The Nezperce herald. (Nezperce, Idaho) 1900-1957, 1912-05-09
FINDS HOLE In
The SCHOOL LAW.
Why Supreme Court Found Fer De-
isndant In IIo-YoIImer Sehool

case the supreme court found upo
the issues as follows:
"a petition signed by ]. ]. Woo,
and others, parents and guardians 0
children of school age. who wer,
residents of the proposed new schoo
district. was presented to the boars
of commissioners ofLewis county
praying a creation of a common
! school district out of territory within
! independent school district No. 2 Of
that county. The board granted the
petition and created Common School
District No. So within and out of a
part of district No. 2. and thereby
changed the boundaries of district
No. 2.
"From this order of the commits
sicners the people of district No. 2
appealed to the district court, where
the cause was tried and a judgment
affirming the action of the commits
sioners vas entered. From this the
appeal vas taken to this court"
1t is held by the supreme court
that there is but one question pre-
sented and that is whether the board
had power to grant the petition and |
create the school district out of the
'erritory previously organized into
IN independent district under the
avs of the state. /
The court rules that from various a
PROVISIONS of Law it is apparent that e
ne legislature intended to provide l
igher grades and more thorough in. b
truchon in independent districts q
han in general school districts.
Independent districts are required
, have not less than $50, 900 of q
lxable property" says the court,
while general school districts in or
er to be organized are not required N
} have any taxable property what
yer.
$50 We think it is conclusive that
ae legislature intended to provide
ow two different kinds Of school u
istricts might be organized by the -
ounty commissioners, one upon Pc =
tion and the other by a petition and =
Ote; and that general school dis y
net cannot be organized upon petit =
on alone out of an independent :
chool district. because that would "
estroy the force and effect of the 70
rovisions Of the statutes which pro- NJ
ide for the organization of an inde- -
endent district.
IF it requires the vote of those
thin a proposed independent dis =
let to create an independent dis
let and such district can be divided
: the boundaries changed upon pc a.
lion by the board of county com :,
issioners, then the vote of the peo- Avn
{ for the organization of an inde-
ndent school district would amount
nothing, as the commissioners U
uld change the same and destroy Dis Dis
BY petition alone. I've
at must be admitted that there is s sns
provision In article IS of the act IA ESd 4
1911 for changing the boundary D HSsl
es of an independent school dis sat- Sc
4, but that is no reason why this in re
Irt should read into that article of '' rs
statute provisions which apply SoSaaiI
= to general school districts in or s sSS'
to supply the lack of legislation 22 Sas
n this subject. cG Sn
The legislature can supply this S s.y .
ssion and make provision for n aHH'
neing the boundary lines of indie s ssit , ,
dent school districts, but this s g ~
# does not possess legislative s ZEE
'tions and cannot act as legis- Of the
re body" Dated