153 Iowa 598 | Iowa | 1912
Although the appeal here presented is from the refusal of a preliminary injunction, it is submitted on both sides with the understanding that the merits of the case may be finally disposed of by determining the correctness of the findings in law and fact, made of record by the trial judge in his ruling, by which he refused to
In May, 1911, there existed in Marshall county, a school corporation, known as the Independent School District of Clemons, comprising the territory included within the corporate limits of that town and certain adjacent territory, all within Minerva township. During that month, proceedings were instituted, the general object of which was to create a new independent district, to include the independent school corporation of Clemons and certain described contiguous territory, which contiguous territory constituted subdistricts, numbered 1 and 2, of the school township of Minerva, and independent districts, numbered 7 and 8, of Liberty township, which adjoins Minerva township on the north. These proceedings were commenced in attempted compliance with the provisions of Code Supp. 1907, section 2794, which, so far as material for present purposes, provides that, upon the written petition of any ten voters of a city or town to the board of the school corporation in which the city or town is situated, such board shall establish the boundaries of a proposed independent district, including therein all of the territory of the . city or town and such contiguous territory as is authorized by written petition of a majority of the resident electors of the contiguous territory proposed to bo included, which contiguous territory may he in adjoining school corporations, and give notices of a meeting, at which all voters upon the territory included within the contemplated district shall be allowed to vote by ballot for or against such proposed organization. It is further provided, that the voters residing in the territory outside the city or town shall be entitled to vote separately upon the proposition for the formation of such new district, if a petition requesting such separate vote is presented, and that, if a
The general contention for the plaintiffs is that the proceedings for the establishment of the proposed independent district were so irregular and defective that such district was not in fact created, and does not now exist as a school corporation, and that therefore the plaintiff corporation has not been merged into it, and still has a legal existence, and that any attempt on-the part of the proposed corporation or its officers to exercise authority will be void, and should be restrained.
It may be conceded at the outset that in the various steps talien in the attempted formation of the proposed corporation there are many irregularities, and it would- serve no purpose to reproduce from the record in full the various petitions, notices, and orders in which such irregularities appear. -We shall content ourselves with discussing briefly the merits of the complaints made as to errors and irregularities which, it is contended, were of such character as to render the attempted formation of the proposed district nugatory.
I. It is to be borne in mind that the attempt was to include in the proposed district the territory of the existing independent school district of Clemons, which district included within its limits, not only the incorporated town of Clemons, but also territory adjacent thereto, and to add to such existing district, in the formation of the proposed district, territory contiguous to that independent district, then included within the limits of other school corporations. It is not claimed that the proposed district might not have been properly created under the statutory provisions above referred to had the proper steps been taken. The principal contention for appellants is that in the petitions, notices, and orders the existing independent school district of Clemons was not sufficiently specified, described,
In certain proceedings of the board, relating to the giving of notice and the holding of elections, there were possible ambiguities similar to those already referred to as existing in one of the petitions and in the notices and in the ballot, but for reasons already indicated we must hold
It is argued that 'the statute contemplates a meeting place and a meeting thereat of the electors, at which a discussion may be had as to the merits of the proposition, in which all may participate. No doubt it is true that in our school law, as originally framed, such a meeting was contemplated, but in the statutory provisions for meetings or elections to be held, at which the electors are to express their choice by ballot, this theory is evidently abandoned. As the qualified voters within the five territorial divisions which were to be incorporated into the proposed district had a reasonable opportunity, in pursuance of proper notice, to cast their ballots for or against the proposed ■ consolidation, and it affirmatively appears that a majority of those entitled to vote did cast their ballots in favor of such consolidation, we would not be justified in announcing a conclusion which should nullify their expressed preference. As somewhat in point, see Kinney v. Howard, 133 Iowa, 94; Calahan v. Handsaker, 133 Iowa, 622.
Other irregularities are pointed out in argument, but none of them, in our judgment, is sufficient in itself, nor are they sufficient collectively, to warrant the setting aside of the plain expression of the will of'the electors with reference to a proposition which the statute directs shall be submitted to their decision. — Affirmed.