School District No. 76 v. Ryker

Citations

• 64 Kan. 612
• 68 P. 34
• 1902 Kan. LEXIS 253

Syllabus

<p>SYLLABUS BY THIS COURT.</p> <p>1. Schools and School Districts — Special Act Upheld. Where territory was for several years known and designated by county officers and the public generally as school district No. 24, and so described on the tax-rolls, an act of the legislature attaching an other district to it, in which it was designated as district No. 24, will not be declared void for uncertainty, although a large part of district No. 24 was at the time within the limits of a city of the second class, and its affairs administered and controlled by the ’ board of education of such city.</p> <p>;2. - Tax Levy in Cities — Approval by Oity Council. The power conferred on a city council by section 6313 of the General Statutes of 1901, to approve the annual tax levies made by the board of education of a city of the second class, is not to be construed as a grant of authority to be exercised on behalf of the city. Councilmen when considering such levies act as ex officio members of the board of education, and are not engaged in the performance of municipal functions.</p>