Board of Education v. Klein

Citations

• 79 Kan. 209
• 99 P. 222
• 1908 Kan. LEXIS 211

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. County High Schools—Elections—Votes Required. Before the provisions of chapter 397 of the Laws of 1905, providing for establishing county high schools, can be legally adopted the proposition when submitted at a general election must receive a majority of all the votes cast upon any question or office voted for at such election.</p> <p>2. -Elections—Proposition Not Legally Adopted—Powers of Canvassing Board. A proposition to adopt the provisions of the high-school law of 1905 was submitted to the voters of Allen county at the general election held November 6, 1906. There were 4558 votes cast at the election. On the proposition of adopting the high-school act 1821 persons voted in favor of it, 1205 voted against it, and 1532 voting at the election failed to vote on the proposition. The board of county commissioners met as a canvassing board and declared the result. Afterward, assuming that the proposition carried, the board levied a tax for high-school purposes for the year 1907, which was used in the maintenance of a high school under the provisions of the act. In 1908 the board refused to make any levy for this purpose. Held, that the proposition failed to carry, and that no order which the board could have made could affect the legal result of the‘election as shown by the returns.</p> <p>3. - Tax Levy—Mandamus—Estoppel. The fact that the board of county commissioners acted upon a misapprehension of the legal effect of the returns and levied a high-school tax for 1907 will not estop the board, in an action brought to compel them to levy a similar tax for the year 1908, from claiming that the proposition was never legally adopted.</p>