Los Angeles herald., 1909-08-11
VICTORY FOR AMER
ICANISM


become the educational metropolis.
Judge Bledsoes decision is that the
school bonds election at which s720, 900
of bonds we're voted for the improve
ment of common schools and high
school system of this city and county
was a good and valid election, that its
results are binding and THE BONDS
ARE GOOD. He says:
after very careful examination
and consideration of the facts adduced
in evidence and the authorities ap-
plicable thereto l am constrained to
hold that nothing has been shown
either as q matter OF fact or of law
sufficient to authorize me tc hold
either issue of bonds invalid"
Every friend of education will be
gratifed at the repulse of an attack
that seemed to menace the prosperity
of Los Angeles--for If word had gone
forth that 1t was impossible to find
educational facilities here and that
certain interests were powerful enough
to prevent the citizens from providing
said facilities, even when they had
expressed their willingness and dem
onstrated their ability to provide them
the effect on the reputation of
our metropolitan center would hardly
have been healthy. Nothing so quickly
affects the growth and prosperity of a
community as the creation and dis
semination of an impression it is not
a good place in which to bring UP and
train children. Therefore, the futile
but not the less malicious, blow aimed
at the school bonds issue was a direct
blow at the prosperity and the best
interests of Greater Los Angeles.
It is hoped new school accommoda-
tions will now be provided without
further interference or loss of time,
and that Los Angeles will be permitted
to show its ability to take good care
of all its population. young or old, in
the Los Angeles way.
In his admirably worded and clear
decision, which will be a memorable
document in the history of education
in Greater Los Angeles, Judge Bledsoe
reviewed the circumstances in detail,
and proceeded to ask and answer a
question, as follows;
"Under such circumstances ought a
private individual, in a collateral pro-
ceeding be permitted now to assert
that the original establishment or Or
ganization of such high school district
was not in conformity with law and
that in consequence the district does
not now have a legal existence?
"Under the authorities, clearly not;
and this because of the fact that
public corporation is a public agency
and it's existence can only be brought
into question by a suit at the behest
of the state"
Judge Bledsoe holds that there was
created by implication of law, under
of the Los Angeles school district, the
Los Angeles high school district, which
last named entity Is a corporation dis
tinct from the Los Angeles school dis
trict and authorized under the law, as
then and at present existing, to vote
and issue bonds for school purposes.
But if it should be considered that
such was not the case" he adds, land
that there was not in fact by i'm
plication of law a high school district
created, still, to my mind, under the
law as it then existed and under the
had and steps taken by
the board of education, I am con-
to hold that such a corporate
entity as is immune from attack at the
hands of a private suit in a collateral
was established, and that
there is now, acting under color of law
and not as a mere intruder or usurper
of a public franchise, a de facto cor
porate entity entitled the Los Angeles
High School district, whose boundaries
are co-extensive with those Of the Los
Angeles city school district.
For the reasons above given, de-
PENDANTS will take judgment in each
of the cases hereinabove entitled"
Some of the principal points in Judge
BIedsoe's mastery review are as
follows:
"All OF the objections urged in sup
port Of the invalidity and illegality of
the elections relate to the form Of bal
lots and manner of voting, and the
claim was made and insisted upon that
the general election law was not fol-
lowed. AS I observed in the opinion
ruling upon the demurrer in these
cases. it was patent that it was the
intention Of the Legislature that diff
ferent rule in regard to the conduct
of elections should prevail in school
elections from that in municipal and
state elections. and it suffces to say
in these cases that the law as ap-
plicable to elections in school districts
was complied with in every substantial
particular.
Under the circumstances, ought a
private individual, in a collateral pro-
ceeding, be permitted now to assert
that the original establishment or Or
ganization of such high school district
was not in conformity with the law
and that in consequence the district
does not now have a legal existence?
Under the authorities, clearly not;
and this because Of the fact that a
public corporation is a public agency,
and its existence can only be brought
into question by a suit at the behest
of the state.
"It has been held by all authorities
that this ruling of exemption from
attack by a private party applies only
to such corporations as are acting
under color of right or authority In
H.. r,-ordz +bat moro iutrudprS into
or usurpers of corporate franchises are