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evidence that a strip of land included in a school continue until the terms for which they were district but outside the city was rural ratber elected shall erpire, open to the objection that than urban, that it was separated into farms it is a deprivation of local control or of selfand gardens, and that not more than 150 voters government, for the Legisiature may at the time resided therein.

of the organization or creation of a municipal 4. SAYE.

corporation so designate its officers To determine the particular district of a 10. CONSTITUTIONAL LAW-SPECIAL LEGISLAcity having the largest number of voters within TION. Acts 320 Gen. Akem. (Laws 1907, p. 1.3) Vor is the act in violation of the constituC. 155, $ 2. the scbool register prepared io pur- tional provision requiring uniform operation of suance of Code, $ 27.35, was competent evidence. laws and probibiting class legislation, because 5. STATUTES-REPEAL OF PREVIOUS STATUTES. its application is limited to cities of 50.000 and

Acts 320 Gen. Assem. (laws 1307, p. 153) over. C. 1.55. authorizing the consolidation of all the 11. SCHOOLS AND SCHOOL DISTRICTS-COXSOLterritory in a city of the first class having a IDATION. population of 30.000, into an independent school Code Supp. 1907, $ 2793, providing that the district, if the voters shall so determine, does boundary lines of contiguous school corporations not repeal hy implication Acts 31st Gen. Assem. | may be changed by the concurrent action of the (Laws 106. p. 33) C. 134. § 10 (Code Supp. respective boards of directors and may in like 1907. $ 2793), regulating the change of bounda manner be so changed that one corporation shall ries of school districts by the concurrent action be included in and consolidated with the other of the several boards of directors of the districts. as a single corporation, obriates the objection, 6. SAVE_EXPRESSIOY OF SCBJECT OF ACT IS even if it were tenable, that no provision is TITLE.

made by Acts 32d Gen. Assem. (Lars 1907, p. Acts 320 Gen. Assem. (Laws 1907, p. 153)

153) C. 155, authorizing the consolidation of c. 155. entitled “An act to provide for the con

all the territory in a city of the first class havsolidation and change of boundaries of school

ing a population of 50.000 into one independent districts in certain cities of the first class and

school district, for extending the limits of the other purposes incident tbereto." is not in viola

school district with the expansion of the city tion of Const. art. 3, & 29, requiring the sub

limits. ject of an act to be expressed in its title, in 12. SAME-DEPRIVATION OF PROPERTY WITHthat the title refers to districts in cities, whereas OUT COMPENSATIOX. the body of the act provides for the consolida

Acts 32d Gen. Assem. (Laws 1907, p. 153) tion of all the territory within cities, regardless c. 155, authorizing the consolidation of all the of whether the districts consolidated are wholly | territory in a city of the first class having a within or partly without the city limits, for the | population of 30.000 into one independent school title does not specify that the school districts district, has not the effect to take private propshall be wholly within the city limits, and is erty for public use without just compensation, broad er

e a district partly with: | since the property is public and not private, out the city limits.

and there is no inhibition against legislative 7. SAME.

disposition of public property. Acts 320 Gen. Assem. (Laws 1907, p. 153) 13. SAME. c. 1.55, entitled "An act to provide for the con Nor has the act the effect to take private solidation and change of boundaries of school property for public use without just compensadistricts in certain cities of the first class and tion, on the theory that the board of directors other purposes incident thereto,” even if con of those school districts only partly within the strued as referring, in its title to districts in city limits, are to meet with the board of dicities, whereas the body of the act provides for rectors of the consolidated district in dividing the consolidation of all the territory within city assets and apportioning liabilities, and that some limits, regardless of whether the districts are of the officers of the new outlying districts, wholly within or partly without the city, is not though living in the consolidated district, might in violation of Const, art. 3, & 29, requiring the represent them, and that therefore no adequate subject of an act to be expressed in its title, tribunal for the division of assets and apporwhore, in so far as it appears, each of the dis

tioning liabilities was provided, since by Acts tricts partly without a city may be bounded by

31st Gen. Assem. (Laws 1906, p. 99) c. 136, 8 one or more districts entirely within the city

13 (Code Supp. 1907, S 2802), the board of diand the change of the boundaries of the latter, rectors of the portion of a district outside of conceded to be authorized, may have extended

the city continues to act only until their succes. the districts wholly within the city so as to cov

sors are elected, which new board of directors er its entire territory.

alone can act in dividing assets and apportioning 8. CONSTITUTIONAL LAW_IMPAIRMENT OF OB

liabilities, and since, moreover, an appeal to the

district court is authorized by that section. LIGATION OF CONTRACTS.

