130 Iowa 100 | Iowa | 1906
Prior to the attempt at consolidation there were three school districts in Prairie township. What was known as District No. 3, which was two miles square, was in the northwest corner of the township; and District No. 4, also two miles square, laid just south of District No. 3. These two districts were united some years ago into Districts 3 and 4, sometimes known as the “ District of Nassau.” District No. 2, also two miles square, laid just east of District No. 3. In February of the year 1905 a petition signed by 10 electors of District No. 2 was presented to the board of that district, asking that the question -of consolidation with Districts 3 and 4 be submitted to the electors; and on March 1st of that year the board" met and ordered- the question submitted at the annual meeting. Notice was given March 2d, and on the 13th the annual meeting of the district was held, at which every voter was present and voted
As the case involves primarily a consideration of the statutes with reference to the consolidation of school districts, we shall set forth the substance thereof before going to the facts relied upon as a ground for the issuance of the writ. By Code, section 2749, it is provided that the electors of a school district may, at the annual meeting, vote upon any proposition submitted by the board, upon request of any five voters of a rural independent district, or of ten voters of a school township-, which proposition shall be voted upon in a prescribed form of ballot submitting the proposition. In section 2751 it is provided that the meeting of the electors of each subdistrict shall be held on the first Monday in March; notice in-writing of the time and place of meeting being given as therein provided. By section 2799 it is provided that independent districts .located on contiguous territory may unite and form one and the same independent district in the following manner:
*103 At the written request of any ten legal voters residing in each of said independent districts, their respective boards of directors shall require their secretaries to give it at least ten days’ notice of the time and place for a: meeting of the electors residing in each of said districts by posting written notices in at least five public places in each of said districts, at which meeting the electors shall vote by ballot for or against a consolidation of said independent districts; and if a majority of the votes cast at the election in each district shall be in favor of uniting said districts, the secretaries shall give a similar notice of a meeting of the electors as provided by law for the organization of independent districts.
The exact facts in this case are as follows: Ten or more electors of District No. 2' presented a petition to their board of directors, asking that the board submit at the annual election the matter of the consolidation of their district “ with other districts,” not naming them. Pursuant to this request notice was given to the electors of District No. 2 of the time and place of the annual meeting, and that the board had ordered the submission of this proposition: ' “ Shall Independent District No. 2, Prairie township, Keokuk county, consolidate with other districts ? ” At the annual meeting the following form of proposition was submitted and voted upon by the electors: “ Shall the rural Independent District of Pound Grove No. 2, township of Prairie, in the county of Keokuk, State of Iowa, consolidate with the Independent District of Gibson, Nos. 3 and 4, township of Prairie, in the county of Keokuk, and State of Iowa, forming a consolidation of said independent district ? Write ‘ Yes ’ or ‘ No ’ in the square to the right.” Each and all of the electors, including these plaintiffs, were present at this annual meeting, and voted “Yea” or “Nay” upon the proposition submitted, resulting in a majority vote for consolidation. On March 20, 1905, there was presented to the board of directors of Districts 3 and 4 a petition signed by twenty-five electors, asking for a special election to vote upon a proposition for the consolidation of their district with
The exact complaints now made by plaintiff are:’ (1) That the petition presented to the board of District No. 2 was insufficient, in that it did not name the territory to be consolidated; (2) that the notice of election .in that district was also defective for the same reason; (3) that the elections were and are void, because not held on the same day and at the same time; and (4) that certain pupils by the consolidation are deprived of school privileges.