*1
whiсh,
of the California
Procedure,
Civil
is the same
Code of
R. C. M.
sec.
“It
clear that
it is said:
also
thereby
if the court or board
in аn unauthorized
acts
mode and
power,
exceeds the bounds of
be reviewed on
action
Citing: Carpenter
Superiоr
certiorari.”
Court,
75 Cal.
Spreckels
Pac. 174. See also:
S. Co. v. Industrial Accident
Comm., 186
Cal.
We are this criminal cause back to the court plea delay plea for trial without further should the Accordingly raise an rulings issue. and orders made and day entered on or about February 1951, by the 19th justice peace relator as presiding in criminal case approved 7582 are and made original effective date entry by relator, findings respondent and orders of the —the annulled, district court in case No. 25689 are —its reversed and the cause is remanded with directions to dismiss ab initio proceedings had respondent and dоne in the against relator, justice Emil Borberg, as peace and his court. It is so ordered.
ASSOCIATE METCALF, JUSTICES BOTTOMLY, FREE- BOURN and ANGSTMAN concur.
Rehearing February denied WRIGHT, Appellant, v. BROWNING DIST., HIGH SCHOOL
Respondent. No. 9132. January February Submitted 1952. Decided 14, 1952. *2 appellant. for Helena, Wesley Wertz, Mr. W. Jr., Word, L. Atty. Gеn., Mr. Robert Olsen, Arnold H.
Mr. Atty., Lloyd Murrills, A. Atty. Gen., Mr. Special Asst. Bank, respondent. Cut Habedank, Falls, Mr. Otto T. Swanbérg, Great
Mr. Randall Sidney, curiae. amici orally. argued and Mr. Word
Mr. Wertz ANGSTMAN: MR. JUSTICE Glacier No. of resides in School
Plaintiff who brought this action county taxpayer therein and who is a $200,000 of sum issuing bonds the restrain defendant Chapter 275, Laws declaring declaratory, and for a legal exist- no declaring defendant hаs that of void and bonds. issue no and hence ence legal effect are pleadings and in the The facts are set оut agreed to. court’s forth the succinctly set important facts are about That on or substantially follows: fact, as'
findings of county, county commissioners of Glacier the December a schools, passed of county superintendent togethеr with the high school dis- two county into dividing Glacier resolution Dis- Browning which is defendant tricts, one of composed of district trict; that Aрril 7, county; that on 50 Glacier of district, a ma- of defendant electors qualified 195.1,the bonds de- and sale of issuance jority vote, authorized $200,000 purpose of for the amount of district fendant plain- buying building bigb school; site, equipping a that a No. 9 residing 9; tiff is district tаxpayer in district that a $42,500; sum that outstanding in the of has an indebtedness in- indebtedness; proposed has no if defendant district $200,000 is of debtеdness proportion to
comprising defendant school district allocated so each district and assessed eаch to each are added indebtedness be less will district, respectively, the total indebtedness therein. than cent the vаlue of the taxable Chapter 275, Laws concluded only and the amendments thereto are far they attempt creation of permit or authorize an
authorized XIII of Constitution Article common school without reference to The district сourt that defendant found *3 subsisting com- School District is a valid and school posed 8, 50, and that of common school districts Nos. issue bonds as the indebtedness of high district, when common comprising said School to the assessed valuation in such district divided are to the thus added percent not each such district does exceed property in taxable of the assessed schоol districts. court denied The has plaintiff From restraining order. entered appealed. very Chapter similar 47 of
Chapter 275, 1947, Laws Twenty-third 1933-34, Extraordinary and which Session 1301.1, seq., et C. M. became sections R. Chap- is that important difference between the two
The most express grant terms, ter undertakes to 275, provided for indebted- districts there 498
ness to the full amount by section 6 XIII of Article of the Constitution, irrespective of debt of the common Chapter 47,
When supra, was before this Pierson v. 98 Hendricksen, Mont. 38 244, validity Pac. affected section 6 XIII of the Constitution was not held to be before the court because record that case revealed that the debt limit had not been reached. Other con Chapter tentions that 47 was3unconstitutional likewise held without merit in State ex rel. v. Gallatin Berthot District, 356, (2d) Mont.
In House v. School District No. 4 County, of Park 120 Mont. 319, (2d) Pac. in a opinion three majority to two sustained the incur an indebtedness to the full extent authorized Article XIII of the Constitution without reference out- to the standing indebtedness school district created under Chapter 275 and of which the common school district was a part. question аgain
The came before this court in Love, Rankin v. Pac. 1001. After that ease was commenced but before it reached this court decision, three cent constitutional limit of indebtedness was raised percent. statutory amendment to five limit was likе- changed wise to conform to change. the constitutional 65, Laws of 1951. latter expressly ease overruled the ma- jority opinion in the House Case and held 275 invalid. point majority As to the latter in the Rankin Case “Contravening said: section 6 of does, Article XIII as Chap- it ter Laws of R. C. M. 1947, 75-4601 secs. unconstitutional and is invalid.” between,
Since the Constitution had been amended the time *4 the Rankin case was commenced and the timе it was decided court, this the case stood as did that of v. Pierson Hendrick- sen, viz., the record revealed the debt limit had not bеen reached or exceeded. The ex- opinion might upon well been based the Pierson Case have exprеss language in clusively, but it went further view the purporting to authorize the XIII, irrespective of the debts of the common school district and held contravention of section of Article XIII. portion did not overrule that Ilendricksen, Pierson supra, which held such districts legally constituted entities. Such districts were likewise necessary implication held in both the Pierson case and the Rаnkin case to have to issue bonds and incur indebt- edness apportioned among as such indebtedness when to the assessed valu- ation part in each and this added to the exist- ing bring
did not the debt of of the latter in excess of the prescribed by limit XIII, seсtion Article Constitution. now reaffirm holding We Pierson case and Rankin case to that effect. denying
The district court was restraining order entering judgment and in in favor of defendants. is affirmed. Remittitur to issue forthwith.
MR. CHIEF JUSTICE ADAIR and ASSOCIATE JUSTICES BOTTOMLY and FREEBOURN, concur.
MR. JUSTICE METCALF: (Concurring part).
I concur the result.