64 A.2d 1 | N.H. | 1949
Lead Opinion
Since more than a two-thirds majority of the votes cast were in favor of the article and it was declared adopted, the article was passed as stated in the warrant. 2 Words and Phrases (Perm. ed.) 485.
The plaintiffs allege that the vote of the district was void because it failed to fix the term of the bonds or to delegate the power to do so to the school board.
"It is a principle of general application that votes passed at town-meetings should be liberally construed. If they fall within the authorized powers of the town, ingenious distinctions . . . will not be unnecessarily resorted to, when the effect would be to defeat the apparent intention of the voters in a matter admittedly within their legislative province." New London v. Davis,
The passage of the vote to authorize the board to issue the bonds in a definite amount implied the delegation of all permissible authority to do whatever was reasonably necessary to effect such issue, unless contrary intention was shown. There is even more reason for the application of this principle where, as in the present case, the necessary conduct is described in the statute to which reference is made in the vote as a guide. It is not questioned that the power to fix the maturities could be delegated under R.L., c. 72, s. 10. This is not such case as Gore v. Lovering,
In the similar relationship of towns and selectmen, it has been held that a vote by the former for a particular act by the latter implies authority for such acts as are necessary to the performance of the expressly authorized act. In New London v. Davis, supra, the town voted to discontinue a highway upon condition that a property owner would at her expense build a highway to take its place and to instruct the selectmen to lay out the new highway. It was held that the selectmen had implied authority to apply to the Superior Court for discontinuance of the old highway. "The passage of the vote implies that all further steps were to be taken that were necessary to render the action of the town effective; and the statutes referred to furnish sufficient authority for the action of the selectmen in filing this petition." Id., 80. *390
So it has been held that a legislative act which expressly authorized the governor and council to negotiate, adjust and settle certain accounts or claims in favor of the state by necessary implication included authority to appoint an attorney and to do whatever else was reasonably necessary for the proper and efficient execution of the power. Opinion of the Justices,
While members of a school board are not agents of the school district in the ordinary meaning but are public officials, yet in so far as they derive power from the district, the general law of agency applies to the extent of the authority granted. This principle of the general law is stated in Restatement, Agency, s. 35 as follows: "Unless otherwise agreed, authority to conduct a transaction includes authority to do acts which are incidental to it, usually accompany it, or are reasonably necessary to accomplish it." See also, Davison v. Parks,
It is also argued that even if the school board was authorized to issue bonds, such bonds must mature over the maximum twenty-year period rather than the shorter period of ten years. If this is true, the action of the board was unauthorized and the bonds void. The law is clear that the school board may be delegated "the discretion of fixing the time and place of payment and the rate of interest of such bonds, and of providing for the sale thereof." R. L., c. 72, s. 10. It is provided in R. L., c. 72, s. 3, as amended by Laws 1947, c.
The vote passed did at least impliedly delegate to the school board the power to fix the time of payment of the bonds and this power was not limited to choosing the maximum period of twenty years for the payments. Each of the first two questions of the Court is answered in the affirmative, the third in the negative and the fifth affirmatively.
Bill dismissed.
Judgment for the defendants that the said bonds in all respects constitute valid general obligations of Pittsburg School District.
Dissenting Opinion
without expressing an opinion as to the effect of R. L., c. 72, s. 21, doubted that the action of the district was sufficient to delegate to the school board authority to fix the terms of the bonds: BLANDIN, J., was absent: the others concurred.