agreement." This was made and the school was closed. The record does not show what was the nature of the agreement, but the inference is that it was a cancellation of the contract of employment, and was prompted by the mutual fears of the directors and teacher that there would not be enough funds on hand with which to pay the last month's salary. The township treasurer testified that he made reports to the school district of the condition of its funds on March 25, June 1, and October 1 of each year, as was his duty, and that he reported to the Ellis School District on March 25, 1927, a balance in the teachers' fund of $ 155.44 from which a warrant for $ 80 was subsequently paid. Collections received after this report and after the school meeting at which the teacher had quit left a balance in the fund of $ 129.45. He did not report this to the board, but he thought that he told one of the directors about it. There were desultory efforts to reopen the school for the final month. One director asked Mr. Herrick, the teacher, to come back "and teach what there was out." Mr. Herrick declined, and the director appealed in vain to the teacher who had been employed for the fall term. Another director talked to nearly all the patrons of the school, but they said that they could not send back their children if the school were opened for the remaining month. Respondents did not file a brief. The record does not disclose any reason or theory of the trial court for the judgment given in behalf of defendants.

I. Relator urges as his first ground for the reversal of the judgment, that the court, over objection, admitted evidence on behalf of respondents that the school was closed because respondents thought that there were insufficient funds with which to pay the salary of the teacher. In support of this relator argues that under Section 11138, Revised Statutes 1919 (now Sec. 9210, R. S. 1929) relating to teachers' contracts, it is the duty both of the school board and of the teacher to apprise themselves of the amount of funds provided with which to pay the teacher before any contract of employment is made.

In the view which we take of this case, this and the further assignment of error, to be noticed later, are without merit. But, answering this objection directly, the statutes seem to contemplate that a teacher be employed by contract before a school district can apply for state...