110 Iowa 702 | Iowa | 1899
For some time prior to the commencement of this suit the township of Franklin, in Greene county was organized for school purposes, under the name of the-“District Township of Franklin.” Within the limits of the-township was located the unincorporated village of Cooper. In February of the year 1896, the defendants and others,,
Appellees contend, however, that they demanded a settlement of the plaintiff, and that plaintiff refused to meet them for that purpose. A careful examination of the record leads us to the conclusion that no such demand was made. There were, it is true, two different meetings regarding a settlement. But that settlement was not the division of the assets and liabilities contemplated by the statutes to which we have referred. The matters discussed at these meetings were the legality of the organization of the independent district, and what should be done to induce the defendants and others, who' represented the independent district, to abandon their proceedings looking to the organization of a new district. At the first meeting, some kind of an agree1 ment was made by which these defendants agreed to abandon their organization. But at the second meeting a contro'versy arose as to whether the plaintiff had agreed to1 vote the tax for the new school, house, or whether it should actually be built, and as to whether the defendants should abandon their organization before the new school house was erected. Nearly everyone present at the second meeting became angry, and quite a number left before it was concluded. We do not think there was any statutory demand for settlement and division of assets and liabilities at this second meeting. But, if there was, it was of no validity, because the demand did not come from any one who was authorized to make it, and was not made of any one who was authorized to act. The persons who', it is said, made the demand, persisted in declaring that they were present in an individual capacity, and not as mem
Appellees further contend that the school house of sub-district No. 2, which they purpose taking, is no more than they are entitled to, on a fair division of the property. This may be true, but the difficulty is that we.have no authority to so declare. That question must be settled by the special tribunal created by statute. Hence the evidence as to the assets and liabilities of the respective districts was and is wholly incompetent and irrelevant.
Appellant contends that appellees have abandoned their attempt at separate organization by the first agreement, to which we have referred. In view o-f the conclusion reached on the other proposition, that point need not be determined. Nor are we required to pass upon the legality of the legalizing act. It may be observed in passing, however, that there is much to be said in favor of the proposition that it is invalid, as applied to the peculiar facts of this ease. Further investigation might lead to a different conclusion, however, and we are not disposed to do more than express our doubts regarding the validity of the act. The judgment of the district court is reversed' and the cause is' remanded for a decree in harmony with this opinion. — Reversed.