267 Mo. 371 | Mo. | 1916
This is an information in the nature
•of quo warranto, exhibited by the prosecuting attorney of Clay County, Missouri, at the relation of Benjamin M. Clements, John Pilger and Philip Klamm as the
The answer denies the usurpation charged and proceeds as follows:
■ “Further answering, these defendants say that heretofore a petition signed by more than twentv-iive qualified voters of the community hereinafter described, was filed with the' county superintendent of public schools of Clay County, Missouri, showing that they desired to form said community into a consolidated school district under the provisions of an act of the Legislature of the 47th General Assembly of Missouri, entitled, ‘An Act to provide for the organization of consolidated schools and rural high schools, and to provide State aid for such schools, with an emergency clause,’ approved March 14, 1913; that on receipt of said petition, the county superintendent of schools visited said community and investigated the needs of the community and determined the exact boundaries of the proposed consolidated district, locating the boundary lines as in his judgment would form the best possible consolidated district, having due regard also to the welfare of adjoining districts; that said county superintendent of schools called a special meeting of all the qualified voters of the proposed consolidated district for considering the question of consolidation, by posting within the proposed district ten notices in ten pub-*375 lie places, stating the place, time and purpose of said meeting, at least fifteen days prior to the date set for said meeting, and also posted within said district fifteen days prior to the date of said special meeting at least five plats of the proposed consolidated district, which plats and notices were posted within thirty days after the filing of said petition; that said special meeting was called to meet at the hall in Linden, Missouri, on April, 20, 191é, at two o’clock P. M., as stated in said notices.
“These defendants further state that the said county superintendent of schools filed a copy of the petition and of the plat aforesaid with the county clerk of Clay County, Missouri, and that he sent and took one of said plats to the said special meeting, which he attended in person, and on the date and at the hour aforesaid, said county superintendent of schools called said meeting to order in person; that at said meeting, John M. Blevins was elected chairman and Ernest Capps was elected secretary of said meeting; that thereupon, the meeting proceeded to vote by. ballot upon the proposition to organize the said consolidated district, those voting for such organization having upon their ballot the words ‘Por Organization,’ and those voting against the organization having on their ballots ‘Against Organization,’ and each person desiring to vote advanced to the front of the chairman and deposited his ballot in the box used for that purpose. "When all present had voted, the chairman appointed two tellers who called, each ballot aloud and the secretary kept a tally and reported to the chairman who announced the result of the vote, and a majority of the votes being cast for organization, the chairman so declared, and declared the Consolidated District No. 1 organized, and called for the next order of business, which was the election of six directors, two of whom were to be elected for three years, two for two years, and two for one year, each director*376 being elected separately and tbe result announced in tbe manner prescribed for organization, and these defendants were, in said manner and in accordance with law, duly elected directors of said Consolidated School District No. 1, they duly qualified and have since then been, and are now, acting as such board of directors; that the chairman and secretary of said special meeting kept a record of the proceedings thereof, which they certified to the county clerk of Clay County, Missouri, in which said entire consolidated school district is located, and the county school superintendent of Clay County, Missouri, filed a copy of the petition and of the plat of said proposed county school district with the county clerk of said Clay County, Missouri.”
The appellants, not challenging the sufficiency of ■ the answer, replied with a .general denial. On the trial the appellant assumed the burden of showing the validity of the organization of the defendant district, and introduced : (1) A copy of a petition for the consolidated district, addressed to James A. Robeson, the superintendent of schools of the county, purporting to be signed by forty-one qualified voters of school districts number '50 and 63 and adjoining districts, notifying bim of their purpose to organize a consolidated school district in accordance with said act, and asking bim to visit the community to investigate its . needs, and to make and post plats and notices of a special school meeting to vote on the organization of such consolidated district. This petition and notice purported to be filed in the office of the superintendent March 17, 1914. (2) A notice of such special meeting to be held at a place therein named, on April 20, 1914, at two o ’clock, P. M., to consider the organization of such district and elect six directors therefor. This was signed by the county superintendent of public schools, and dated April 4, 1914. This was by the superintendent, taken to and laid before the special meeting, as was also
With reference to the enumeration of the children of the territory included, the following is the only reference we find in the record.
