Weidenbach v. Highmore Ind. Sch. Dist.

• Decision Date: 30 January 1920
• Docket Number: 3638
• Citation: 176 N.W. 29,42 S.D. 432
• Parties: FRED WEIDENBACH et al., Plaintiffs and appellants, v. BOARD OF EDUCATION OF HIGHMORE INDEPENDENT SCHOOL DISTRICT OF HYDE COUNTY, O. M. Hyde, President, and Henry Bottcher, Treasurer, Defendants and respondents.
• Court: South Dakota Supreme Court

42 S.D. 432

176 N.W. 29

FRED WEIDENBACH et al., Plaintiffs and appellants,

v.

BOARD OF EDUCATION OF HIGHMORE INDEPENDENT SCHOOL DISTRICT OF HYDE COUNTY, O. M. Hyde, President, and Henry Bottcher, Treasurer, Defendants and respondents. South Dakota Supreme Court Appeal from Circuit Court, Hyde County, SD Hon. John. F. Hughes, Judge #3638--Affirmed Harlan T. Bushfield Attorneys for Appellants. C. E. Noel, Gaffe, Stephens & McNamee Attorneys for Respondents. Opinion filed January 30, 1920

WHITING, J.

Prior to July 1, 1919, the school districts of this state were divided into two general classes: One containing all districts except those organized into What were designated as "independent school districts"; the other, the "independent school districts." Those belonging to the first class included township districts and districts comprising less than a township, and were designated either by the name of the township or, in the case of smaller districts, by number. It would appear from the record herein that the township within which is situated the city of Highmore had never been organized other than as a township school district, of which district the city of Highmore remained a part. On July 1, 1919, the present code of this state came into force and effect. It is the contention of the plaintiff and appellant that such code automatically, without any action whatever on the part of the residents within the above-mentioned township, took from said township district the city of Highmore and created of it an "independent school district," leaving the remainder of the township a "common school district." The sole question before us is the correctness of such contention.

The Revised Code of 1919 divides school districts along the same lines as they were classified under the former law, excepting that all districts other than the "independent" districts, consolidated districts and township high schools, are denominated "common school" districts. There was, however, one very material change made by such Revised Code. Under the prior lawns, incorporated cities and towns were, either by themselves or in connection with adjacent territory, permitted to organize as "independent" districts and to be governed by the laws pertaining thereto, and under such laws, as existed prior to such Code no school district could become an "independent" district, except by the affirmative act of the residents therein. But section 7532 of...