The Wichita daily eagle., 1894-02-11


yesterday in the case brought against the
board of education to enjoin the issuing OF
the $4,000 worth of school bonds The
upon the court. School warrants will ap-
preciate at once, and will bring good
price. Below we give the decision, as it is
of interest to the whole territory:
'The court after considering the bond
Injunction case, and after much iaborious
research, has concluded that the inJunc-
tion ia this case should be allowed to the
extent OF the difference of the excess over
and above the indebtedness authorized by
the federal statutes, limiting the amount
of Indebtedness of territories to per Cent
of ths taxable property of the county or
subdivision sought to be bonded. The
amount of taxable property seems to be
absut 81 900, ,0O0 Four percent on that
would be about SIC, 600 The existing in
debt-dness now-I will require the board
to furnish NE a report, showing exactly
what the existing indebtedness is-appears
to be about $29 900.
The proposition presented in the
petition, upon which tae temporary re-
strsining order was granted, alleges that
l25 female votes were cast, and that
females were placed Oh the election board
as judges of the election, and also that the
indebtedness sought to be incurred would
exceed the amount of 4 per cent, limited
by the federal statutes, referred to in this
case.
THE court did not take into considera
ton the points recited. except the 4 per
cent inhibition by the federal statute
Two questions were raised which the
court thought needed consideration under
that per cent inhibition: First whether
the federal statute meant that the whole
Of the debts, in the aggregate, including
ka Iixrici n,,l
municipalities, could exceed the amount
of per cent. If the court should decide
that each subdivision, for Instance: The
territory should issue 4 per cent, the
township per cent, the county 4 per cent
and the municipalities per Cent, the
question would then arise whether the
school district was q separate and distinct
entity from the municipal corporation of
Oklahoma City. Under the Kansas cases,
which have considered very fully. and
Dillon on municipal corporations, Beach
on public corporations l have determined
that these are separate and distinct enti-
ties. Then the question which arises Is
whether, being a separate entity II is
political corporation, then the court holds
that the school district can issue per
cent.
'The court is fully of the opinion that
school district is political corporation.
Ii is quasi corporation and the political
corporation includes the quasi corpora
tion in its general term. That would lead
Us to the conclusion, that the school dis
trict, being condition precedent Il po-
litical corporation, might issue per cent.
under the law. The school embraces
Oklahoma City and the ad jacent territory,
which Is attached, and may issue bonds
to the amount of per cent. of the taxa
BILE property, which is about $4,000, ex-
Guiding the existing Indebtedness, which
al Lola of ind. t.Hn NO
kind of indebted ness under the federal
statute. That would leave, L think, about
81, 900, which the district eau legally
Issue.
The next question arising after that
Is, whether the court can permit the Issue
of the bonds up to the limit of the law.
That have looked up, and am satisfied
that the court may authorizs the Issue of
bonds up TO the limit.
''Mr. Wilkerson asks if. since the vote
was In favor of Issuing $4,000, they can
issue bonds to any less amount.
II am satisfied that can be done. In the
p2 L. ;. the supreme court holds that very
thing. And might say III this connec-
tion, AS warning to the school board,
that more than ordinary consideration
and care must be used In expending the
money.
This is the only matter that has been
seriously considered and taken under seri-
Gus advisement by me. No expenditure
should be made unless absolutely neces-
sary. If there are any expenditures nee
essary it is the improvement Of cur public
schools, but | want to advise this board
that they must expend this money care
fully and legally. If | find any illegal ex-
penditures, or any such attempts, | shall
use the power of this court TO eDJoin 1t. |
shall not only listen TO others who COM
plain, but / shall look after it myself and
ascertain 10 what end the board uses this
money.
1T the gentlemen can agree on this
order as l have indicated, they may do so;
otherwise | will prepare 1t myself"
This means the immediate erection of
school buildings. aud settles many mooted
questions.