Della HADLEY et al., Appellants, v. The JUNIOR COLLEGE DISTRICT OF METROPOLITAN KANSAS CITY, Missouri, et al., Respondents.
No. 52758.
Supreme Court of Missouri, In Banc.
Sept. 9, 1968.
Rehearing Denied Oct. 14, 1968.
There was no evidence whatsoever that the city needed either the county-owned property nor the Shelton pasture land for any extension of streets or utility lines, construction of water storage facilities, sewage treatment plants nor any other municipal purposes. Likewise, there was a total absence of proof that the land in this Tract No. 4 was needed to supply places of business for the city‘s residents.
We conclude that on consideration of all of the evidence, the city has failed to adduce sufficient proof to make “debatable” the question of whether the annexation of Tract No. 4 is reasonable or necessary to the proper development of Rock Port. With the failure to establish that first statutory requirement the annexation is, per se, unreasonable. City of Bourbon v. Miller, supra, 420 S.W.2d 1. c. 303.
In the present case, there was but one annexation ordinance as in the City of Bourbon case, in which this court, En Banc, stated:
“It is obvious that the safest manner in which to propose the annexation of separate and distinct tracts is by separate proceedings; also, in that way the people of the city are permitted to express their choice upon each tract separately. If a city wishes to stand or fall upon the whole ‘package,’ it may proceed as plaintiff did here.” 1. c. 302.
The judgment is reversed and the trial court is directed to dismiss plaintiff‘s petition.
HENLEY, P. J., and STORCKMAN, J., concur.
SEILER, J., not sitting.
Norman H. Anderson, Atty. Gen., Louis C. Defeo, Jr., Asst. Atty. Gen., Jefferson City, Dietrich, Tyler, Davis, Burrell & Dicus, William J. Burrell, Clarence H. Dicus, Arlyn D. Haxton, Kansas City, for respondents except Norman H. Anderson.
EAGER, Judge.
The plaintiffs here challenge as unconstitutional the method prescribed by
“1. In the organization election six trustees shall be elected at large, except that if there are in the proposed junior college district one or more school districts with more than thirty-three and one-third per cent and not more than fifty per cent of the total school enumeration of the proposed district, as determined by the last school enumeration, then each such district shall elect two trustees and the remaining trustees shall be elected at large from the remainder of the proposed district. If any school district has more than fifty per cent and not more than sixty-six and two-thirds per cent of the total school enumeration of the proposed district then three trustees shall be elected at large from such school district and three trustees at large from the remainder of the proposed district. If
any school district has more than sixty-six and two-thirds per cent of the total school enumeration of the proposed district then four trustees shall be elected at large from such school district and two trustees elected at large from the remainder of the proposed district. If the trustees are elected at large throughout the entire proposed district, the two receiving the greatest number of votes shall be elected for terms of six years each, the two receiving the next greatest number of votes, for terms of four years each, the two receiving the next greatest number of votes, for terms of two years each. If the trustees are elected in any manner other than at large throughout the entire proposed district, then the trustees elected shall determine by lot the two who shall serve for six years, the two who shall serve for four years and the two who shall serve for two years. The period of time between the date of the organization election and the date of the first regular election of the junior college district is considered a full two years in the terms of the directors. Thereafter, all trustees elected shall serve for terms of six years each. “2. Candidates for the office of trustee shall be citizens of the United States, at least thirty years of age who have been resident taxpayers of the proposed district for at least one whole year preceding the election and if trustees are elected other than at large they shall be resident taxpayers of those election districts for at least one whole year next preceding the election. All candidates for the first board of a district shall file their declarations of candidacy with the state board of education at least thirty days prior to the date of the organization election.”
