| Oh. Circ. Ct. | Jan 15, 1889
The territory described in the petition in this case, was, until the annexation proceedings hereinafter mentioned, a
We have heretofore held, that the fact that the territory so sought in such proceeding to be annexed to the village, was a part of a school district other than that of the village district, and that the boards of education of such districts had not consented thereto, was not a valid ground of objection to such annexation. There is no statute, so far as we' are advised, that expressly, or by implication, requires such consent to be given, and we see no reason why it should be so. If such was the law, it would be very apt to defeat all annexations of territory to a corporation.
What, then, is the effect of such annexation, when accomplished, on the status, for school purposes, of the annexed territory ? We find no provision of the statute which directly determines this question, and a conclusion can only be reached by an examination of those sections of the law which indirectly bear upon it.
Section 3888 Rev. Stats., provides, “ that each village, including the territory attached to it for school purposes, and excluding the territory within its limits detached for school pur
It is the claim however, of the counsel for the defendant, that by virtue of the annexation proceedings, the territory in question became a part of the village of Westwood for all purposes, and ipso facto, was detached from Special District No. 1, of Green township, for school purposes, and became a part of the village school district.
This claim is principally founded on secs. 1604 and 3908, Rev. Stats. The first of these is found in the chapter of the municipal code, providing for the “annexation of territory on the application of a corporation,” and reads as follows: “When the annexation of such described territory has been completed, the same shall be deemed a part of such municipal corporation, and the inhabitants residing on the territory, shall have, all the rights and privileges of the inhabitants residing within the original limits of the corporation.” And section 3908, a part of the general school law, which provides for the elec-' tion of members of the Board of Education of the village district, says, that it shall be done, by “the qualified electors of the district, including those residing within the bounds of the territory attached to the district, but beyond the village limits.”
It seems to us that neither of these sections makes it plain, that the annexation of territory to a village, has the effect claimed for it; that sec. 1604 was not intended to apply to the “rights and privileges” of the inhabitants of such annexed
It is also urged that when such territory, is annexed, sec. 3908 makes the inhabitants thereof electors of the village district, if otherwise qualified, and therefore it must follow that they were members or residents of the village district. But we think that such is not the case. By that section, only the qualified electors of the village district, not of the village itself, are authorized to vote at the election held for members of the board of education of such village district. If any territory outside of the limits of the village has been added for school purposes, to the village district, the qualified electors, residing thereon, are legal voters at such election, hy the very terms of the statute. And if any territory situate within the village limits, has been detached from the village district for school purposes, or has never in fact been attached to such village district, the inhabitants thereof, though qualified electors of the village, are not members of the village district, and are not entitled to vote at the election for school officers therefor.
As section 3893 is the only one which expressly provides for the manner in which territory situate in one school district, may be transferred to another, viz., “ hy the mutual consent of the hoards of education having control of such districts,”