The Andrew County Republican. [volume] (Savannah, Mo.) 1871-1876, 1874-08-21

The statute expressly eXempts from sale all
Court-houses, JiIls, clerks offices, ami Other
public buildings, and The lots and -rounl o.,
which they stand, when owned by the county in
which they are situated on any muarcipdi e0r0o-
ration therein, NC. / w. ). GD4. sec. 10.
What Is o minIcip pal corporation? Municipal
law is publicl1y; municipal af lirs are publ:
Affairs, and municipal purposes are public pur-
poses, ~ ContEIli distinguished from private pur-
poses. Bonv. Die. The word ''minicIpal,''
when applied To corporations technically relate.
to cities towns and Villages, but in Il broader ami
more general Specification At relates TO the State
or Nation; Therefore, n corporation for NUM-
cipal purposes is either i municipality, such As
a city or town created expressly for local SELF
government, with delegated legislative powers:
or it may be II subdivision OF the State for gov
erTnrntal purposes, such as u county, u school
or ROAD district, sometimes called qucSi corpora
tons. - Mo. 500; u No. As; IL No. 1SJ, 2gj; t.
Aha. sos. While municipal corporations are for
municipal purposes, there are other corporations
for municipal purposes, which are not strictly
and technically municipal corporations, and
this latter are school districts no, although 4
corporation for municTal purposes and Il mani-
cipal corporation are said to he the same thing.
Dill. Nun. Cor. oh .2-9; Angel u Ames s. IA, 10.
All municipal corporations are public bodies;
but all public corporations are not municipal
corporations. thus an Incorporated schO0t
corporation; bur the school district or county,
properly speaking, Is not, while the city Is, b
municipal corporation. Dill Mum. Corp. Sl0.:
1t is a phrt OF the political pOliiy of the STATE
iD Ifiittlsitil ~ NSltIh va Itbiib ltt EtuOfl tt
the public expense, and to e~fectuate this policy,
township boards of education in the country
and .'bOarbs Of education in cities, towns anil
villages have been established and created bodies
neutrality-suspicious., with special local
powers, duties and functions, defined by law.
for convenience and to carry out the purposes Of
the State in maintaining its.puhllc school sys-
TEN. They may purchase and hold title To
school-houses for the Use of public schools; levy
taxes 10 build schOOl-houses; issue bonds Tor
that purpose, and the County Court may levy
taxes on the district TO pay such bonds, may; sell
any school-house and invest the proceeds in an
other, and may sue and be sued, Nc, &c. 2N
). l26j, secs. \, il LIZ.
The board of education is, IN effect, the 'schoo!
distrIct-tnc corporation. In this respect II Is
very similar to q county; which l. also q p0-
litical subdivision of the State, II quasi corpora
ton, necessary to carry out the purposes OF the
State government. and both are in some respects
similar to q city ortown, which, though general
~ recognized rs "a Miniature government having
legislative, executive and judicial powers indie
pendent of the State, is nevertheless u %conSiitu-
ent part of the State and subject to its control.
except in its local affairs. Whether Il board Of
education, rs a quasi corporation, Is within the
letter of the statutes excmptIng public buildings
when owned by the county or a municipal Cor
poratIon from execution or not, it Is certainly
within the spirit or policy of the exemption law.
What is the purpose of holding public build
ings, when owned by the county or city, exempt
from sale? Can any reason be given that does
not apply with equal force to Il school building
Ii it Is said that the Indebtedness Of 4 county Or
clfy may be paul Dy tne assessment OF aNts, OF
payment thereof compelled by mandaInu-,
and therefore there is no necessity for such a sale
the same may be said of = school district. Or.
if it be claimed that it is against public policy To
expose public building to sale for any reasons
that might be mentioned, wOnid not the same
considerations apply with greater force 10 a pub
lie school builling? The term municipal corpO-
ration would better subserye the ends of Justice
by giving il the broader and more liberal medu-
ing Of a public corporation, than To cOrtinc u to
it, technical meaning, which would include cities,
towns and villages only.
II has been twice soleInnly held by the Su-
prcIne Court of this State, that "a mechanic )
lien will not lie against public brIdgcs-In on
case a bridge built by a railroad company on the
line of its road, - No. 49,, and the other by an
Incorporated bridge company on the public
highway. - Mo. 46j. Notwithstanding, the
the terms Orthc statutes are broad enough 10 IN
cludr such structures. and there l. No exemption
at bridges from sale ON execution ~ another
sta,ite because such bridges are public enter
pri-cs%nirrprises in which the public have an ~
frrr,t. and the sale Df which uOuli De a<lul>t
tn. public interest, a. would the sale Of public
buildings IHlpnginC to the STAT. Upon The
SINE principle III wnnld b. against the publtr
p,lirv to subject a public school building 70 sale
on an execution. and it must be- supposed that 81
WAS not the intention of the Legislature to s'!lirE
the public interests to he haZIIdeti in that WAY.
when it has provided ample means for the pay
ment Of the costs of such buildings by taxation.
".
Judgment Tor the Board of Education. hut
against The contractors for The amount due.