141 Iowa 43 | Iowa | 1908
The petition in this case was filed on the 25th day of January, 1907. It is alleged, in substance: That the plaintiffs were qualified electors of the school township of Wapsinonoe, in Muscatine County, Iowa, and taxpayers therein. That on February 26, 1906, at a called meeting of the board of directors of said school township, a petition was “accepted” by said board signed by eighty-three names, asking that there be submitted to the voters of said school township at their next annual meeting the proposition: “Shall a schoolhouse tax to the amount of $8,000 be levied on the taxable property of the school corporation of Wapsinonoe for the purpose of erecting a school building as near the geographical center of the school township as practical?” That action was taken by the board providing for posting notices and procuring fo be printed the necessary ballots, that on or about March 12, 1906, pursuant to notice, a vote was had in said school township upon the proposition above referred to, as appears by the record of said board, and said proposition was carried by ninety-four affirmative votes as against seventy-eight negative ones. It was further alleged that at the regular meeting of the board of directors of said school township held on' March 19, 1906,. a motion that said $8,000 tax be levied, $1,600 payable in 1907, and as much annually until paid, was voted down, and a motion to issue bonds for said $8,000 at 4A/2 per cent, interest, payable semiannually,
It is further alleged: That the certificate above referred to was wholly unauthorized by any action of the board of directors of the school township. That pursuant to said certificate, the board of supervisors of Muscatine County levied a special tax of ten mills on the dollar in addition to the ordinary taxes upon the taxable property
Wherefore plaintiffs pray that a writ of mandamus issue herein commanding the defendants, the said board of directors, and -their officers to submit to the voters of said school township the proposition asked by the petition hereinbefore referred to at the regular annual election or special election called for the purpose within a reasonably short time. That meantime the defendant E. C.' Stoker, treasurer of Muscatine County, Iowa, be restrained and enjoined from collecting ten mills of the sixteen and one-half mill tax levied against the property of said school township of Wapsinonoc, or at any rate such part of said tax as is levied against the plaintiffs herein and their property. And plaintiffs ask that a temporary injunction be issued to and against said defendant treasurer herein to said same intent and purpose, and for such other fur*47 ther and different relief as the ease may require and judgment for costs against the defendants A. B. Anderson and B. F. Herr.
The defendants filed a demurrer to the petition, alleging generally that it did not state facts entitling the plaintiffs to the relief demanded, and alleging specifically that the schoolhouse tax in question was regularly voted and regularly certified to the board of supervisors, by the proper officers, and regularly levied by said board and spread upon the tax books, and that the school directors were under no obligations to call a special election to rescind the former action of the electors. That rights have become vested under the former action of 'the electors, and that the same is no longer subject to recall by the electors or by the officers of the school board. The demurrer was sustained generally, and the plaintiffs appeal.
The appellants in their brief and argument state that but two questions are presented for determination; First. “Was the original tax voted valid and enforceable ?” Second: “Did the board of directors have a discretion to refuse to submit at a special election the petition of one hundred and sixty-four electors ?” The appellants devote much of their argument to a discussion ■ of the first question, but, aside from the question as to the certification of the tax by the secretary of the board, it is not applicable to the issues presented by the petition. There is no allegation of any illegality in the proceedings of the board of directors of the school township prior to the vote of the electors on the question in controversy,- so that, so far as this branch of the case is concerned, it will only be necessary to determine whether the secretary of the board properly certified the action of the electors to the board of supervisors of Muscatine County, and whether the action of the electors in voting an amount in excess of the proceeds of a levy of ten mills on the dollar invalidated
The question whether the board of supervisors would have authority to make a ten-mill levy from year to year until the entire amount voted was realized is not properly before us in this case, and should not be determined. We'go no farther than to hold that the action of the electors and of the board of supervisors at the time this suit was brought was fully authorized by the statute. It is a familiar rule that cases must be determined upon the facts existing at the time the case is commenced.
The trial court was clearly right in sustaining the demurrer, and the judgment rendered thereon is affirmed.