116 Kan. 325 | Kan. | 1924
The opinion of the court was delivered by
This is an action in quo warranto challenging the legality of four school districts, numbers 7,12,14 and 15, Greenwood county, naming as defendants the county superintendent of public instruction, the county commissioners of Greenwood county, and the officers of the several school districts involved. Previously several districts had been consolidated with district number 100, forming a district known as union school district number 6, Greenwood county, and officers were elected and qualified as the district board of the consolidated district. The organization- turned out to
The first contention'is that in the organization of new districts the county superintendent is not authorized to form them from territory of a consolidated district. A consolidated district is no more than an enlarged school district, and it has been determined that the county superintendent in organizing a new district may form it from territory which is embraced in a consolidated district. (The State, ex rel., v. School District, 112 Kan. 60, 209 Pac. 974.) It is argued that the instant case is distinguishable from the one cited, as the action taken by the county superintendent practically and seriously impairs the efficiency of the consolidated district, which had been formed on the authorization of the electors voting and residing therein. It appears that the organization of the new district left considerable territory in the consolidated district, which in fact included all of the territory of old district 100, and no reason is seen, why that district may not carry on. The law provides that school districts may be changed by the county superintendent when the educational needs and interests of the inhabitants require it. (R. S. 72-213.) While a consolidated district is organized by the county superintendent after a vote of the people rather than upon the petition of the residents or upon the initiative of the county 'superintendent, nothing is found in the statute which prevents a change of a consolidated district in the way provided for a change in an ordinary district. Both are school districts, and both may be altered when the best interests of the people will be subserved by a change. The power and discretion to make such organizations and changes is vested in the county superintendent, and in case of an appeal in board of county commissioners.
The second objection is that the county superintendent failed to give notice of the organization of the new districts. It appears that he acted on petitions in the first instance, and held hearings as to the creation of such districts without posting written notices of such
In quo warranto the court is vested with considerable discretion (Tarbox v. Sughrue, 36 Kan. 225,12 Pac. 935; The State v. Bowden, 80 Kan. 49, 101 Pac. 654), and in view of the appeals, the hearings had on the appeals, and the subsequent notices, hearings and decisions, we conclude that the lack of notice of the original action of the county superintendent is not a good ground for holding the organizations to be void or for the ouster of the officers of the new districts.
Judgment must therefore go for the defendants.