178 Iowa 1180 | Iowa | 1916
An election was held in the schoolhouse of Prairie View Independent School District in Harrison County on August 15, 1914, to determine whether the Consolidated Independent School District of Beebeetown should be organized, composed of the districts and parts of districts described in a petition duly approved by the county superintendents. A majority of those voting favored the proposition, and directors were chosen January' 26'th following. On August 14, 1915, the board of directors fixed the amount required for the general fund as $6,000, and that necessary to meet the interest on bonds to be issued at $650, and certificates were made out accordingly, and filed with the respective auditors Of Harrison and Pottawattamie Counties. The levy of 31 mills necessary to raise this was regularly' made in Harrison -County, but the levy in Pottawattamie' County,- within which were four sections of land included in the 'new district, ap'pears on record under the column headed “Teachers’ Fund.” The levy was higher than previously made for school purposes in -any of the districts consolidated, and it appears that .about- $2,000 had been- turned over by the several districts
2 schools and tracts-consolÍevye:di¿sSae-cts: scnption. II. Nor is the circumstance that the record of the board of supervisors of Pottawattamie County indicated that the levy of 31 mills was for the “Teachers’ Fund” of any consequenee. It appeared that the levy was for purposes of a consolidated independent school district; and, as this could only be for ‘ ‘ general fund, ’ ’ the error manifestly was merely clerical, — a mere irregularity, — in no manner affecting the validity of the levy. See S. C. & St. P. R. Co. v. County of Osceola, 45 Iowa 168; Robbins v. Magoun, 101 Iowa 580.
“The Constitution has given to the word ‘elector’ a precise, technical meaning, and it is ordinarily used in our legislation with that meaning only. An ‘elector’ is a person possessing the qualifications fixed by the Constitution, and duly admitted to the privileges secured, and in the manner prescribed by that instrument.”
The same view is expressed in In re Application of Car
Whenever the legislature employs -the--word ‘‘elector,’’ without qualification or explanation, the word may be -assumed to have reference to persons authorized by the Constitution to exercise the elective franchise. That instrument (Section 1 of Article 2) defines -who are electors: •
• •• “Every male citizen of the United States, of the age of 21 years, who shall have been-a resident .of this state 6 months next- preceding' the election, and of the county in which he claims his vote, 60 days, shall be' entitled- to vote at all elections which are now or hereafter may be-authorized by -law.”
Section 1131, Code, -1897, does not purport to enlarge
these qualifications, nor to declare women electors. It merely specifies certain subjects upon which discrimination will not be tolerated, by' providing that:
.“The right of any citizen to vote at any city, town or school election, on the • question of issuing any bonds for municipal or school purposes, and for the purpose of borrowing money, or on the question'of increasing, the tax levy, shall not -be denied or abridged’on account of sex.”
-See Section-2747, Code, 1897.
• This is not inconsistent with the section of the Constitution quoted, for that relates to qualifications to vote for public officers (Coggeshall v. City of Des Moines, supra) ; and, as said, though according woman'the right to-express her preference on the questions enumerated, does not create her an elector. For these reasons, the board of directors - rightly decided that women were not to be counted in ascertaining whether the petition was “signed” by one-third of the electors “residing” in-the proposed district.
After responding to the first 6 paragraphs of the petition, the defendants, in the answer, “admit that, on or about the 14th day of August, 1915, there was certified by the secretary of the Beebeetown Independent District a tax levy of $6,000, and also the amount necessary for teachers ’ fund was duly certified to the boards of supervisors of Harrison and Pottawattamie County. Admits Paragraph 8.” The answer then “denies each and every allegation contained, except those therein' before admitted,” and pleads a former adjudication.
Evidently, after detailing the facts concerning the levy, defendants intended to admit the paragraph of the petition relating thereto, erroneously marked in the petition “Para