People ex rel. Pixley v. Lodi High School District

Citations

• 124 Cal. 694
• 57 P. 660
• 1899 Cal. LEXIS 1050

Syllabus

<p>High School Districts—Constitutional Law—Delegation of Power of Taxation—Advisory Estimate of Superintendent.— Section 1670 of the Political Code, as amended in 1895, providing for the organization of high schools in cities, towns, and school districts having a population of one thousand inhabitants or more, is not unconstitutional as delegating legislative power of taxation to the county superintendent. His estimate made to the board of supervisors is only advisory, and that board is authorized in its discretion to determine the amount of taxation and to levy a tax sufficient to maintain the high school for the current year, or to erect the necessary buildings, as the case may be.</p> <p>Id.—Power of Legislature—Special Tax—Submission to Vote.—The legislature may by general law authorize a tax for a special purpose, without submitting the proposition to a vote of the people; and when the people have voted to organize a high school district under a law which gives the supervisors power to levy a special tax to support the school, it is not necessary that the tax should he submitted to a vote of the people.</p> <p>Id.—Special Legislation—General Law — Classification.— Section 1671 of the Political Code, as amended in 1895, is not special legislation, but is general in its operation and purpose, and is based upon a reasonable classification of high schools, and gives to all inhabitants of the state similarly situated equal opportunity to avail themselves of the benefits of such schools.</p> <p>Id.—Special Power of Taxation—Authority of Legislature —The law is not special merely because it vests in the hoard of supervisors power to levy a tax for high schools which the general laws of the state do not give to the board, nor because it gives to the high school board initiatory powers with respect to taxation not possessed in other school districts. The legislature may constitute high schools, and provide for their support by methods different from those adopted for l