147 Ga. 323 | Ga. | 1917
The provision of the statute in regard to the shaping of the district so that no territory shall be included the occupants of which reside further than three miles from the schoolhouse is directory and not mandatory, and may be varied where the board of education deems it impracticable to literally comply with the'statute. The evidence as to how nearly the board complied with the provisions of the statute in laying off the districts is not definite, but it does show a substantial compliance therewith; and in view of the discretion allowed the board, the judgment will not be reversed. Civil Code (1910), § 1531. Besides, this is a matter that must be determined by the board of education,' and á court of equity will not entertain jurisdiction of the subject where there is no abuse of discretion. Meadows v. Board of Education of Paulding
The evidence in regard to the filing, in the office of the ordinary, of the map provided hy the statute does not show such a failure to comply with the law as will require the grant of an injunction against the collection of the school taxes. Dobbs v. Hardin, supra.
Where a railroad is made the boundary between two school districts, the railroad is no more in one district than the other. The line is the center of the railroad midway between the rails of the main track. Trustees of Eddyville Schools v. Board of Education, 141 Ky. 136 (133 S. W. 183).
Where a school district is so indiscriminately known and recognized by more than one name by the people in the territory and through the county that no one is misled as to what territory is meant by the use of either name, and two or all three of these names have been employed in the various proceedings incident to the calling of an election and the declaring of the result thereof for the establishment of a school district, the judgment of the court denying an injunction against the collection of school taxes in such district will not be set aside on account of such irregularity.
In'the passage of this law the legislature considered the beneficial effects of such taxation, and determined that the tax should be laid subject only to referendum of the people to be affected in each district. They delegated to the board of education the ministerial duties of carrying the provisions of the act into effect. This they had a constitutional right to do. Southern Ry. Co. V. Melton, 133 Ga. 277, 278 (65 S. E. 665). The taxpayers were afforded full opportunity to be heard, first, through their representatives in the General Assembly on the passage of this act; and next, in the exercise, by those residing in the district, of their right to vote in the election called for the purpose of ascertaining the will of the people; and lastly, the courts were open to them to test any part of the law, or the manner of carrying it out, and of this last privilege they have properly availed themselves. Gray on Limitations of Taxing Power and Public Indebtedness, § 1130. This author shows a distinction between the notice and hearing required in judicial proceedings and proceedings for the levy and collection of taxes. Id. § 1129. It has already been held by this court that this act was not unconstitutional on the ground of de-' nying due process of law. Coleman v. Board of Education, 131 Ga. 643 (4), 647 (63 S. E. 41). We have somewhat elaborated upon what was said in the last-named ease, because the grounds of assignments of error were based on different reasons. ■
The law under examination in the case of Embree ¶. Kansas City Eoad District, supra, contained a referendum, and it was declared constitutional. It is argued, however, that it provided for a hearing on the question of benefits, while the act creating the school district in question makes no such provision. Our reply is that the school tax concerns public taxation for which the public benefits are so self-evident and uncontrovertible that a hearing other than that allowed under the act as above explained would be a senseless proceeding. The question of benefit to the property taxed is not involved, as the two cases stand upon different prin
Judgment affirmed.