School District No. 74 v. Board of Com'rs

Citations

• 9 S.D. 291
• 68 N.W. 746
• 1896 S.D. LEXIS 157

Syllabus

<p>1. Laws 1893, pp. 112-115, provide that in counties organized for school purposes under the district system, each school district shall remain a district school corporation, and the boundary lines of any district shall not he altered except as therein provided; that township districts shall he divided, and also created out of districts smaller than civil townships as therein proscribed; that, after the boundary iines of the several school districts in a county are established, they may at any regular meeting be chang'ed by the county commissioners and the county superintendent of schools, on a petition by ten legal voters of the district or districts to bo affected, due notice being given to the school hoards of such districts; and that, whenever district boundaries shall be changed, the county commissioners and superintendent shall make an apportionment of property and indebtedness. Held, that the county commissioners and superintendent have authority to create new districts.</p> <p>2. In ease of the creation of a new district out of parts of several old districts, the petition need not bo signed by ten legal voters residing in each of the old districts, but it is sufficient if it is signed by ten legal voters residing in all the old districts affected.</p>