52 So. 629 | Miss. | 1910
delivered the opinion of the court.
Section 4530 of the Code of 1906 authorizes a separate school district to be created out of “any unincorporated district of not less than sixteen square miles, by the county school board, on a petition of the majority of the qualified electors therein.”
As illustrative of the correctness of this view, by section 4510 each county is given a school board, and by section 4530 the county school board is the authority vested with the power to create the district.' Section 4534 requires the board of supervisors of unincorporated separate districts to levy a tax to pay for fuel, other necessaries, etc. The whole scheme of the statute shows that, whenever unincorporated territory is sought to be made a special school district, counties must act singly. Endless confusion and disagreement would be the result of a different view of this statute, as the law now stands. The statute is the entire source of power, and the statute neither expressly nor impliedly gives the power here sought to be exercised.
Reversed, and petition dismissed.