Plaintiffs seek to apply strictly the “one man, one vote” principle to the election of all trustees of the defendant district (which we shall refer to as the “district“). That district is composed of eight school districts, and includes parts of Jackson, Clay, Cass and Platte Counties, for a total area of about 400 square miles. Since we are dealing only with the pleadings and a stipulation, we are limited in the facts which we may consider. Plaintiffs have, in their brief, gone somewhat outside the allegations of their first amended petition. A “Stipulation and Statement of Case” filed here under our Rule 82.13 adds little more; it eliminates one pleaded issue, states that the defendant district was organized on June 5, 1964, under Chapter 178, and that it has since maintained a junior college, offering 13th and 14th year courses; it lists in an exhibit the respective enumeration figures. Much of the statement of the case consists of a recital of the controversial legal contentions. It is stated that the latest “school enumeration” of the Kansas City School District was 123,754 and that the total school enumeration of the remaining seven school districts in the defendant district was 84,252. Thus, the enumeration of the Kansas City District is 59.49% of the total. It is also alleged that three trustees were elected from the Kansas City District and three from the remainder of the defendant district. Further allegations of the petition are, in substance: that the trustees exercise legislative and administrative functions, including “the levying of taxes, preparation of an annual budget, establishing of policies and procedures for the government of the district and otherwise functioning as the legislative and policy making body of the district;” that plaintiffs are denied the equal protection guaranteed by the
Motions to dismiss were filed, one by defendant Anderson separately, and one by the other defendants jointly. These challenged the validity of this suit as a proper class action against other junior college districts, and alleged that the petition failed to state a claim upon which relief could be granted. On December 2, 1966, the court entered an order sustaining both motions to dismiss but allowed plaintiffs 10 days to plead further; plaintiffs then filed a “Motion for Rehearing or New Trial” which was overruled. They filed no further amendment. The court thereupon denied leave to plaintiffs to dismiss Count I (the only part involved here) without prejudice, noted that plaintiffs had failed to plead further, and entered final judgment dismissing plaintiffs’ petition and cause of action with prejudice. Appeal was duly taken.
While we are furnished with rather meager facts, it does appear that the defendant district was organized under Chapter 178, and that the Kansas City School District has, under the statutory formula, elected three of the six trustees. The record further shows, as already indicated, that the Kansas City School District contains 59.49% of the “school enumeration.” That term is described in
The issue is simply whether our statutory formula contained in
We shall spend no time in reviewing those cases which hold that the districts as apportioned for the election of members of state legislatures must be fixed on a one man, one vote principle, with substantial equality for the votes of all. Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed. 2d 506; Lucas v. Forty-Fourth General Assembly of State of Colo., 377 U.S. 713, 84 S.Ct. 1459, 12 L.Ed.2d 632. The principle has also been applied to state-wide primary elections. Gray v. Sanders, 372 U.S. 368, 83 S.Ct. 801, 9 L.Ed.2d 821, and to the apportionment of congressional districts. Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481. We pass those cases for a discussion of others which come closer to our problem.
In Avery v. Midland County, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 (April 1, 1968), the court held that this requirement was applicable to the election of the members of a County Commissioners Court in Texas. Four members were elected from districts (one by each) and one at large. One district had a population of 67,906; the others 852, 414 and 828. The disproportion was thus enormous. The County Commissioners were found to have these powers: to appoint various officials, let contracts, build roads and bridges, administer welfare funds, supervise and regulate elections, fix the county tax rates, adopt the budget, operate all county institutions, fix the boundaries of school districts, fix the boundaries of its own electoral districts, act as a board of equalization on all county tax assessments, and issue county bonds. The court also had authority to construct and operate an airport and libraries and to control public housing. The Texas Supreme Court held that the existing districts were improperly created, but that other elements besides population could be considered. The opinion of the United States Supreme Court seems to have recognized
We next discuss the case of Sailors v. Board of Education, 387 U.S. 105, 87 S.Ct. 1549, 18 L.Ed.2d 650; however, we shall begin with the decision of the Three Judge District Court shown at 254 F.Supp. 17, 28. There the members of a 5-member County Board of Education were elected by delegates (one) from each of 39 local school districts in the county. The County Board had the power to transfer local districts (or parts of districts) or essentially to annex and de-annex; it appointed the county superintendent; it levied school taxes, made and adopted the budget, conducted the school census, acted as consultant to the various districts, and conducted special education programs. There were 39 local districts; one of these contained 55.6% of the total county population. The greatest population disparity between districts was approximately 200-1, but each local district elected one delegate to the assembly which, in turn, elected the county board. The majority of the District Court held: that the courts are not required to review the apportionment of every “board and agency of the several states, cities, villages, counties, parishes, townships, metropolitan districts, and all other such policy and decision making bodies which are in existence for the purpose of carrying out the intent of the legislatures which authorize their creation;” that the proper apportionment of such bodies should be left to the action of the legislatures, which are now required to be properly apportioned themselves.
