The herald., 1897-06-29
A TRIFLE HARD
The Old Vernon District Loses Its
School House

At first glance it seems hard that tax
payers cannot have title to property for
the purchase of which they may have
literally contributed. And yet, under
certain circumstances, this apparent
right is denied them.
In illustration of this, the suit brought
by the Vernon school district against the
board of education of the city of Los
Angeles has resulted in the schoolhouse
and property of the Vernon district be-
ing wrested from them and handed over
to the city school authorities.
The action was brought to quiet title
to a tract Of school land now within the
city.
The plaintiff alleged that it was the
owner Of the tract of land, together
with the school buildings thereon, and
that the defendant claimed an interest
in the property adverse to plaintiff, but
that its claim was without validity and
void. The defendant, alleged that, un-
der the laws of the state of California,
and charter of the city of Los Angeles,
all property, real and personal, ac-
quired by the city for the use and benefit
of the public schools of the city, is own
ed by, and the fee and the right of pos
ocSSIoH - NtSteu Ill the DOdTQ OIL euucH-
tion in trust for the city; that the prop
erty described in plaintiffs complaint
was, prior to April I'd, 1896, acquired by
Vernon school district for school pur-
poses only; that about the I'd of April,
1896, the exterior boundaries of the dis
trict were changed, and portion segre-
gated and taken from the district and
new district formed, which was known
as the Vernon school district; that on
the I'd of April, 1896, certain described
portion of Vernon school district be-
came annexed to and part of the in
corporated city of Los Angeles; that all
of the real property, buildings ana
premises described in the complaint lie
within that portion of the district an
nexed to the city, and no part lies with
In the limit of the Vernon school dis
trict as now constituted; that the prop
erty described in plaintiffs complaint
has been since the I'd day of April 1896,
in the posse ssion of the board of educa-
tion of the city in trust for the use and
benefit of the public schools; that the
property is now and at all times mer-
toned in plaintiffs complaint has been
owned by the defendant and in the pos
session of the defendant.
Judge York. in his opinion upon the
case, says: The grant under which
plaintiff and defendant both claim wac
to F. H. Ellsworth, j. H. Brewer and S.
Mckinley, trustees of Vernon school dis
trict and their SUCCESSORS as trustees of
said district The legal title, therefore,
passed to said trustees in trust, nomi-
nally and proXimately for Vernon school
district, and the equitable title became
vested in said school district, but for GER
tain purposes. The school district was u
municipal corporation located in certain
territorial limits The political corpo-
ration consisted of the people living
within those limits. This territory could
be increased or diminished, and the peo-
Pile living within its changed bounda-
ries would ontinue to be the corpora
ton. The object of the incorporation
was TO maintain one or more public
schools for the dual benefit OF the per-
sons attending the schools and the gem
eral public in securing more intelligent
and better citizens.
"There is a seeming iniuetice in