203 P. 147 | Cal. Ct. App. | 1921
This proceeding is one in mandate to compel the respondent, as chairman of the board of supervisors of Los Angeles County, to sign certain bonds which petitioner proposes to issue for high school purposes. An alternative writ was issued, the return to which is made by demurrer to the petition.
The chief ground of opposition to granting the relief sought is the alleged irregularity in the procedure for the annexation of certain intermediate school districts to petitioner high school district, and without which, as constituent parts of said high school district, it is conceded the bonds could not be legally issued. These intermediate school districts, the annexation of which is attacked, are those of Leona, Palmdale, and Alpine school districts, all of which were annexed by orders of the board of supervisors made long prior to the election at which the bonds were voted and upon proceedings had and taken in all respects as provided *246 by section 1734 of the Political Code. This section provides that: "Whenever a majority of the heads of families or a majority of the electors residing in any school district contiguous to a high school district, in the same or in adjoining counties, as shown by the affidavit of one or more of the petitioners, shall present to the superintendent of schools who has jurisdiction over said high school district, a petition for the annexation of such school district to such high school district, accompanied by an agreement signed by a majority of the members of the high school board of the high school district to which annexation is desired, and by a majority of the trustees of such school district, consenting to such annexation and setting forth the terms thereof, such superintendent of schools shall, after verifying the signatures thereon and finding them sufficient, transmit such petition and agreement to the board of supervisors of his county with his recommendations thereon. Such board may thereupon, in their discretion, make an order annexing such school district to such high school district upon the terms agreed on."
As stated, the order of the board of supervisors was made after a full compliance with the statute, which, however, contains no provision requiring that, as a condition of making the order of annexation, notice must be given to the owners of land within or residents of such districts which it is proposed to annex. In the instant case none was given at any stage of the proceedings. By reason of such omission, respondent insists that the orders annexing the territory of Leona, Palmdale, and Alpine school districts to the high school district were ineffectual for the purpose and the same never became part of the high school district; and further insists that if section 1734 be construed as not requiring notice, then it is unconstitutional in that it contemplates the taking of private property without due process of law.
[1] Municipal corporations are subordinate subdivisions of the state government over which the state has plenary power, and they may be created, altered, or abolished at the will of the legislature acting directly or under general laws through a local board or council to which the exercise of such power is granted. (People v. Town of Ontario,
While counsel for respondent concedes the principles enunciated in the authorities cited, he insists the decisions of the supreme court in Brookes v. City of Oakland,
[3] In our opinion, the power of the board of supervisors to annex the territory of an intermediate school district to a high school district is measured by section 1734, above quoted; that since it requires no notice to be given residents or owners of property in the district annexed, none is necessary; and that the board of supervisors has discretionary power to act whenever it appears that the provisions therein contained have been fully complied with.
In the issuance of high school bonds, section 1745 of the Political Code provides that the notice shall be published not less than once a week for three successive weeks; that the first publication of said notice shall be not less than twenty-one days before said election. In the instant case it appears that the bond election was held on April 16, 1920. The first publication of notice thereof was made on March *250
26, 1920, and it was published on each succeeding day thereafter up to and including April 15th. The notice was therefore published not less than once a week for three successive weeks, and the first publication made on March 26th was twenty-one days before the day of such election. The language of the statute is almost identical with that construed in the case of Cosgriff v. Board of Election Commrs.,
It appears that bonds numbered 1 to 8 matured on June 1, 1921, and, since that date has passed, respondent insists that such bonds constituting overdue paper may not now be issued. We cannot assume that such bonds will be included in the proposed sale, nor that, if so included, other than the principal and interest accrued at maturity will be paid.
The notice of election, in the language of section 1745 of the Political Code, specifies the purposes for which the bonds, $200,000 in amount, were to be voted, which statute also provides that the bonds for the purposes stated may "be united and voted upon as one single proposition." There is no merit in the contention that the notice specified a dual purpose for which the bonds were to be issued, since the whole sum voted was for the purposes named in the notice. Moreover, were this not the case, the alleged irregularity is cured by the validating act designated chapter 336 and found in Statutes of 1921, page 456.
Neither can we assume, in the absence of any showing of such fact, that the amount of the bonds voted is in excess of the amount of five per cent upon the preceding equalized assessment of the district. On the contrary, the presumption is that the bonded indebtedness of the high school district, including that of the bonds proposed to be issued, is, as required by law, not in excess of five per cent of the total assessed valuation of all taxable, nonoperative property therein.
Our conclusion upon the points discussed renders it unnecessary to consider other questions presented.
The alternative writ of mandate heretofore issued is made peremptory.
Conrey, P. J., and James, J., concurred. *251