The opinion of the Supreme Court on appeal is shown at 387 U.S. 105, 87 S.Ct. 1549, 18 L.Ed.2d 650. The court noted that the members of the local school boards were elected by the people (concerning which no question was raised) and that these boards, as stated, elected one delegate each to an assembly which elected the county board. As we have already noted, the local districts varied immensely in population (and in the school census). The court reiterated its previous view (Sims, supra) that local political subdivisions and boards are created as convenient agencies to assist in carrying out such of the state functions as may be entrusted to them, and that the extent of their respective powers is a matter resting in the absolute discretion of the state. It further held: that this method of choosing the members of the county board, which it specifically described as of “non-legislative character,” was not offensive to constitutional requirements, and that much in government consists of the “science of experiment” and the exercise of a sound discretion; also, that the county board performed “essentially administrative functions,” which were not legislative “in the classical sense.” While the court certainly considered the method by which the board was selected, the opinion seems, in our view, to be largely founded upon its ruling that the functions of the board were “essentially administrative” and not legislative. We shall refer again to this feature later, as applied to the present case.
The above cases are the only ones of the Supreme Court which really seem at all applicable here. Plaintiffs cite and discuss federal and state cases which apply the requirement of equal protection on
A school district, unlike a municipal corporation (city or county) is an instrumentality of the state created for one single purpose and with one single function—education. State ex rel. Carrollton School Dist. v. Gordon, 231 Mo. 547, 133 S.W. 44; Community Fire Protec. Dist., etc. v. Board of Education, Mo.App., 315 S.W.2d 873. It is truly a special purpose unit of government. In an article by Prof. Jack B. Weinstein in 65 Columbia Law Review 21 (1965) there appears a thorough discussion of the reapportionment decisions as they affect counties and other forms of municipal government. The article was cited in a note to the dissenting opinion of Mr. Justice Harlan in Avery v. Midland County, 88 S.Ct. 1114, 20 L.Ed. 2d at loc. cit. 58. The author‘s conclusion is that it is doubtful if the one man, one vote principle should be applied to special purpose units of local government which have limited purposes and functions, and that the legislatures should have much freedom in creating such units, whether elective or appointive.
The defendant district may only levy taxes to the extent specifically prescribed by statute, except by a vote of the people; it may not incur indebtedness and issue bonds except by a vote of the people. It provides buildings, hires teachers and em-
In this situation we are not bound by any precedent. We hold that the defendant district is essentially an administrative body created by the legislature for the sole and special purpose of conducting a 2-year college institution, and that it is not a “unit of local government having general governmental powers over the entire geographic area served by the body.” Avery, supra. We further hold that the district has no substantial legislative functions or powers, a matter which has definitely been considered as meaningful in Sailors, supra, and in Avery at 88 S.Ct. 1114, 20 L.Ed. 2d loc. cit. 53, 54. In Sailors the court said, 387 U.S. loc. cit. 110, 87 S.Ct. loc. cit., 1553: “We do not have that question here, as the County Board of Education performs essentially administrative functions; and while they are important, they are not legislative in the classical sense.” It appears to us that the non-legislative character of the board in Sailors was the determining factor. In the present case the legislature and the people have retained all essential legislative powers. It would certainly seem that the true nature and character of a board‘s powers would furnish a more substantive test than would the procedure used in its selection, even where some form of election is involved.
We thus hold that the one man, one vote principle does not properly apply to such a body as the defendant district; we further hold that
If, as indicated in Sailors, the states should be allowed to “experiment” in their political and governmental processes (387 U.S. loc. cit. 109, 87 S.Ct. 1549), and if much is to be left to the discretion of the states (Sailors, again), we fail to see how the method provided here by the Missouri legislature may be deemed invalid. The judgment dismissing the first amended petition and the cause with prejudice is affirmed.
All concur except SEILER, J., who dissents in separate dissenting opinion filed.
Dissenting Opinion
SEILER, Judge.
