State ex rel. Dawson v. Johnson

Citations

• 92 Kan. 961
• 142 P. 246
• 1914 Kan. LEXIS 352

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>High School — Petition for Tax Levy Granted — Levy Made —• County Commissioners No Power to Rescind Levy. Under the provisions of chapter 263 of the Laws of 1911 a petition signed by 190 of the school electors of a county having a population of less than 1000 was presented to the county superintendent and board of county commissioners, asking that aid be voted to maintain a high school in the county. The county superintendent and the board decided to provide the aid petitioned for, and thereupon, at the same meeting, in August, 1912, the county board levied a tax sufficient to raise the amount necessary. At the October meeting of the county board a resolution was passed rescinding the levy. Held:</p> <p>(а) It was not necessary for the petition to state that the petitioners constituted a majority of the school electors of the county. The presumption obtains that the officers proceeded regularly and satisfied themselves that the petition was signed by a majority.</p> <p>(б) The power to.allow the petition does not rest alone with the commissioners. They act with the county superintendent in deciding whether to provide the aid petitioned for, and their action in this instance was a recognition of the school as one entitled to county aid.</p> <p>(c) When the superintendent and commissioners decide to provide the aid petitioned for, the county board has no discretion but must levy a tax sufficient to raise the amount required.</p> <p>(d) The subsequent action of the board of commissioners acting alone in rescinding the tax levy was without authority and void.</p> <p>(e) At the August meeting of the board, in 1913, the county superintendent having filed with the county treasurer and the board a certificate that a levy of one-half mill was necessary to aid the high school for the ensuing year, it became the duty of the board to make such levy.</p> <p>(/) The act of 1911 was intended to authorize the granting of aid to a school district or