— This is a proceeding by mandamus-brought in the circuit court of Greene county to compel
“That there are three classes of schools provided for in section 7972, code, 1889, relating to the change of boundary lines of school districts: First, where the districts changed have each thirty pupils; second, where there is $30,000 taxable property in a changed district; third, where there is an area of nine square miles in the district.”
In lieu of the above, the court declared the law as follows, to-wit:
“The court declares the law to be that no school district could have been formed in 1889 with less than thirty pupils and $30,000 worth of taxable property, unless said district contained nine square miles of territory.”
On the trial it was admitted that Flat Rock school district after the change of boundaries had within it less than $30,000 worth of taxable property, namely, $23,000, and that neither district contained at any time as much as nine square miles of territory.
“Provided, however, that no new district shall be created, or boundary line changed, by which any district shall be formed containing within its limits, by actual count, less than thirty pupils of school age, or by which any district shall be left containing within its limits, by actual count, less than thirty pupils of school age, or by which any district shall be formed or left with less than $30,000' assessed valuation at the time, unless such district shall contain within its limits nine square miles or more of territory.”
The plain import of the foregoing statutory language is that thereunder two conditions were affixed to the formation of school districts: First. That such school district, whether newly created or altered by change of boundaries, should not contain within its limits less than thirty pupils of school age. Second. Or less than $30,000 assessed valuation, unless it contained nine square miles of territory.
The evident purpose of the legislature in adding the alternative of nine square miles to the last condition was to guard against the necessity which might otherwise arise in sparsely settled communities of sending the children too great a distance to reach school facilities. But this forethought on the part of the legislature does not do away with either of the prescribed conditions; it can only be a substitute for the latter, provided the first is shown to exist.
Under the admitted facts in this record neither school district contained as much as nine square miles of territory, although the Elat Rock school district contained less than $30,000 of taxable property. It follows that neither the two conditions prescribed by statute, nor the first condition and the substitute for the
Although the statutory conditions have been abridged by the Act of 1891, p. 206, section 1, striking out the second condition and its substitute, still they existed in full vigor when this proceeding was begun, and the circuit judge committed no error in declaring the law in accordance with the statutes then prevailing.
The judgment is affirmed.