I respectfully dissent and adopt as my dissent the opinion prepared by Judge Houser, Commissioner in Division One. His opinion (without setting it out in
The junior college district is a body corporate and a subdivision of the state, organized under and possessing the powers, functions and duties as prescribed in
| Component School District | 1963-64 | 1964-65 | 1965-66 | 1966-67 |
|---|---|---|---|---|
| #33 Kansas City | 112,815 | 121,292 | 123,388 | 123,754 |
| #58 Center | 6,215 | 6,666 | 6,903 | 7,431 |
| R-VII Lee‘s Summit | 5,475 | 6,148 | 6,482 | 6,875 |
| C-1 Hickman Mills | 10,553 | 13,838 | 15,175 | 15,634 |
| C-2 Raytown | 16,466 | 19,992 | 21,599 | 21,202 |
| C-4 Grandview | 5,117 | 5,788 | 6,151 | 6,496 |
| #74 N. Kansas City (Clay) | 18,662 | 21,103 | 22,633 | 23,865 |
| #124 Belton (Cass) | 2,205 | 2,443 | 2,628 | 2,749 |
| 177,508 | 197,270 | 204,959 | 208,006 | |
| #33 Kansas City | 63.55% | 61.48% | 60.20% | 59.49% |
| Other | 36.45% | 38.52% | 39.80% | 40.51% |
The enumeration figures for all of the junior college districts in the state, showing representation of boards of all junior college districts follow:
| Total District | Largest Component School District | ||||
|---|---|---|---|---|---|
| District | Enumeration | Enumeration | Directors | Percentage of Directors | Percentage of Enumeration |
| St. Louis-St. Louis Co. | 336,277 | 153,656 | 2 | 33.3% | 45.7% |
| Jasper Co. | 20,954 | 10,224 | 2 | 33.3% | 48.8% |
| Three Rivers | 18,005 | 6,688 | 2 | 33.3% | 37.0% |
| Sedalia | 8,141 | 5,248 | 3 | 50.0% | 64.4% |
| Mo. Western | 28,231 | 22,619 | 4 | 66.7% | 80.0% |
| K. C. Mo. | 177,508 | 112,815 | 3 | 50.0% | 63.6% |
| Newton-McDonald | (At large) | ||||
| Jefferson Co. | (At large) | ||||
| Mineral Area | (At large) | ||||
At the present time three of the trustees on the board of defendant junior college district were elected from Kansas City School District No. 33. The other three
In Armentrout v. Schooler, Mo.Sup., 409 S.W.2d 138, we extended to seats on a city council the principle that seats in the legislative branch of the state government must be apportioned substantially on the basis of population. In applying the principles of Reynolds v. Sims, 377 U.S. 533, 84 S.Ct. 1362, 12 L.Ed.2d 506; Gray v. Sanders, 372 U.S. 368, 83 S.Ct. 801, 9 L.Ed. 2d 821, and Wesberry v. Sanders, 376 U.S. 1, 84 S.Ct. 526, 11 L.Ed.2d 481 et al., to that local organ of government we considered that the
Now we are called upon to determine whether as a matter of constitutional right this same principle must be further extended and applied to seats on the board of trustees of a junior college district, which is not primarily a legislative body exercising general governmental functions.1
As pointed out in Armentrout, the Equal Protection of the Laws Clause of the
School districts, including junior college districts, “* * * are public corporations,
This logical conclusion has the support of substantial and respected authority. The difference between this case and Reynolds v. Sims, supra, is one of degree and not of principle. In addition to the cases and legal scholars upon which we relied in Armentrout, supra, 409 S.W.2d, l.c. 142, 143, several jurisdictions have reached the same result in cases involving the election of school officials.
