Trumbo v. People of State
| Decision Date | 30 September 1874 |
| Parties | AMBROSE TRUMBOv.THE PEOPLE OF THE STATE OF ILLINOIS. |
| Court | Illinois Supreme Court |
OPINION TEXT STARTS HERE
APPEAL from the Circuit Court of La Salle county; the Hon. EDWIN S. LELAND, Judge, presiding.
Messrs. BUSHNELL, BULL & GILMAN, for the appellant.
Mr. CHARLES BLANCHARD, for the appellees.
This was a proceeding originally commenced in the county court of La Salle county, for the purpose of obtaining judgment for a district school tax against certain real estate of appellant. The application for judgment was defeated in the county court, an appeal taken to the circuit court, where judgment was rendered for the taxes and the lands ordered to be sold, from which judgment this appeal was taken.
The question is, as to the rightful formation of the school district which assumed to levy the taxes, and the consequences thereof if not legally formed. The case was tried below upon an agreed state of facts:
That on the 7th day of April, 1873, a petition was presented to the trustees of schools of township thirty-three, in range four, in La Salle county, by a majority of the voters residing in each of the school districts Nos. 7 and 10 in said township, showing that a portion of the inhabitants of said school districts were not properly accommodated with school privileges, and requesting the board of trustees to set off and organize a new district from the following described territory (here follows the description), all of said territory being then attached to and forming a part of the aforenamed districts, Nos. 7 and 10. Thereupon the board of trustees from the two old districts formed a new district, which they designated No. 6. The school property in districts Nos. 7 and 10 was appraised, district No. 6 organized, and a school house built therein, to pay for which the tax in question was levied The land of appellant, against which the judgment was rendered, was formerly in district No. 7, and by the formation of district No. 6, was placed within the boundaries of the latter district.
It was stipulated that the district lines of the new district, No. 6, were brought within one mile of the school houses in each of the old districts, Nos. 7 and 10.
The provision of law as to the formation of school districts is contained in section 33 of the school law, and is as follows:
§33. “Trustees of schools in newly organized townships shall lay off the township into one or more districts, to suit the wishes and convenience of a majority of the inhabitants of the township, and shall prepare, or cause to be prepared, a map of the township, on which map shall be designated the district or districts, to be styled, when there are more than one, ‘District No. , in township No. ,’ which districts they shall change at any regular meeting, upon the following conditions, and not otherwise.”
Then follow five enumerated cases, the third one of which is as follows:
We are of opinion this case falls under the third class, although some question is made in that respect. We do not see how, under this section, after the township has once been laid off into school districts, a new district can be formed out of other already existing districts lying wholly in one township, except in accordance with the provisions of this third clause. It seems to us to be the only one which is applicable to such case, and it was so held in School Trustees T. 14, R. 5 W. v. The People, decided at the January term, 1874, of this court.
The new district, then, was not legally formed, because the line of it was brought nearer than one mile to any school house. This was in direct...
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