Peth v. Martin

Citations

• 31 Wash. 1
• 71 P. 549
• 1903 Wash. LEXIS 575

Syllabus

<p>SCHOOL DISTRICTS-PETITION FOE UNION — TIMELINESS OF ACTION ON.</p> <p>Where a petition for the union of two school districts was not acted upon hy the hoard of directors of one of the districts until more than a year after its presentation to them, and in the meantime the hoard had submitted to vote another petition for a union of districts, including the two in the original petition with others, which was submitted to a vote of the district and rejected, the board would be without power to submit the original petition, since it must be deemed as waived by failure to act upon it within a reasonable time, and by the act of submitting a later petition to popular vote.</p> <p>SAME-NOTICE OF ELECTION —■ SUFFICIENCY.</p> <p>A notice of election to determine the question of a union of school districts, which fixes the opening of th'e polls at 4 o’clock, p. m., and fails to designate the hour of closing, is illegal, under the mandatory provisions of Bal. Code, § 2420, which provides that such notices shall designate the “hours between which the polls are to be kept open,” and that, “unless otherwise designated in the notice of election, the polls shall be open at 1 o’clock in the afternoon, and close at 4 o’clock in the afternoon; but the board of directors may determine on an hour before 1 o’clock, but not earlier than 9 o’clock in the forenoon, for opening the polls, and for closing an hour after 4 o’clock, hut not later than 8 o’clock in the afternoon.”</p>