122 Minn. 383 | Minn. | 1913
Proceedings were duly commenced under the provisions of chapter 207, p. 268, Laws 1911, for the consolidation of certain school districts in Nobles county. A plat was prepared, and petitions circulated and signed by the property owners of the districts affected, and pre
Before taking up the questions raised by appellants, we dispose of two points made by respondent. On the call of the calendar and again at the argument, respondent moved to dismiss the appeal to this court, on the ground that it was not taken within the time prescribed by law. Counsel for respondent also insist that the appeal to the district court from the order of consolidation was properly ordered dismissed by the lower court, for the reason that the statute authorizing and providing for the appeal is unconstitutional, as an attempt to confer upon the courts questions of purely legislative character, and therefore void.
“That the respondent is entitled to judgment dismissing the appeal and for their costs and disbursements. Let judgment be entered accordingly.”
This was clearly not intended by the court as a final order in the matter. The order is found in the conclusions of law, and can only be construed as a formal direction that final judgment be entered in harmony with such conclusion. But, since no judgment was ever entered, the respondent’s contention is without foundation. We do not stop to consider the effect of the motion for a new trial as extending the time to appeal, had a final order been entered. The question is not presented.
The contention of respondent that the statute is unconstitutional as an attempt to confer legislative functions upon the courts of the state, when considered with reference to .the last ground of appeal, namely, that the consolidation was against the best interests of the territory affected, is not without merit. Whether public interests require and justify the organization of municipal or quasi-municipal corporations, including school districts, is a matter purely for the legislature, and cannot be conferred upon the courts. State v. Simons, 32 Minn. 540, 21 N. W. 750. If such authority cannot be directly conferred upon the courts, as held in the case cited, it would seem that an indirect method of conferring such jurisdiction would be equally invalid. But the question is, we think, foreclosed by our decisions. The objection now made was not sustained in Oppegaard v. Board of Co. Commrs. of Renville County, 110 Minn. 300, 125 N. W. 504, and the question was considered and determined in Irons v. Independent School District, 119 Minn. 119, 123, 137 N. W. 303. The court will, however, in determining whether the best interests of the territory affected justify a particular consolidation, limit its inquiry to the question whether the proceedings were arbitrary, resulting in unnecessary injustice to those who complain. In short the court will be guided by the rule under which the organization of municipal corporations by county commissioners is set aside by the courts as arbitrary and unreasonable. State v. Village of Dover, 113 Minn. 452, 130 N. W. 74, 539; State v. Village of Alice, 112 Minn. 330, 127 N. W. 1118.
We therefore overrule respondent’s objections to the validity of the statute, sustain the right of appeal to the courts as there conferred, and, without further discussion, come to the questions raised by appellants.
The statute in question provides for the consolidation of rural school districts, and the procedure by which that result may be brought about. The first step required is the presentation to the county superintendent of a plat showing the districts proposed to be consolidated, the location therein of the different school buildings, and the adjoining school districts. This plat, when satisfactory to the county superintendent, goes to the state superintendent for his approval. If approved by that officer, it is returned to the county superintendent, when petitions may be circulated asking for the consolidation. Upon the presentation of the petitions properly signed and verified, the .county superintendent is required to call an election in the several
By this statute the legislature committed directly to the people the-question of consolidating adjoining school districts, conferring upon
The contention of respondent that the petition in question in fact contained the necessary number of signers, as shown by the record, as he interprets the evidence, cannot be sustained, for the findings of the court to the contrary control the question in this court. Nor do we find anything in the record to justify the conclusion that appellants are estopped, by waiver or otherwise, from raising the question. While it is true that they participated in the election, they had the right to do so, and cannot be held to have acquiesced in the validity of the election by so doing. The case of Currie v. Paulson, 43 Minn. 411, 413, 45 N. W. 854, cited hy respondent, is not here in point. That was a county-seat contest and the statute under which it was conducted did not, as does the statute here before the court, provide for any appeal to the courts.
Order reversed and new trial granted.
On August 29, 1913, the following order was filed :
Per Ouriam.
Costs and disbursements were taxed against respondent, the county superintendent of schools, and he appeals, contending that he is not liable therefor. In this we concur.
Section 1285, E. L. 1905, controlling appeals in proceedings of
The clerk’s taxation is set aside.