In Meyer v. Campbell, Iowa Sup. (1967), 152 N.W.2d 617, it was held that county boards of education, selected by popular vote, are direct representatives of the people and that the state and federal constitutions require their election on an equal representation basis. After analyzing Baker v. Carr, 369 U.S. 186, 82 S.Ct. 691, 7 L.Ed.2d 663, Gray v. Sanders, Wesberry v. Sanders, and Reynolds v. Sims, supra, the Iowa Supreme Court considered that “* * * there is nothing in these cases that indicates that the fundamental principle that all men are created equal, and thus accorded an equal vote, should not apply similarly to other inferior bodies that possess legislative power, when the method of their selection is by the elective process. Hanlon v. Towey, 274 Minn. 187, 142 N.W.2d 741 (1966), and citations; State ex rel. Sonneborn v. Sylvester, 26 Wis.2d 43, 132 N.W.2d 249. Since it is a basic principle of representative government that the weight of a person‘s vote does not depend on geographical boundaries, it follows logically that any inferior elective body, that is representative of the people, be representative of all the people equally. Seaman v. Fedourich, 16 N.Y.2d 94, 262 N.Y.S.2d 444, 209 N.E.2d 778; Armentrout v. Schooler (Mo.), 409 S.W.2d 138 (1966); Bianchi v. Griffing [D.C., 238 F.Supp. 997]. * * * Since our own legislature chose to make members of the board elective rather than appointive, it intended that these members represent the people and not geographical land areas. Each voter similarly situated is entitled to equal representation.” 152 N.W.2d, l.c. 621. After determining that the primary functions of county boards of education were administrative the court concluded that substantial legislative functions were delegated to them “sufficient to require member selection under the one man-one vote principle announced in Reynolds v. Sims, * * * when the legislature also provided that the mem-
In Strickland v. Burns, M.D.Tenn. (1966), 256 F.Supp. 824, it was held that a Tennessee statute providing that the School Commission be composed of 11 members, one commissioner to be elected from each of 11 school zones (which were unequally populated), violated the
“We hold, therefore, that the discrimination existing is invidious. Since we can find no basis for applying the ‘one man, one vote’ rule to the congeries of powers possessed by the Legislature itself and at the same time denying its application to a subordinate body simply because it possesses a fractional part of those powers, so long at least as the fractional part cannot be said to be insignificant or unimportant, we must also hold that the apportionment provisions of the Act complained of are void as violative of rights secured by the Equal Protection Clause of the Fourteenth Amendment.” 256 F.Supp., l.c. 827.
In Delozier v. Tyrone Area School Board, W.D.Pa. (1965), 247 F.Supp. 30, it was held that the directors of the board of a consolidated school district, elected by popular vote, are subject to the principle of equal representation laid down in Reynolds v. Sims, supra; that a local school district, being the arm or agency of the state to administer its educational system, is not immune from the constitutional requirement. Noting that the principle had been applied to various elective bodies, local, municipal, county and school districts, “where that body is elective and exercises legislative power,” and citing State ex rel. Sonneborn v. Sylvester, 26 Wis.2d 43, 132 N.W.2d 249; Ellis v. Mayor and City Council of Baltimore, D.C.Md. (1964), 234 F.Supp. 945; Brouwer v. Bronkema, Circ. Ct. Kent Co. Mich. (1964); Bianchi v. Griffing, E.D.N.Y. (1963-1965), 217 F.Supp. 166; 238 F.Supp. 997; and Damon v. Lauderdale County Election Commissioners, (Civil Action 1197-E) U.S.D.C., S.D. Miss. (1964), in support of its ruling, the court struck down the plan before the court as violative of the Equal Protection of the Laws Clause of the
Pitts v. Kunsman, E.D.Pa. (1966), 251 F.Supp. 962, a case involving an administrative unit in a school system, recognized the principle that when representatives are elected from individual districts each district under the
Respondents deny the applicability or pertinence of these decisions, claiming that they either do not make or do not give proper consideration to the distinction between local government units exercising broad, general governmental functions through bodies whose functions are primarily legislative in nature, and local government units essentially administrative in character, organized for a special limited purpose, and they point out that we carefully made that distinction in Armentrout. The argument is that these special purpose bodies “exercise far fewer powers than do general purpose units of government and, therefore, their governing officials, even though they may be elected, are more concerned with administering the special purpose for which such governmental units
The same argument was made as to a county board of supervisors and answered as follows in State ex rel. Sonneborn v. Sylvester, supra, 132 N.W.2d, l.c. 256: “The fact the county also performs administrative functions and is somewhat responsive or subject to the legislature does not justify the denial of the application of the equal-representation principle to county boards. Solely administrative duties would not call forth the application of the principle, nor do these administrative duties or the limited legislative powers destroy the fact that realistically the county today is a unit of government with vital powers over the lives of its residents. Those powers, which it may now exercise or may be given as a legislative body, require in our form of government the principle of equal representation be applied.” In Meyer v. Campbell, supra, the Supreme Court of Iowa, adverting to Gray v. Sanders and Reynolds v. Sims, said 152 N.W.2d, l.c. 624: “It now seems to us the principles which gave rise to those decisions must be applied to our present method of selection of members of the county board of education. Where the election of those members is required, and where as here the legislature provides for the election of these representatives of the people whether their function be considered legislative, quasi-legislative, or primarily administrative, their election must be made on a population basis, not upon area.”
