The log cabin Democrat. [volume] (Conway, Ark.) 1901-1982, 1915-09-09
RENDERS OPINION
IN SCHOOL CASE
SPECIAL DISTRICTS STAND
JUDGE TRIMBLE OVERRULES
COUNTY COURT ON PETI-
TON OF E. A. DUNN.

beyond it's jurisdiction in reestablish-
ing school district No. SO out of ter
ritory of special districts No. 81 and
No. So, Judge Thomas C. Trimble has
rendered an opinion reversing the
lower court. No. 81 pickles Cap
and No. SO (Acklin Cap were organ
lied as special districts at an election
held in 1914, and practically all of
the territory of No. 96 was absorbed
by the two districts. After the pas
sage of the Condray act by the last
Legislature, permitting county courts
to make certain changes in the boun
diaries of special districts, E. A. Dunn
filed an ex parte petition in county
court asking for the reestablishment
of district No. SO on practically the
same lines as existed prior to the or
ganization of the special districts.
The petition was granted in county
court and an appeal was taken to cir
cult court, with the result as stated
above.
The question was taken under ad-
visement by Judge Trimble at the
recent session of circuit court and his
opinion was received here today. In
accordance with the courts special re-
Guest, it is published in full below:
"In the Faulkner Circuit Court.
"In the Matter of E. A. Dunn ct al,
Ex-Parte.
petition to change boundary lines
of certain school districts.
"On appeal from the County Court.
OPINION.
"There is no question but that spe-
cial districts, numbered 33, 81 and 63,
were regularly formed, under the act
of 1909, and were established before
the amendment of 1915.
"The formation of these districts
had the effect of abolishing common
school district No. SO, by taking prac-
tically all it's territory and by reduc-
ing it's number of eligible school chill
dren below that required of school
district.
District 96 was extinguished, re-
CARELESS of the fact that it was con-
tinued on the records, and was not
formally dissolved.
Having been abolished, 1t would
not be revived under the amendment
of 1915, and the county judge did not
have any authority to consider the pc
tition presented under that amend
ment.
but it is assumed that district
96 was still alive when the petition
under the amendment of 1915 was
presented, still, that amendment did
not give the county judge the power
that he attempted to exercise here.
"The amending act of 1915 sub
stantially re-enacts the act of 1909
with the additional enactment that
the boundary line of certain special
districts may be changed by the coun-
ty Judge, upon the petition of one
man.
"The only special district that this
is made applicable to are those form
ed under the act of 19O9-prlOr to its
're-enactment and amendment in 1918.
"If the amendment is to be given
the force contended for, the forma-
ton of the special districts by the
election, under the act of 1909, could
be nullifed by order of the county
Judge, but after such order another
election could be had, reforming the
special districts, and, as the amend
ment applies only to districts formed
prior to 1915, the county judge
could not again alter the boundaries.
"There seems to be no reason for
another election and no question but
that it would result in the reforma-
ton of these special districts-so that
the order of the county judge applied
here here would simply result in use
less expense and delay, without pow
err in him to continue its enforcement.
Moreover, it seems to be an absurd
construction of the amending act OF
1915 to hold that under the first sec
ton. re-enacting the act of 1909, spe-
cial districts may be formed by an
election, and under the latter section
the county judge can nullify the Ell
feet of the election by making an or
der on the petition of one man.
considering the amending act OF
1915, as a whole, and constituting 1t
to as to give effect to each section,
it must be held to give the county
Judge only the power to correct minor
Inequalities or to make such changes
in the boundaries that would not eff
feet the whole district, and that
would not be material enough to call
for an election.
"The petition here and the order of
the county judge on that petition
goes far beyond that, and far beyond
the power of the jurisdiction con-
ferred by the amendment.