Turner v. State ex rel. King

• Decision Date: 10 April 1936
• Docket Number: No. 26193.,26193.
• Citation: 200 N.E. 864,210 Ind. 58
• Parties: TURNER v. STATE ex rel. KING et al.
• Court: Indiana Supreme Court

210 Ind. 58

200 N.E. 864

TURNER

v.STATE ex rel. KING et al.

No. 26193.

Supreme Court of Indiana.

April 10, 1936.

Action in mandate by the State, on the relation of Odes King and others, against Arthur B. Turner, etc. From the judgment the defendant appeals.

Affirmed.

Appeal from Boone Circuit Court; Brenton A. Devol, Special judge.

Frank E. Hutchinson and Roy W. Adney, both of Lebanon, for appellant.

E. C. Gullion, of Lebanon, for appellees.

ROLL, Chief Justice.

This is an action in mandate brought by appellees against appellant, wherein appellees sought to mandate appellant as trustee to maintain a joint elementary and high school in Washington township, Boone county, Ind.

Appellant answered the complaint by answer in general denial, and after hearing the court found for appellees and entered judgment of mandate against appellant.

Appellant's motion for a new trial was overruled, and this action of the court is the only assigned error on this appeal.

It appears from the record that in 1927 a proper petition was presented to the trustee of Washington School township, asking the trustee to establish and maintain a joint elementary and high school in the township. That pursuant to this petition and by the authority of section 6843, Burns' Ann.St.1926, section 6188, Baldwin's Ind.St.1934, under which the petition was filed, the trustee took proper steps to and did erect a building adequate to accommodate the elementary and high school grades. That the first eight grades have been maintained in such school, and the first year high school has also been established, but the complaint charges, and the appellant admits, that it is the intention of the trustee to abandon the first year high school course and not to establish the second, third, and fourth year high school and to transfer all high school pupils to other high schools. Appellant's reasons for so concluding are, that a majority of the patrons of the school township has so petitioned him, and that the cost of establishing the second, third, and fourth year high school would increase the bonded indebtedness of the township beyond the 2 per cent. constitutional limit.

It seems that appellant on appeal had abandoned the first reason as sufficient, as there seems to be no statute in this state giving the trustee the power to discontinue or abandon a high school upon a petition of a majority of the patrons, where the school was established and maintained under section 6843, section 6188, supra.

The only question presented by appellant's brief relates to the question of finance.

The evidence on this question is that the net taxable property of Washington township for the year 1931 was $2,620,460. Under the Constitution the 2 per cent. limit would be $52,409.20. The evidence showed that the township then had a bonded indebtedness of $51,000, leaving a margin of $1,409.20. The evidence further showed that the bonded indebtedness would be redeced by $5,000, in December, 1931, by taxes already levied and extended. That it would cost approximately $2,400to fully equip the second, third, and fourth year high school.

The court's judgment is as follows:

‘It is therefore considered and adjudged by the court that Arthur B. Turner, Trustee of Washington School Township, be and he is hereby mandated to maintain the joint elementary and high school heretofore established in his said school township.

‘And it is...