Nor does such act have the effect, as to Appeal from District Court, Polk County ; school districts consolidated which have an outstanding bonded indebtedness, to impair the ob

Jesse A. Miller, Judge. ligations of contracts, siuce no change is attempt

Action in quo warranto to test the right of ed in the measure of the obligations to perform defendants to exercise the offices of directors the contracts or the right to enforce them, but

of the independent school district of Des at mast the creditors may be compelled to make

Moines. The petition was dismissed, and the consolidated district as well as the new district outside of the city limits parties defendant plaintiff appeals. Affirmed. in an action on the bonds instead of the dis

Halloran & Starkey, for appellant. Read trict issuing the bonds only, or to maintain two actions instead of one, in either of which events & Read, for appellees. no more than a mere change of procedure is involved.

LADD, C. J. Prior to May 21, 1907, there 9. SCHOOLS AND SCHOOL DISTRICTS-CONSOLI

were 5 independent school districts wholly DATION OF DISTRICTS-DEPRIVATION OF LO

within the corporate limits of the city of Des CAL CONTROL

Neither is the act, in providing that the of Moines, and 12 such districts partly within ficers of the school corporation holding office in

and partly without said limits. On that day the district affected by such consolidation hay.

the electors of the city in pursuance of chaping the largest number of voters shall become the officers of the consolidated district, and so l ter 155 of the Acts of the Thirty-Second Gen. eral Assembly (Laws 1907, p. 153), by a vote | shall expire. The terms of office of all direcof 3,081 for to 952 against on the question, tors, treasurers, and officers of the boards in "Shall all the territory within the city of Des all other districts affected by this act, lying Moines be united into one school district?” wholly within such consolidated district and effected as is claimed by defendants, the con holding office at the time of such consolidasolidation of all the territory within the city tion, shall cease and determine, and in case boundaries as the independent school dis- of districts lying partly without such consoltrict of Des Moines. The defendants, consti idated district, the directors, officers and tuting the board of directors of the independ treasurers shall continue to have authority ent school district of West Des Moines, pass only over the territory lying within their dised on the sufficiency of the petition of 100 tricts, and without the consolidated district; electors, ordered the election, canvassed the provided that nothing herein contained shall returns, and, upon ascertaining the result as affect the terms of employment of superinstated, declared and recorded it, and there tendents, principals, or teachers for the curupon assumed to act as directors of the new rent school year, in which such consolidation district. Their right so to do is challenged may be effected. on various grounds which will appear as we "Sec. 3. All taxes previously certified durproceed, and is supported by an argumenting that year, shall be void so far as the containing 12 propositions subdivided into 88 property within the limits of the consolidated points and these again separated into 132 fin independent district is concerned. And all er points. In only one other appeal since the taxes necessary for the new corporation for assignment of 485 errors in a single case pri that year shall be certified and levied as proor to the repeal of the statute exacting as- vided in section twenty-seven hundred and signments of error has genius for analysis ninety-six (2796) of the Code. All property bebeen so signally manifested as in this argu longing to districts affected by such consoliment. As the manner of compliance with dation shall become the property of the conas well as the validity of the act of the Leg- solidated district, except that in case of disislature is assailed it may be set out. The tricts lying partly without such city, the lifirst section limits its operation to cities of abilities and assets of such districts shall be 50.000 inhabitants or more.

