169 Iowa 143 | Iowa | 1914
1. The defendants are the purported officers of the consolidated independent school district of Alleman. The school corporation in question was organized under the provisions of Chapter 143, 34th G. A., in pursuance of an election held in January, 1914, wherein the majority of the electors voted in favor of such organization.
It is averred in plaintiff’s petition that the village of Alleman was a “platted village.” This allegation is put in issue only by a general denial in the answer, and we are disposed to assume the truth of such allegation for the purpose of this discussion.
The question presented for our consideration is, whether the election held was rendered void by the failure of the judges of election to furnish two ballot boxes at the election. This involves a construction of Chapter 143 above referred to. This chapter purports to be an amendment of Sec. 2794-a of the Code Supplement. Such chapter provides as follows:
“When it is proposed to include in such district a city, or town or village, the voters residing upon the territory outside the incorporated limits of such city, town or village shall vote separately upon the proposition for the creating of such new district.”
It also provides that “the judges of said election shall provide separate ballot boxes in which shall be deposited the votes cast by the voters from their respective territories.” It is further provided that if a majority in either territory shall vote against the proposition, then the same shall fail.
The first question presented, therefore, is, was it necessary to 'take account of the platted limits of the village of Alleman and to furnish two ballot boxes for the respective
The village of Alleman had no “incorporated limits,” because it was not incorporated. To substitute in such a case the platted limits for the incorporated limits would be to add something to the statute. We think, therefore, that the requirement for separate ballot boxes cannot apply to a village which has no incorporated limits.
We have no argument for the appellee. It might be urged in his behalf that under our statute there can be no such thing as an incorporated village as distinguished from an incorporated town, because an incorporated village is the statutory equivalent of an incorporated town. It is undoubtedly true that an incorporated village would be a “town” within the meaning of our statute. Code Sec. 638. In this sense, the use of the word “village,” in the chapter referred to, is mere surplusage. The ordinary definition of a village is a small assemblage of houses, whether situated upon a platted district or not. See Webster’s Dictionary; Bouvier’s Dictionary; Truax v. Pool, 46 Iowa 257; Mikael v. Equitable Securities Co. (Tex.) 74 S. W. 67; State v. Lammers, 113 Wis. 398, 89 N. W. 501; Illinois Central v. Williams, 27 Ill. 48.
The statute under consideration, however, assumes the possibility of the creation of an incorporated village. Even though this be a mistaken assumption, or an erroneous terminology, it cannot have the effect to enlarge the application of the statute to a village not incorporated. We conclude, therefore, that the statute by its terms is applicable only to municipal corporations having “incorporated limits.”
2. In view of the showing that the proposition to form the school district was carried by clear majorities both within
In view of our conclusion upon the first question considered, we need not pass upon this one. We think the demurrer to the answer should have been overruled.
The order sustaining such demurrer must therefore be reversed, and it is so ordered. — Reversed.
SUPPLEMENTAL OPINION.
Wednesday, February 17, 1915.
We hold, therefore, that the statute ought to be deemed applicable to unincorporated-villages and that the limits of such villages are to be ascertained from the platting thereof.