9 S.D. 291 | S.D. | 1896
This is an appeal from an order denying an application for a writ of certiorari, directed to the board of county commissioners, superintendent of schools, and county auditor of Lincoln county, in relation to the formation of a new
Appellant’s first contention is that the commissioners and superintendent had no power to create a new district. District No. 74 was organized in 1882. Previous thereto Lincoln county yvas divided into school districts which continued to exist when
It is further contended that the board and superintendent were without authority to act because the petition was not signed by 10 legal voters residing in each of the old districts. This istnot tenable. The meaning of the language .employed cannot be thus restricted. If there is only one district to be affected, there must be a petition signed by 10 legal voters residing therein; if more than one district will be affected by the change, then by 10 legal voters residing therein, not by 10 legal voters residing in each of the districts affected. We think the board and superintendent did not exceed the authority conferred upon them by the statute, and that the order appealed from should be affirmed. It is so ordered.