equitably apportioned in accordance with "Sec. 2. When a written petition, request- chapter one hundred thirty-six (130), section ing the establishment of a consolidated in thirteen (13) Acts of the Thirty-First (31) Gendependent district whose territory shall be eral Assembly, but nothing herein contained Co-extensive with that of such city, signed shall affect the rights of existing creditors." by one hundred voters of such city, is filed 1. It will be noted that the petition is to with the board of the school corporation, be signed by voters of the city only and not therein having the largest number of voters, | less than 100 in number. Whether the reqit shall be the duty of said board within ten | uisite number did sign and were thus qualdays, to call an election, at which all the vot- | ified was for the board of directors of "the ers residing in the proposed district shall be | school corporation therein having the largest allowed to vote by ballot for or against the number of voters" to determine. Ryan v. proposition, 'Shall all the territory within Varga, 37 Iowa, 78. Was the independent the city of (naming it) be united into one school district of West Des Moines such corschool district ?' The board calling said elec poration? It included the first, second, third, tion shall divide the territory within the pro and fourth wards of the city and a strip of posed district into such number of precincts, country about two miles long and a half mile as the board shall determine, and the judges wide outside. Because a part of its territory of election shall make and certify a return lay beyond the city limits appellant contends of the vote to the secretary of the same board that the defendants, constituting its board of which shall, on the next Monday after the directors, were without the power to act as election, canvass the returns made to the sec above stated. In other words counsel argue retary, ascertain the result of the election, that the "corporation therein having the largdeclare the same and cause a record to be est number of voters” has reference to a cormade thereof, and in all other respects, ex poration entirely within city limits. But cept as inconsistent with the provisions of such is not the language of the statute. Coun. this act, the election shall be conducted as sel suggest many reasons which possibly provided by law for elections in independent might have been persuasive in procuring a school districts in cities of the first class. If different wording had they been addressed a majority of the votes cast at such election to the Legislature, but ought not to be allowis favorable to the proposition, the consoli. ed to persuade the courts to do otherwise dation and formation of said independent dis- | than give effect to the plain language employtrict shall thereby be effected and the board ed in which no intention to discriminate beof directors, treasurer and other officers of tween the several districts because of their the school corporation then holding office in location is manifested. The sole test is the the district affected by such consolidation number of voters within each of the several having the largest number of votes shall con districts, the directors of the one having the tinue to hold their respective offices until the most voters being authorized to pass on the terms for which they were originally elected petition of the 100 electors, order, and gener

evidence that a strip of land included in a school | continue until the terms for which they were district but outside the city was rural rather elected shall expire, open to the object n that than urban, that it was separated into farms | it is a deprivation of local control or of selfand gardens, and that not more than 150 voters | government, for the Legislature may at the time resided therein.

of the organization or creation of a municipal 4. SAME.

corporation so designate its officers. To determine the particular district of a 10. CONSTITUTIONAL LAW-SPECIAL LEGISLAcity having the largest number of voters within TION. Acts 32d Gen. Assem. (Laws 1907, p. 153) Nor is the act in violation of the constituc. 155, § 2, the school register prepared in pur tional provision requiring uniform operation of suance of Code, $ 2755, was competent evidence. laws and prohibiting class legislation, because 5. STATUTES-REPEAL OF PREVIOUS STATUTES. its application is limited to cities of 50,000 and

Acts 32d Gen. Assem. (Laws 1907, p. 153) over. c. 155, authorizing the consolidation of all the 11. SCHOOLS AND SCHOOL DISTRICTS-CONSOLterritory in a city of the first class having a IDATION. population of 50.000. into an independent school Code Supp. 1907, $ 2793, providing that the district, if the voters shall so determine, does boundary lines of contiguous school corporations not repeal by implication Acts 31st Gen. Assem. may be changed by the concurrent action of the (Laws 1906, p. 99) c. 136, § 10 (Code Supp. respective boards of directors and may in like 1907, $ 2793), regulating the change of bounda manner be so changed that one corporation shall ries of school districts by the concurrent action be included in and consolidated with the other of the several boards of directors of the districts. as a single corporation, obviates the objection, 6. SAME-EXPRESSION OF SUBJECT OF ACT IN

even if it were tenable, that no provision is TITLE.

made by Acts 32d Gen. Assem. (Laws 1907, p. Acts 320 Gen. Assem. (Laws 1907, p. 153) 153) C. 155, authorizing the consolidation of c. 155. entitled “An act to provide for the con all the territory in a city of the first class haysolidation and change of boundaries of school

ing a population of 50,000 into one independent districts in certain cities of the first class and

school district, for extending the limits of the other purposes incident thereto," is not in viola

school district with the expansion of the city tion of Const. art. 3, & 29, requiring the sub

limits. ject of an act to be expressed in its title, in 12. SAME-DEPRIVATION OF PROPERTY WITH. that the title refers to districts in cities, whereas OUT COMPENSATION. the body of the act provides for the consolida

