Abilene weekly reflector. [volume] (Abilene, Kan.) 1888-1935, 1906-05-31
SCHOOL, RONDs vOID.
Court holds Proceedings Were Not

Dg ~ JuuRe npure nVluiuB sns ~ ~
election held 10 February for the Pur
pose Of voting upon the question Q
Issuing sSb 600 I'd bonds to build
new high school building and . new
ward school building was illsgAl and
enjOiniDg the board Of education from
iasuing the bonds under said election
The court in Its opinion finds that
the preliminary steps relative to the
issuing Of said bonds, were taken at
especial meetings" Of the board Of
education, and the records do not
show that the especial meetingso
were legally called. rhe bylaws vol
the board Of education provide that:
Especial meetings may be called at
any time BY the president at bic own
instance or at the written request Of
three members OF the board and the
clerk shall serve the notice OF such
especial meeting" on each member OF
the board either personally or BY
mail. A copy Of the cali and the GER
tifsate OF service shall be entered on
the minutes Of such especial meet
ings." The record Of the especial
meetings" fails to show any evidence
Of any service Of notice Of these
Especial meetings" as required BY the
above bylaw.
The court further finds that the en-
tire proceedings OF the board OF
education relating to the issuing
OF said bonds and the election
proclamation by the mayor attempt
to provide for the Issuing Of said
bonds by the board Of education Of
school district number Eve when % a
matter OF fact there is not now and
has not been since the city Of Abilene
became city Of the second class any
such school district as "School Dis
trict Number Rive," but the corporate
name Of the district under which it
must act and under which It rmutt
hold it's elections and make ell its
contracts including the issuing Of its
bonds lie Tho Board Of Education Of,
the City Of Abilene, Of the State Of
Kansas." ~T
The court in cumming up his con-
OlusiOn says:
First. The records Of the pressed,
inge Of .'ThS Board Of Education otI
the City OF Abilene, Of tho State oil
Kansas" fail 70 show that the "spSOIsla
msstingS," i which inPortAns a1d1
es'sptisl actiOn MaS taken relative ,s Y
she Issuing Of the bonds in question,
were legally called, or shat any legal
notice IL SEch especial meeting" ives
served BY tho CLERK * .siti board upon
each member Of said board, Is ro-
qaired BY law, and As the record
afirmstively shows shat oil the mem
bers of said board we're mot present ct
such especial meetings" Of ths board. |
such especial meetings" Of the board |
were irregular and illegal.
Second. That there 10 no suCh corr
porAtion in existence, covering the |
territory Of the city q Abilene. %
1.-THE Board Of Education Of School
District number FIVE o." and that In.
aSmuch as the resolution Of '"The
Board Of Education Of the City Of abb
lens, Of the state Of Kansas, " spread
upon the records Of its proceedings,
say6 that the aboard Of EducatiOu Of
School District Nambsr Five" re-
quests the mayor 81 the city Of Abb 4
lsne to call special election for the
purpose Of submitting to the voters Of
said distriCt proposition to issue
bonds Of said district, and inaSmuCh
as the election proclamation issued by
the mayor Of said city gives public
notice "that on Thuraday, the 8lh
day of February, 1906. there will be
held in the city Of Abilene, and ia the
Esrritory attached thereto for school
purposes, special election iOE the
purpose Of voting on proposition for
''Ths Board Of Education Of SCHOOL,
District Number Five to issue bonds
In- The sum Of Thirty.nve Thousand
Dollars (eS6, oO0," and inASmuch as
The namS Of the corporation, known
ls THE Beard Of Bducstion Of the
,lty Of Abilene. Of the State Of Kan
'as," iS nowhere mentioned In any
II the proceedings Of the board, which
pertain TO the issuing Of the bonds in
ldsStion, nor 10 tbs "EI6ctioh Proc :
,lsmsslonn by the msyor, callingi
or the slsction % vote upon the
,onds, no legal bonds could be
ssusd By "The Board Of Bduos-
I