“By the Court: What about the enumeration? It says none should be formed unless they have two hundred children, unless that is admitted.
“By Mr. DeWeese: No.”
Mr. Stean was then recalled and testified:
“Q. Can you get the enumeration showing the number of school children within this consolidated school district?
“By Mr. Hughes: The last enumeration made before the proceedings to form the consolidated district,
“A. It’s made in five first and then one.
“Q. I wish you would get those records, the five that were made just before and the one before.”
There were two small towns in the district, Linden and Gashland, neither of which was incorporated. The directors of the consolidated district met after the election and on the same day, and organized by the election of John M. Blevins, president, George T. Clardy, vice president, and Ernest Capps, secretary, took the oath of office, and proceeded to the transaction
Objections were properly made and exceptions saved by the plaintiff with reference to all the questions we shall consider.
The appellant’s assignment of errors is as follows :
‘ ‘ 1. The answer of defendants did not state facts sufficient to constitute a legal response to the several matters and things set forth in the information and inquired for, or to constitute any lawful warrant of authority to use or exercise the functions of a board of directors of said consolidated school district.
£<2. The court erred in the admission of parol evidence to supply the deficiency of the record.
"3. No sufficient petition was filed with the •county superintendent of schools, as required by section 3 of the Act of March 14,1913.
"4. No sufficient notice of a special meeting was given by the county superintendent of schools.
“5. No sufficient plats of the proposed consolidated district were posted as required by law.
"6. The proceedings of the special meeting, certified by the cháirman and secretary to the county clerk and to the county superintendent of schools, as required by said act, were insufficient.
"7.- The copy of the petition and plat filed in the office of the county clerk were insufficient in law.
"8. The record did not show that the proposed consolidated school district contained an area of at least twelve- square miles. This was undertaken to be supplied by parol evidence.
"9. The evidence did not show that the proposed consolidated school district had an enumeration of at*380 least two hundred children of school age. This was undertaken to be supplied by parol evidence. ’ ’
I. The appellant’s counsel have furnished us with an excellent brief of points and authorities which he evidently believes to he applicable to this case, and considerately, and not without hazard, has entrusted to us the work of finding the facts which fit them in a somewhat obscure record. The public interests involved are such that it has been advanced upon our docket for argument and disposition, and we have given careful consideration to the record to ascertain the real questions upon which the parties .differ. At the outset we are met with the unexplained assertion that the answer is not sufficient to show the right of the respondents, which depends entirely upon the question whether or not the organization of Consolidated School District No. 1, in,Clay County, Missouri, of which they assume to exercise the office of directors and, collectively, to act as a board of directors, is valid; in other words, whether there is such a school district by virtue of the proceedings here called in question. This depends entirely upon the provisions of the act of the General Assembly entitled, “An Act to provide for the organization of consolidated schools and rural high schools, and to provide State aid for such schools, with .an emergency clause,” approved March 14, 1913. [Laws 1913, p, 721.]
All these papers had been deposited with the clerk and superintendent, as the case might be, to be kept among the papers of the office, and it was competent, to prove that fact by parol. If the paper was in existence it could be produced by the officer; if not, its loss or destruction while it constituted a record of the proper office, could be proven in the same manner.
“After stating business of meeting, Chairman ■called for vote by ballot on matter of proposed consolidation. Ballots to contain words, ‘For Consolidation,’ or‘Against Consolidation.’
“Remarks on question before the house called fo.r .and made by Prof. Robeson along lines of general information.
“Balloting resulted as follows: For Consolidation, 62, against Consolidation, 49. Majority for Consolidation, 13. Total vote, 111. Proposition carried.”
The statute does not undertake to say in what form the minutes of the meeting shall be kept or how minutely, if .at all, they shall go into the details constituting each act of the meeting. It is evident that the highest degree of verbal skill cannot he expected from the secretaries of such meetings. We think that the statement that the vote was taken by the chairman by ballot and the result ascertained and declared necessarily includes the details which constitute the taking ■of the vote under the statute. To be sure, the minutes •do not say that each person voting advanced to the front of libe'chairman or that a box was provided for
Finding no error in the record, we affirm the judgment.
PER CURIAM. — The foregoing opinion of Raiuey, C., is adopted as the opinion of the court.