Acts 32d Gen. Assem. (Laws 1907, p. 153) tion of all the territory within cities, regardless c. 155, authorizing the consolidation of all the of whether the districts consolidated are wholly territory in a city of the first class having a within or partly without the city limits, for the population of 50,000 into one independent school title does not specify that the school districts district, has not the effect to take private propshall be wholly within the city limits, and is erty for public use without just compensation, broad enough to include a district partly with since the property is public and not private, out the city limits.

and there is no inhibition against legislative 7. SAME.

disposition of public property. Acts 32d Gen. Assem. (Laws 1907, p. 153) 13. SAME. c. 155, entitled "An act to provide for the con

Nor has the act the effect to take private solidation and change of boundaries of school property for public use without just compensadistricts in certain cities of the first class and tion, on the theory that the board of directors other purposes incident thereto," even if con of those school districts only partly within the strued as referring, in its title to districts in city limits, are to meet with the board of dicities, whereas the body of the act provides for rectors of the consolidated district in dividing the consolidation of all the territory within city assets and apportioning liabilities, and that some limits, regardless of whether the districts are of the officers of the new outlying districts, wholly within or partly without the city, is not though living in the consolidated district, might in violation of Const. art. 3, § 29, requiring the represent them, and that therefore no adequate subject of an act to be expressed in its title, tribunal for the division of assets and appor

tribunal for the div where, in so far as it appears, each of the dis

tioning liabilities was provided, since by Acts tricts partly without a city may be bounded by 31st Gen. Assem. (Laws 1906, p. 99) C. 136, & one or more districts entirely within the city 13 (Code Supp. 1907, § 2802), the board of diand the change of the boundaries of the latter,

rectors of the portion of a district outside of conceded to be authorized, may have extended

the city continues to act only until their succes. the districts wholly within the city so as to cov

sors are elected, which new board of directors er its entire territory.

alone can act in dividing assets and apportioning 8. CONSTITUTIONAL LAW-IMPAIRMENT OF OB

liabilities, and since, moreover, an appeal to the LIGATION OF CONTRACTS.

district court is authorized by that section. Nor does such act have the effect, as to

Appeal from District Court, Polk County; school districts consolidated which have an outstanding bonded indebtedness, to impair the ob

Jesse A. Miller, Judge. ligations of contracts, siuce no change is attempt Action in quo warranto to test the right of ed in the measure of the obligations to perform defendants to exercise the offices of directors the contracts or the right to enforce them, but at mast the creditors may be compelled to make

of the independent school district of Des the consolidated district as well as the new dis

Moines. The petition was dismissed, and trict outside of the city limits parties defendant plaintiff appeals. Affirmed. in an action on the bonds instead of the district issuing the bonds only, or to inaintain two

Halloran & Starkey, for appellant. Read actions instead of one, in either of which events & Read, for appellees. no more than a mere change of procedure is involved.

LADD, C. J. Prior to May 21, 1907, there 9. SCHOOLS AND SCHOOL DISTRICTS-CONSOLIDATION OF DISTRICTS-DEPRIVATION OF LO.

were 5 independent school districts wholly CAL CONTROL.

within the corporate limits of the city of Des Neither is the act, in providing that the of

Moines, and 12 such districts partly within ficers of the school corporation holding office in

and partly without said limits. On that day the district affected by such consolidation haying the largest number of voters shall become

