237 N.W. 412 | Minn. | 1931
The school district by a majority vote passed a so-called resolution of expediency for which provision is made by G. S. 1923 (1 Mason, 1927) § 1962, stating that in its opinion it was expedient to issue to the state $120,000 in bonds, bearing interest at the rate of four and one-fourth per cent, for the building and equipment of a schoolhouse. This section requires a notice of special election upon the proposition of issuing the bonds, stating among other things the interest rate, the notice to be posted in three public places and published twice. The first published notice stated that the rate was four and one-half per cent. The second published notice and the three posted notices stated the rate to be four and one-fourth per cent. So did the bond ballot. The defect stated is the only one. There was no fraud. There was an irregularity. The things other than the correct rate of interest in the first publication and all things required, including the correct rate, were in the second publication and the three posted notices.
The requirements of the statute are mandatory. There must be a substantial compliance. Not every irregularity or fault avoids *544
an election. We do not minimize the importance of insisting that an election law be observed in its essentials. We do not over-emphasize the claim of the school district that the mistaken naming, in one published notice, of the rate as four and one-half instead of four and one-fourth, if observed by the voters, would have a tendency to defeat rather than carry the proposition submitted; and that since it was carried the appellants do not show prejudice. It was no more in any event than an irregularity. The result seems a fair expression of the will of the voters and should not be disturbed lightly. Lodgord v. East Grand Forks,
The contestants cite Hamilton v. Village of Detroit,
Judgment affirmed. *545