171 Ind. 288 | Ind. | 1908
The court below issued an alternative writ of mandate upon the application of the relator. The writ- recited the following facts, in substance: The relator is a voter and taxpayer of school district number five in Lake township of Newton county. At the last enumeration there were eighteen children of school age in said district. Appellants are the duly elected, qualified and acting trustee and members of the advisory board of said township. On and prior to October 16, 1905, the school for said district was located and conducted at a particularly-described place in section twenty-seven, township thirty-one north, range nine west, which tract is still owned by said township. Prior to said date, by proper legal proceedings, said schoolhouse was ordered removed and located upon a different site. On November 24, 1906, a petition, signed by legal voters of said district, was'filed with appellant Brandt as trustee, praying for the erection of a new schoolhouse, at a cost not to exceed $800, upon the old schoolhouse site in section twenty-seven. This petition is fully set out, and purports to be verified
It is alleged that the prayer of the petition was denied by the trustee, and an appeal taken to the county superintendent, who, after hearing the matter, reversed the decision of the trustee, and ordered and directed him to grant the prayer of said petition, which order is in full force. A writ of mandamus was issued by the circuit court, requiring the trustee to call the township advisory board together in special session, to make the necessary appropriation for the building of said schoolhouse, and to submit to such board plans and specifications for such building. On June 29, 1907, in obedience to said writ, the trustee called the township advisory board together and submitted a requisition with plans and specifications for said schoolhouse, but at such session said board found that no emergency for the proposed work existed, and entered its finding upon the record. At the next regular session of said advisory board the trustee failed and neglected to submit his requisition for an appropriation of funds for the purpose of building said schoolhouse, and the advisory board failed and neglected to make any appropriation whatever for said purpose.
Upon these facts the writ commanded appellant Brandt, as trustee, to call the advisory board together, and to submit to them plans and specifications, and a requisition for funds, for the purpose of constructing a schoolhouse upon the described site in section twenty-seven, and for furniture and supplies necfessary to maintain a public school therein. Said writ required the other appellants, as members of the township advisory board, upon notice, to meet in special session, and appropriate, and authorize the trustee to expend of the available funds, an amount necessary for the construction and maintenance of such building and schoolhouse, and, in case the funds on hand were insufficient, the trustee was to be empowered to borrow money for such purposes. The trustee and the advisory board were to receive bids, and
The merits of the case are presented by the assignment, that the court erred in. overruling appellants’ demurrer to the alternative writ of‘mandate.
Under the former law the trustee was authorized to exer-. cise his own discretion, regardless of petitions, with respect to the removal and relocation of schoolhouses, subject only
“Section 1. Be it enacted by the General Assembly of the State of Indiana, that whenever it becomes necessary for the trustee of any township in this State to change and reestablish the site of any school building and remove said building to a new site and location therefor, such trustee shall first present to the county superintendent of schools of the county in which township it is situated, a petition setting forth therein the place and particular point to where it is desired to change and relocate the site of any such building, and to remove the same thereto, together with a brief statement of the purposes and reasons for such proposed change of location of said school building, and upon such petition shall first procure an order from such county superintendent authorizing him to ehangé the site and location of such school building and remove said building to its new site and location: Provided, that said petition shall be signed by said trustee and the majority of the patrons of the school where said building is located, and satisfactory proof shall be made to said county superintendent that the persons signing said petition constitute a majority of the patrons'of said school.
‘ ‘ Section 2. Before such county superintendent shall grant such order, such trustee shall make and file with said superintendent his affidavit that he has caused notice- to be given of such petition, the purposes thereof, the place of the change of location of such school building and the time when*293 the same will be presented to the said county superintendent by posting notices In not less than five public places in his township, three of which shall be in the immediate neighborhood from where such school building is to be removed, at least twenty days prior to the time when the same is to be heard by said county superintendent.
“Section 3. The trustee of any township in this State violating the provisions of this act shall be guilty of a misdemeanor, and upon conviction thereof, shall be fined in any sum not less than $50 nor more than $500.
“Section 4. All laws and parts of laws in conflict with the provisions of this act, are hereby repealed.”
The judgment is reversed, with directions to sustain appellants’ demurrer to the alternative writ of mandate.