the electors of the city in pursuance of chapthe officers of the consolidated district, and so l ter 155 of the Acts of the Thirty-Second General Assembly (Laws 1907, p. 153), by a vote shall expire. The terms of office of all direcof 3,081 for to 932 against on the question, tors, treasurers, and officers of the boards in "Shall all the territory within the city of Des all other districts affected by this act, lying Moines be united into one school district ?" wholly within such consolidated district and effected as is claimed by defendants, the con holding office at the time of such consolidasolidation of all the territory within the city tion, shall cease and determine, and in case boundaries as the independent school dis- | of districts lying partly without such consoltrict of Des Moines. The defendants, consti idated district, the directors, officers and tuting the board of directors of the independ treasurers shall continue to have authority ent school district of West Des Moines, pass only over the territory lying within their dised on the sufficiency of the petition of 100 tricts, and without the consolidated district; electors, ordered the election, canvassed the provided that nothing herein contained shall returns, and, upon ascertaining the result as affect the terms of employment of superinstated, declared and recorded it, and there tendents, principals, or teachers for the curupon assumed to act as directors of the new rent school year, in which such consolidation district. Their right so to do is challenged may be effected. on various grounds which will appear as we "Sec. 3. All taxes previously certified durproceed, and is supported by an argument ing that year, shall be void so far as the containing 12 propositions subdivided into 88 property within the limits of the consolidated points and these again separated into 132 fin. independent district is concerned. And all er points. In only one other appeal since the taxes necessary for the new corporation for assignment of 485 errors in a single case pri that year shall be certified and levied as proor to the repeal of the statute exacting as vided in section twenty-seven hundred and signments of error has genius for analysis ninety-six (2796) of the Code. All property bebeen so signally manifested as in this argu longing to districts affected by such consoliment. As the manner of compliance with dation shall become the property of the conas well as the validity of the act of the Leg solidated district, except that in case of disislature is assailed it may be set out. The tricts lying partly without such city, the lifirst section limits its operation to cities of abilities and assets of such districts shall be 50.000 inhabitants or more.

equitably apportioned in accordance with "Sec. 2. When a written petition, request chapter one hundred thirty-six (136), section ing the establishment of a consolidated in: | thirteen (13) Acts of the Thirty-First (31) Gendependent district whose territory shall be eral Assembly, but nothing herein contained co-extensive with that of such city, signed shall affect the rights of existing creditors." by one hundred voters of such city, is filed 1. It will be noted that the petition is to with the board of the school corporation, be signed by voters of the city only and not therein having the largest number of voters, less than 100 in number. Whether the reqit shall be the duty of said board within tenuisite number did sign and were thus qualdays, to call an election, at which all the vot- | ified was for the board of directors of “the ers residing in the proposed district shall be school corporation therein having the largest allowed to vote by ballot for or against the number of voters" to determine. Ryan v. proposition, 'Shall all the territory within | Varga, 37 Iowa, 78. Was the independent the city of (naming it) be united into one school district of West Des Moines such corschool district?' The board calling said elec poration? It included the first, second, third, tion shall divide the territory within the pro-, and fourth wards of the city and a strip of posed district into such number of precincts, country about two miles long and a half mile as the board shall determine, and the judges wide outside. Because a part of its territory of election shall make and certify a return lay beyond the city limits appellant contends of the vote to the secretary of the same board that the defendants, constituting its board of which shall, on the next Monday after the directors, were without the power to act as election, canvass the returns made to the sec above stated. In other words counsel argue retary, ascertain the result of the election, that the “corporation therein having the larg. declare the same and cause a record to be est number of voters" has reference to a cormade thereof, and in all other respects, ex poration entirely within city limits. But cept as inconsistent with the provisions of such is not the language of the statute. Counthis act, the election shall be conducted as sel suggest many reasons which possibly provided by law for elections in independent might have been persuasive in procuring a school districts in cities of the first class. If different wording had they been addressed a majority of the votes cast at such election to the Legislature, but ought not to be allowis favorable to the proposition, the consoli ed to persuade the courts to do otherwise dation and formation of said independent dis than give effect to the plain language employtrict shall thereby be effected and the board ed in which no intention to discriminate beof directors, treasurer and other officers of tween the several districts because of their the school corporation then holding office in location is manifested. The sole test is the the district affected by such consolidation | number of voters within each of the several having the largest number of votes shall con- districts, the directors of the one having the tinue to hold their respective offices until the most voters being authorized to pass on the terms for which they were originally elected petition of the 100 electors, order, and generally take charge of the election. It is insist- | ed, and in the absence of such proof we are ed, however, that in ascertaining the partic- of the opinion that the evidence was compeular district having the largest number of tent, and that it satisfactorily proves that voters only those residing in the city should the largest number of voters, without countbe included. As appellees concede this and, ing those outside the city, lived in the disas will hereafter appear, the number of elect- trict of which defendants were directors. ors residing in the city and also the district 2. Much of the appellant's argument is basexceed that of any other and probably of all ed on the assumption that the act quoted rethe other districts it is unnecessary to decide pealed by implication section 10, of chapter the point. Appellant next urges that there | 136 of the Thirty-First General Assembly was no competent evidence of the relative (Laws 1906, p. 99). See section 2793, Code number of voters in the 17 districts. A cen- | Supp. 1907. But this is not so. There is no sus of the state was taken in 1905 in pursu- | inconsistency between them, for the former ance of chapter 8 of the Acts of the Thirtieth relates to consolidation effected by a vote of General Assembly from which it appears that the electors while the latter regulates the there were then in Polk county 30,073 male change of boundaries by the concurrent ac adults of whom 14,984 resided in the first, tion of the several boards of directors of the second, third, and fourth wards of Des different districts, in which event "the corpoMoines, within the district named. Laws | ration from which territory is detached shall 1904, p. 7. In the other three wards of the after the change contain not less than four city were 8,621 adult males, leaving outside government sections of land and its boundary of the city but 6,468 voters. This act of the lines must conform to the lines of congresLegislature required tbe census to be publish sional divisions of land.” Manifestly such ed, and then declared that "such census pub limitations on the powers of the board of dilication shall be evidence of all matters there rectors are not inconsistent with a subsequent in contained,” so that it was competent ev- statute like that first quoted authorizing a idence of the foregoing facts. That it was tak different result to be affected by a vote of en a couple of years previous does not, in the the people. See Rural Ind. School Dist. No. absence of any showing of change, impair its 10 v. New Ind. School Dist. of Kelly, 120 value as evidence, for, as has often been de | Iowa, 119, 94 N. W. 284. cided, conditions once established are presum 3. The act set out is assailed as violative ed to continue for a reasonable time at least. of the Constitution in that (1) its subject is State v. Jones, 64 Iowa, 360, 17 N. W. 911, 20 not expressed in the title; (2) it impairs the N. W. 470; Sigler v. Murphy, 107 Iowa, 128, obligation of contracts; (3) deprives the peo77 N. W. 577.

