179 Iowa 410 | Iowa | 1917
“(1) Shall a specific tax in the sum of $3,000 be levied for the purpose of erecting a new bride sehoolhouse in Subdistrict No. 2? (2) Shall a site be purchased, located a quarter of a mile west of the present site, on which to build a new building?”
The notice was posted and the election held, resulting in the carrying of the first proposition by a vote of 16 to 1. The last was lost by a vote of 10 to 4. A resolution was adopted by the board of directors January 29, 1916, “that a frame sehoolhouse be built- in Subdistrict No. 2,” a building committee was designated and instructed “to draw up plans and specifications for the sehoolhouse.” Later on, these were submitted to the board, and the contract let for construction at a cost of $1,967. The restraining order is sought on the ground that the building is to be frame instead of brick. It is stipulated “that no fraud or bad faith is charged against plaintiff or defendants.” The course of the board of directors is explained by the fact that a petition for the organization of a consolidated district, including the incorporated town of Morrison, and Washington Township, bordering Black Hawk Township on the Avest, was pending, and considerable opposition manifested in Reinbeck and Black HaAvk ToAvnship, for that it was thought that some lands were about to be included Avhich ought to be taken into a consolidated district to include Reinbeck and B'lack Hawk ToAvnship, if consolidation of these were to be effected, and also by reason of talk of organizing such consolidated school district, and the
That the petition suggested that the schoolhouse be constructed of brick merely indicated the preference of its signers, but was in no Avav binding on the board, of directors. The designation of the neAv building as being “brick” was mere surplusage, unless it Avas calculated to mislead the voters and might reasonably be found to have induced them to vote for the tax. when otherwise they probably would not have done so. The board properly might not submit to
The case in its facts is the converse of this. Here good faith on the part of the directors is conceded. The insertion of the kind of material was not in pursuance of the resolution of the hoard. For all that appears, the voters were not influenced thereby either way in voting. .No deceit was practiced, and the hoard of directors was acting within its. authority in constructing the frame building. Though the statute impliedly limits the board to the expenditure of the tax voted, whether that much shall be expended is discretionary with the board. — Affirmed.