The Evening statesman. [volume] (Walla Walla, Wash.) 1903-1910, 1906-06-11
DECIDES SCHOOL QUESTION
Status Of Districts Which Voted
10 Merge
PASSED ON BY ATTORNEY GENERAL
DIRECTORS HAVE RIGHT TO AP-
PEAL TO BOARD OF COUNTY
COMMISSIONERS.
PASSED ON BY ATTORNEY GENERAL

Falkner, in an opinion given the state
school superintendent, holds that
where a majority Of the voters Of two
or more school districts vote to con-
solidate, neither one of the districts
thus affected has any corporate ex-
istence. after the vote has ben can
vassed except in connection with an ap-
peal to the board of county commits
sioners, as provided by law, the time
for this appeal being limited to twenty
days, says a report from Olympia.
Text Of Opinion.
The question arose in a case from
Whatcom county, the attorney gener-
ais opinion being as follows:
We acknowledge receipt of the COM
munication addressed to you from the
superintendent of common schools of
Whatcom county Said communica-
ton reads as follows:
"SchooI district No As and school
district No. 4S were declared CONSOLE
dated by me May 26, 1906. 1t so hap
pens that though a very large major
ity of the patrons and voters of school
district No. 4S favor consolidation. two
members of the board are opposed to
it. Yesterday, June 4, the former
board of school district No. 4S met
and a majority voted to pay an at
torney out of the funds of said district
No. As to fight consolidation for them
in the name of district No As, l
would like to know from the attorney
general:
"F'irst-Is school district No. 4S still
in existence except in so far as it may
have liabilities? Has the board of di-
rectors of school district No. As a le-
gal existence? If so, can they trans
act any new business for the said
peal is probable within twenty days
after consolidation is affected change
the fact of consolidation? In other
words, when is a district CONSOLIDATE
ed-immediately after the county SUI
perintendent's decision to consolidate
the same, or after the twenty days for
appeal have elapsed, either without
appeal or confirmation of the aforesaid
decision by the county commission
ers?
"Second-Is the meeting of the
boards Of directors of the two dis
tricts which is provided for in section
Is of the school code compulsory or
rather mandatory? What is the re-
suit if they or part of them refuse
to meet? Does that render the con-
solidation void? Will the meeting be
valid and legal if but half of the
directors are present, the other half
having been notified and refusing to
come? Will the refusal or neglect
of any director to attend such meet
ing affect his position as director of
the new or consolidated district"
Course of Procedure.
This matter pertains to the same
concerning which we have
just written you. The procedure for
the consolidation of districts, as found
in section II of the code of public in
struction, is made by reference in said
section the same as that provided for
n change of territory to another
district. An examination of the pro-
,edure for the transfer of territory
rom one district to another provides
hat an appeal may be taken from
he action of the county superintend-
mt in the manner prescribed in Sec
ion of the code of public instruc-
ion, in which section the law pro-
tides in substance that any person or
school district affected by such order |
n refusal may appeal to the board |
If county commissioners of it's coun-
y and then provides the method of |
aking the appeal. We would infer !
rom this that a district would main
ain it's existence at least for the pur-
'ose of an appeal pending the appeal
nd disposition of the same by the
GARD of county commissioners.
We do not believe that the district
ould transact any other business than
hat incident to the appeal. We are
ather inclined to the opinion that the
Meeting of the obard of directors as
rovided in section Is of the school
ode, would follow the disposition of
he appeal. Pending the disposition of
ne appeal it would not be necessary
Or the boards of directors to meet
nd organize.
In case the consolidation is sustain
i by the commissioners it would then
ecome mandatory upon the board of
irectors to meet and organize. AS to