ple of the management of their own affairs; A witness testified over objection that the (4) is class legislation; and (5) takes private strip of land included in the district, but out property for public use without just compenside the city, was rural rather than urban, sation. These propositions may be disposed and that it was separated into farms and gar of in the order enumerated. The act is entidens, and that not more than 150 voters re tled "An act to provide for the consolidation sided therein. No separate census of it had and change of boundaries of school districts ever been taken. For the purpose of this in certain cities of the first class and other case we are inclined to regard this evidence purposes incidental thereto," and it is said as competent. It was the best attainable un this does not comply with section 29 of artiless a census were to be taken, and when con cle 3 of the Constitution, exacting that the sidered in connection with the use made of subject of every act be expressed in the title, the land was sufficient to show that enough in that the title refers to districts in certain voters did not reside beyond the city limits cities, whereas the body of the act provides to reduce the number of voters within them for the consolidation of all territory within to that of any other district. The relative city limits regardless of whether the districts number of voters residing in the district was are wholly within or partly without the city. further shown by proof that the school reg. | In other words, counsel first misconstrue the ister prepared in pursuance of section 2755 | title, and then challenge its constitutionality. of the Code for the March election of 1907 Two things at least are indicated in the title: disclosed the names of 13,024 voters in this First, that the act relates to consolidation; district, and but 6,180 in the school district and second, but incidental thereto, a change of East Des Moines which comprised most of of boundaries. Of what? "Of school districts the city east of the Des Moines river. It may | in certain cities." Wholly in? It is not so be that these registers do not contain all the specified. If then only a portion of the disvoters, but they were completed so near the trict is in the city, it is such a district as here time of filing the petition that they furnished contemplated, and the title is broad enough valuable and competent evidence of the rela- | to include it. But if the act be construed as tive number of voters in the several districts. appellant contends it should be it is not open If such evidence may not be resorted to, how to the criticism made for in so far as appears shall it be ascertained which of the 17 dis- | each of the 12 districts partly without the city tricts had the most voters at the time of the may be bounded by one or more of the 5 filing of the petition? Shall a new census be districts entirely within and therefore the taken? Certainly this was not contemplato change of boundaries of the latter, conceded

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