184 Iowa 401 | Iowa | 1917
The action is leveled against the board of directors of the Consolidated Independent School District, who, as is alleged, “are acting in a capacity of a board of directors, and transacting business as a board .of directors of the Consolidated School District of Wright, Iowa; that the aforesaid Consolidated Independent School District of Wright, Iowa, has not been organized and established in a manner provided by law, and there is, in law and fact, no such school district as the Consolidated Independent School District of Wright, Iowa.”
Manifestly, certiorari is not an appropriate remedy in such a case. It is not pretended that what they did, of which complaint is made, was in the exercise of . judicial or quasi judicial functions. The sole contention is that they are assuming to exercise the franchises of a corporation which, because of alleged defects in the proceedings, was never organized, and therefore does not exist. Manifestly, certiorari is not available as a remedy in such a case. Lees v. Drainage Commissioners, 125 Ill. 47 (16 N. E. 915); Nelson v. Consolidated Ind. School Dist. of Troy Mills, 181 Iowa 424.
Section 2794-a, Code Supplement, 1913, provides, among other things, that:
“When it is proposed to include in such district a city, or town or village, the voters residing upon the territory outside the incorporated limits of such city, town or village shall vote separately upon the proposition for the creating of such new district. The judges of said election shall provide separate ballot boxes in which shall be deposited the votes cast by the voters from their respective territory, and if a majority of the votes cast by the electors residing either within or without the limits of such city, town or village,, is against the proposition to form a consolidated independent corporation, then the proposed corporation shall not be formed. If a majority of the votes so cast in each territory shall be in favor of such independent organization, the organization of the proposed consolidated independent school corporation shall be completed by the election of a board of directors for said school Corporation.”
This necessarily is mandatory; for a negative majority in village or outside territory defeats the proposition.
All accomplished by Section 638 of the Code is to restrict the term “village” to platted ground; but how this ground shall be platted has not .been prescribed. The lots need not be a uniform size or shape, nor is it essential that the name of the village be of record on the plat. A village ordinarily may be assumed to be a name by which to identify the locality; for the statute specifies with particularity the procedure to effect a change thereof. Section 460 et seq., Code.
It appears that what is claimed to constitute a village known as Wright is located at the intersection of the Chicago & Northwestern Railroad Company’s railway and that of the Minneapolis & S,t. Louis Railway Company, on each of which roads is. a station. In the place are two stores, an elevator, a hotel, a restaurant, a lumber yard, a cement factory, two stock yards, two churches,'and 33 residences, —all situated on platted ground, — and there is a population of 138. We entertain no doubt that this constituted a village, such as contemplated by Section 2794-a, Code Supplement, 1913; and there is no escape from the conclusion that the electors thereof should have been provided with a separate 'ballot box, and that the electors residing in the territory proposed outside of the village should have been
If, then, the procedure is to be disregarded, and the issues determined as though the proceedings were by quo