The Trustees of Sch. v. People Ex Rel. Abraham Travis.

• Court: Illinois Supreme Court
• Writing for the Court: WALKER
• Citation: The Trustees of Sch. v. People Ex Rel. Abraham Travis., 76 Ill. 621, 1875 WL 8254 (Ill. 1875)
• Decision Date: 31 January 1875
• Parties: THE TRUSTEES OF SCHOOLSv.THE PEOPLE ex rel. ABRAHAM TRAVIS.

76 Ill. 621

1875 WL 8254 (Ill.)

THE TRUSTEES OF SCHOOLS

v.THE PEOPLE ex rel. ABRAHAM TRAVIS.

Supreme Court of Illinois.

January Term, 1875.

APPEAL from the Circuit Court of Macoupin county; the Hon. CHARLES S. ZANE, Judge, presiding.

Mr. WILLIAM H. SNELLING, and Messrs. RINAKER & KEPLINGER, for the appellants.

Mr. F. H. CHAPMAN, and Mr. W. R. FRENCH, for the appellee.

Mr. CHIEF JUSTICE WALKER delivered the opinion of the Court:

Appellee and others, residents of township 10 north, in range 6 west, and in township 9 north, in range 6 west, petitioned for the formation of a new school district. The petition, in every particular, conformed to clause 3, of section 33, of the school law, (R. S. 1874). On the presentation of the petition to the trustees of schools in township 9, they granted the prayer of the petition, but the trustees of township 10 declined to grant the prayer. Thereupon appellee filed his petition for a mandamus to compel the trustees to pass an order erecting the district. The trustees first filed a demurrer thereto, but being overruled, they then filed their return, and, amongst other things, deny that the petition was signed by all of the legal voters of the territory proposed to be erected into a new district, and allege that one of the boundary lines thereof would pass within less than one mile of a school house; that the formation of the new district would not promote the interest of education, would be injurious, and greatly increase the expense of the schools; nor was the district needed by the inhabitants of the portion of territory proposed to be detached from township 10.

A replication was filed to so much of the answer as denied that the petition was signed by the legal voters residing in the territory proposed to be erected into the new district, and that its lines would run within one mile of a school house. A demurrer was sustained to the other portions of the return. A trial was had by the court, a jury having been waived by consent of parties. The issues were found for petitioners, and an order was entered that the trustees grant the relief asked.

The provision of the statute under which this controversy arises, is this: “Upon petition of all the voters in any territory containing not less than five families, representing that they are not properly accommodated with school privileges, but will be by being added to another district, or formed into a new district; and upon petition of a majority of the voters of such...