The fact that the governmental unit involved is on the local level and is smaller in size and scope than a governmental body operating on the state level does not make the trustees any less representative of the views of the citizens. As said by Judge Johnson in his dissenting opinion in a case involving county boards of revenue, “To the contrary, rather than limit the principles of Reynolds, as the majority opinion does, it would seem that these principles might well have their most meaningful application at the local level.” Moody v. Flowers, M.D.Ala. (1966), 256 F.Supp. 195, 201.
Respondents further urge that if the principle of representation were to be applied to all local administrative units throughout the United States, such as fire, sewer, water, drainage, and metropolitan districts, and port authorities, “an extremely chaotic situation would be created thereby.” By this decision we are not determining that every unit of local government must be organized on this principle. We are holding that the principle of representation applies to the members of the board of trustees of a junior college dis-
After the argument of this case in division but before its submission en banc the United States Supreme Court handed down Avery v. Midland County, Texas, 390 U.S. 474, 88 S.Ct. 1114, 20 L.Ed.2d 45 extending the principle of representation to the selection of the Midland County, Texas Commissioners Court, which, although the general governing body of the county, has only limited powers. It was stated as beyond question that a state‘s political subdivisions must comply with the
Respondents’ reliance upon Sailors v. Board of Education, W.D.Mich. (1966), 254 F.Supp. 17, aff. 387 U.S. 105, 87 S.Ct. 1549, 18 L.Ed.2d 650, is misplaced. The issue was not framed in that case. In Michigan the five-member county board of education is chosen not by the electors of the county but by delegates from the local school boards. The qualified school electors elect the local boards. A majority of the three-judge federal district court panel held that the rule of equal representation was inapplicable and dismissed the complaint. The United States Supreme Court affirmed, but gave no definitive answer to the question now before us. Justice Douglas pointed out that the Michigan system for selecting members of the county school board is basically appointive rather than elective, stating, “If we assume arguendo that where a State provides for an election of a local official or agency—whether administrative, legislative, or judicial—the requirements of Gray v. Sanders and Reynolds v. Sims must be met, no question of that character is presented. * * * Since the choice of members of the county school board did not involve an election and since none was required for these nonlegislative offices, the principle of ‘one man-one vote’ has no relevancy.”
The district contends, however, that the statutory formula for the allocation of trustees is based upon school enumeration, not population, and “therefore, the ‘one man-one vote’ principle which relates to population is not applicable.” The argument is that school enumeration refers to persons who are minors of school age and has nothing whatever to do with population or voters; that there is no reasonable connection or mathematical relationship between the number of students of school age and the number of people or voters resident within a school district, and that the General Assembly had the right in its discretion to use school enumeration as the basis for allocating trustees among the component school districts.
This contention cannot be sustained. The principle of equal representation is fully applicable in the instant situation notwithstanding the statutory formula is based upon school enumeration rather than population. In either event the elected trustees must be apportioned on the basis of population—total population—and not on the basis of any artifical classification that necessarily abridges the principle of equal representation of the people, such as representation according to the number of trees or acres,2 or the number of persons in the district between the ages of six and twenty years. “Population is, of necessity, the starting point for consideration and the controlling criterion for judgment in legislative apportionment controversies.” Reynolds v. Sims, supra, 377 U.S., l.c. 567, 84 S.Ct., l.c., 1384, 12 L.Ed.2d l.c. 530.
The allegation of a population disparity of the proportion alleged by plaintiffs states a claim of invidious discrimination against the voters resident in the larger district, entitling them, on proof or admission of such a population differential, to a judgment invalidating the statute authorizing election of representatives from such unequally populated districts, whether the statutory formula is based upon population, school enumeration or any other factor. This is for the reason that every elector in the junior college district is entitled to protection against the dilution of the weight of his individual vote in comparison with the weight accorded the votes of others by reason of a general population differential between his school district and other more favored districts, and indeed is entitled to be protected against the diminishing of the weight of his vote by reason of a population differential as to persons between the ages of six and twenty in different districts.
The circuit court therefore erred in sustaining and should have overruled the motions to dismiss the petition.