Union Sch. Dist. of City of Saginaw v. Council of Saginaw

• Court: Michigan Supreme Court
• Writing for the Court: MOORE
• Citation: Union Sch. Dist. of City of Saginaw v. Council of Saginaw, 232 Mich. 639, 206 N.W. 573 (Mich. 1925)
• Decision Date: 22 December 1925
• Docket Number: June Term.,No. 65,65
• Parties: UNION SCHOOL DIST. OF CITY OF SAGINAW v. COUNCIL OF CITY OF SAGINAW.

232 Mich. 639

206 N.W. 573

UNION SCHOOL DIST. OF CITY OF SAGINAW

v.COUNCIL OF CITY OF SAGINAW.

No. 65, June Term.

Supreme Court of Michigan.

Dec. 22, 1925.

Certiorari by the Union School District of the City of Saginaw to review action of the circuit court in denying writ of mandamus to compel the Council of the City of Saginaw to make assessment in accordance with estimate adopted by plaintiff. Judgment reversed, and writ granted if necessary.

Argued before McDONALD, C. J., and CLARK, BIRD, SHARPE, MOORE, STEERE, FELLOWS, and WIEST, JJ. Frank A. Picard, of Saginaw, for appellee.

MOORE, J.

There are two school districts in the city of Saginaw: One on the east side of the river; the other on the west side of the river. The plaintiff is the union school district comprising the territory on the west side of the river, and was organized in 1865 under Act No. 260 of the laws of the state of Michigan of the year. This act was rewritten in 1897 and adopted by the Legislature as Local Act No. 468, section 10 of which act reads:

‘Said board shall also have power, and it shall be its duty annually, to determine by vote, which shall be entered in the records of its proceedings, the amount of money necessary to be raised by tax on the property of said district, to defray the expenses of the schools of said district for the current year, including free text books and school supplies, for all grades, including the high school, and the amount necessary to pay the interest and principal of any liquidated debt due within such year, from such district, and to file with the board of estimates or other proper official designated in the charter of said city of Saginaw on or before the first day of May in each year, a statement in writing of the sum so voted; and it shall be the duty of the common council to apportion said sums to be raised among the wards of said city, which are included in said district, according to the valuation of the taxable property in the same, and to cause the same to be assessed on such property in the first general tax thereafter made, which said sums so assessed shall be and remain a lien on the property against which they are assessed until fully paid.’

Section 1 of plaintiff's charter provides that said district shall have all the powers and privileges conferred upon school districts by the general laws of this state.

Section 5676, C. L. 1915, as amended by Act No. 315, Public Acts of 1921, reads:

‘The district board shall have authority to vote such taxes as may be necessary for the regular running expenses of the school, which shall include school furnishings and all appurtenances, the care of school property, for such alterations as shall be necessary to place the schoolhouse in a safe and sanitary condition, teachers' wages, water supply, premium upon indemnity bond for the treasurer of the district, transportation of the pupils, record books and blanks, and all apparatus and material which may be necessary in order that the schools may be properly managed and maintained, and for the deficiencies in such funds for the preceding year, if any.’

Section 5680, C. L. 1915:

‘The district board shall hire and contract.’

Section 15 of 1897 reads:

‘Said board shall also have full power and authority * * * relative to the appointment of necessary officers and servants in and about said schools, their powers, duties and compensation, including a superintendent of the schools of said district; and said board shall be authorized to purchase, exchange, repair and improve the school apparatus, books, furniture, text books and all other school supplies used in the public schools including his schools,’ etc.

In the spring of 1924, the plaintiff adopted its estimate for the ensuing year, and filed the same with the board of estimates of the city of Saginaw. The board of estimates reduced the amount of money, determined by the school board to be necessary to be raised, over $20,000. Thereupon the plaintiff requested the council of the city of Saginaw to assess the full amount of money asked by the plaintiff. The city refused to assess the full amount, but did assess the amount as reduced by the board of estimates. The plaintiff petitioned the circuit court for the county of Saginaw for a writ of mandamus to compel the city council to assess the full amount. The circuit court denied the prayer for the writ of mandamus. By a writ of certiorari the Supreme Court is called upon to review the action of the circuit judges.

The charter of the city of Saginaw creates a board of estimates composed of five members appointed by the city council, no more than three of whom shall reside in any one taxing district.

The defendant justifies its action by calling attention to the provisions of its charter as follows:

‘Sec. 324. The council, after revising, altering and approving the estimate submitted to it by the several commissioners of the several departments as provided by section 327, shall on or before the first Monday in May, transmit the same, through the controller, together with an estimate, of any other taxes approved by it, to be raised for the ensuing year for the approval of the board of estimates as provided in this charter, and all propositions and resolutions for the borrowing of any money on the credit of the city, or issuing any bonds shall also in like manner be submitted to the board of estimates, except as herein otherwise provided. It shall be the duty of the council on or before the third Monday in May of each year, to determine by resolution the amount necessary to be raised by tax for the city purposes within said city for such year, which amount shall not for any purpose, except as in this charter otherwise provided, exceed the amount theretofore approved by the board of estimates, which in turn shall not exceed the rate per cent. as mentioned in the preceding section; and the council shall also at the same time determine and enter upon a record of its proceedings, the proportion on a percentage basis which each of the city funds, except school funds, shall bear to the total of such tax for all city purposes, except school purposes, and when any such city tax is collected as...