Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1898-02-11
SCHOOL HOUSE REMOVAL
ANSWERED BY DEPUTY ATTY GENERAL
Taxpayers Without Legal Complaint
The Opinion in Full.

State Superintendent of Public In
struction Park has had a perplexlng
proposition on his hands with refer
ence to the demolishlng Of school
house in one end of a district and an
attempt to erect a new one in another
part. He referred the matter to the
office of the attorney general, and to-
day Deputy Benner y. Smith replied as
follows:
Dear Sir:-Your favor of the End
inst. asking the following questions is
at hand
"The local voters of school district
on proper notification met in February
1897, and voted tax in conformity to
law, for the purpose of pulling down
school house n the south part or the
district ana erecting another IN us
stead; also, to purchase grounds m
the north part of the district ana Dulid
thereon school house.
In conformity with such ."rpose,
the trustees hnYe proceeded so far that
have demolished the school build
ing in the south part OF the district.
and have purchased site upon winch
to build Il new one in the north part
of the district. when there comes a
petition from two-thirds of the resi-
dent taxpayers that the trustees shall
to change the purpose of the tax as
expressed at the last meeting III fep-
ruary. 1897.
The question arises, can two-thirds
majority vote now taken of the legal
voters OF the district at meeting
legally held for that purpose, lawfuily
change the purpose and application or
the tax voted at the meeting atoresald'
in February, 1897 so far as such change
may be, possible. or at least TO erect
school building at the center OF tne
district instead of the others before
contemplated. with the money remain
in of the aforesaid tax? If such change
may he lawfully made, what would pe
the effect of a remonstrance TO such
change by one taxpayer or any mum,
Der less than a two-thirds majority
find upon examination of the Ike
yised statutes in reference TO the pow
ers and duties of trustees of puphc
schools which is substantially the same
as the laws of 1896 and 1897 on the same
subject, that one-fourth of the resident
taxpayers of a district may petition the
board to call a meeting of the qualineu
voters to vote upon the question OF the
selection, purchase, exchange or saie
of school house site, or the erection, re.
moval, purchase, exchange, or sale OF
q school house, etc. Upon TINS peti-
ton the board Is authorized to act ny
giving certain notice, stating the pur"
poses OF the meeting, anu at su'h hsNs
Ing a majority of the voters may select
a school house site. or If they be In IA
vor thereof, may, by their vote author
ize the board to locate. purchase, ex-
change or sell school house site, or
erect. remove. or sell a school house.
In order. however, to effectuate re,
moyal of n school house, two-thirdS
vote is required If 1t is necessary to
levy taxes to carry out the will of the
voters. provision Ia made for the same
in chapter 10. section 1871 ct. seq. of the
Revised Statutes. 1t appears from the
statements of fact made in your ques-
lions above, that after levying and col
Letting the taxes for the purpose OF
erecting a new school building in the
| south part of the district and the pur-
| chase of a site upon which to build a
new one in the north part of the dis
trict, two-thirds of the taxpayers are
| DESTROYS of abolishing the school sites
above mentioned and establishing a
school building at the center of the dis
| trict. The law seems to place the right
| in the qualified voters of a school dis
| trict to determine where a school house
shall be situated and to remove, ex-
| change or sell the same at their VIII
| and in carrying out this purpose they
may authorize the sale and exchange
| of existing school sites, although this
taxes were voted and levied for the pur-
| poses indicated in the meeting of Feb
| ruHGy, 1881, anu although tHty Hdu
| been fully expended in carrying out
| that purpose, vote of two-thirds of
| the resident taxpayers of the district
| could undoubtedly authorize the sale of
/ the school house sites as then existing,
and the location in n different place Of
| the school house for the district. 1t
seems clear that this right existing in
| the resident taxpayers after the ex-
] penditure of the tax, there could be no
| objection, upon proper action being
| taken. to the sale and exchange of sites
already located and the expenditure of
the remainder of the money for the pur-
pose of establishing and erecting a
school in n different place.
1t is my opinion that n meeting to
effectuate this should be called for the
purpose of removal of the school house
purpose of removal of the school
houses from the place row designated
and the erection of a school house at
the place where the voters may desig-
| nate, and III necessary the exchange
and sale of existing school house sites
and the purchase of new one. and If
!