Cоmmon School District No. 18 in Minidoka county lapsed under the provisions of chap. 215, Sess. Laws 1921, p. 427, and acts amеndatory thereof, and became thereby and by reason of chap. 101, Sess. Laws 1929, part of the unorganized school district of Minidoka county.
Through the territory formerly in district No. 18 extends several miles of the main line east and west of the Oregon Short Line Railroad Company.
Thereafter, under the provisions of chap. 121, Sess. Laws 1931, p. 208, the territory formerly in district No. 18 was annexed to Independent School District No. 1 at Rupert, Idaho, adjoining and being contiguous thereto.
The Oregon Short Line Railroad Company resisted such annexation, and appeals from the order of the district court affirming the action of the board of county commissioners on three principаl grounds, first, that the petition and evidence did not show that there were less than five qualified electors in such laрsed district.
See. 9, chap. 121, supra, specifies only three conditions precedent, or what might be termed jurisdictional requirements, for annexation: first, that the school district has lapsed. This is not questioned. Second, that there be no outstanding indebtednеss. • This, also is not questioned. Third, that less than five qualified electors reside in the district.
Appellant in its protest alleged that: “All of which territory (within the lapsed district) is dry, unirrigated, barren, unproductive and uninhabited.....” If the territory is uninhabited, and appellant itself so stated, it perforce con *366 tains less than five qualifiеd electors; thus appellant is in no position to urge that the petition and showing in this particular was not sufficiеnt.
Appellant’s main point specified in several assignments is that either the county commissioners did not have the power to make the annexation or abused their discretion in so doing.
Since the statute itself gives the county commissioners power, where the three conditions above noted obtain, to make the annexation, where they exist as they did herein, there can be no abuse of discretion.
“ ‘In a nut-shell, this whole controversy arisеs over a question of judgment. The petitioners before the board, the appellants here, are not in аgreement with the members of the board. That disagreement of itself is not for the courts. The law has plainly vested thе board of directors of school districts such as this with discretionary powers in such matters, and the directors having examined into and passed upon the matter in the exercise of their discretion, the courts .have no right or power to review the conclusions reached by them as a board in the absence of a showing of abuse, of discretion on their part, which is not the case here.’ ”
(In re Chelan Electric Co.,
While in his memorandum decision the trial court construing
School Dist. No. 12 v. School Dist. No. 33,
The legislature has plenary power over the formation, operation, etc., of school districts, and may delegate this power.
(Fenton v. Board of County Commrs.,
20 Ida.
*367
392,
“The establishment of a system of public instruction throughout the state is a governmental function, as to which the state reserves to itself the means оf giving it complete effect and full efficiency without regard to the wishes of the people ‘deficient in рroper appreciation of its advantages.’ Cooley on Taxation (3d Ed.) vol. 2, p. 1299. Possessing such powеr to create, alter, or abolish districts, the function, governmental in its nature, may be exercised immediately by thе Legislature or by subordinate bodies to whom the matter is delegated, subject to such conditions, and without notice, as it may impose. In the absence of constitutional restrictions, and there are none affecting this case, the question as to whether boards of supervisors may exercise such delegated power without notice is a question solely for the determination of the Legislature, and in its wisdom it has not required the giving of notice.”
Herein, however, notice was given, and a hearing had with opportunity for appellant to protest.
The merе fact that the railroad right of way may not itself be used for school purposes is not a valid objection tо the annexation.
(St. Joseph & G. I. Ry. Co. v. School Dist.,
*368
The taxes levied in. a school district are not special assessment taxes, and the bеnefits are not the same as though connected with a city, town or village.
(Fenton v. Board of County Commrs., supra; Sсhool Dist. No. 8 v. Twin Falls Co. Mutual Fire Ins. Co.,
Appellant relies on
Oakland School Dist. v. Board of Education,
Whether the question be one of power or discretion, the previous rulings of this court sustain thе judgment of the lower court.
(Bobbitt v. Blake,
Other authorities cited by appellant have to do with cases where the territоry to be annexed by one school district was already a part of another district.
(Heaton v. Jackson,
Where the county commissioners are given express power and authority to do certain things under certain conditions, it cannot be said that following the law constitutes an abuse of discretion.
(Bobbitt v. Blake, supra.)
There was no gerrymandering or distortion of lines to avoid voters, and the mere fact that additional taxable territory was taken into the district rather than leaving it in аn unorganized school district which takes in the entire county outside of organized school districts does not militate against the above conclusion.
(Thie v. Consolidated Ind. School Dist.,
Judgment affirmed; costs to respondent.
Petition for rehearing denied.