201 S.W. 659 | Tex. App. | 1918
This is an appeal from the judgment of the lower court permanently enjoining appellants, who are trustees of a common school district in Hill county, known as school district No. 123, from locating a high school in said district at a point known as Lee Summit site. The record discloses without dispute that appellants were at the time the controversy arose trustees for said school district No. 123, which was created by merging two contiguous common school districts, one known as Hodge school district, and one known as Lenity school district. After the consolidation bonds were authorized and issued for the purpose of building and erecting a high school in the new district. At a mass meeting of the citizens of the consolidated district called by the county superintendent, presumably to ascertain public sentiment, what was designated as the McDuff tract was selected or recommended by the meeting. Afterwards the trustees who were appointed subsequent to the mass meeting selected what was designated as the Lee Summit site. Thereupon this proceeding was commenced with the result stated, the court basing its judgment on the finding that the site selected was not the most convenient situs for a majority of the patrons nor the geographical or population center of the district.
Several issues are presented by counsel, but, as we view the case, one only need be considered, which is: Is the power to select the location of rural high schools lodged with the board of county trustees or with the board of district trustees? It was assumed by the patrons of the school in the mass meeting, and by the county and district school trustees and court and counsel below, that the district trustees had such authority, and the point stated is for the first time presented in this court. Concerning that function it is provided by chapter
It is true, as argued by counsel, that article 2824, Vernon's Sayles' Civ.Stats., which is part of chapter 15, authorizing the creation of school districts, the election of trustees and defining their rights and duties, etc., and which was amended by the acts first quoted, provides that such "trustees shall determine how many schools shall be maintained in their school district, and at what points they shall be located." That provision, however, necessarily has reference at least since the last enactment to the elementary schools in the district. For, if prior to the last act the district trustees had authority to locate high schools in their district, it was repealed by the express provisions of the later act. No other conclusion, it occurs to us, can be reached consistent with both enactments. Such conclusion renders unnecessary a determination of the other issues involved in the appeal. We further conclude that the proper disposition of the case is an affirmance. But neither such affirmance nor the action of the trial court is to be in any manner conclusive on the county trustees in the exercise of the discretion vested in them by law.
Affirmed.