State ex rel. Power v. Power

Citations

• 5 S.D. 627
• 59 N.W. 1090
• 1894 S.D. LEXIS 103

Syllabus

<p>1. When a city incorporated, under a special charter becomes “organized under the g'eneral act providing for the incorporation of cities,” by a majority vote of its electors, it is thereafter governed by the provisions of the general school law of 1891, and any special act providing for a board of education in such city thereafter ceases to be in force in such city.</p> <p>2. The provisions of the general school law of 1891 are in force (1) in all cities then organized under general laws at the date of the passage of said general school law; (2) in all cities thereafter incorporated or organized by a majority vote of their electors under the general law for the incorporation of cities; and (3) in all towns, villages, and cities incorporated under special charters, that, by a majority vote of electors, adopt the general school law.</p> <p>3. The proviso to section 1, sube. 9, c. 56, Laws 1891, only applies when a city, town, or village incorporated under a special charter, and having a school board organized under a special act, does not choose to incorporate under the general law for the incorporation of cities but does desire to adopt the provisions of the general school law. In such case the general school law can only be adopted by a majority .vote of the electors of such city, town, or village.</p> <p>4. The effect of the repealing provisions of section 11, sube. 10, of the general school law, which provides for the repeal of all acts, “except special acts relating to schools in cities, towns or villages, and also independent school districts created by special acts,” is to continue such special acts in force until such cities, towns, or villages, in some method provided in the act, adopt the general school law, but does not continue in force a special act organizing a school board in a city which has, since the passage of the general school law, become organized under the general act for the incorporation of cities.</p> <p>5. The city of D. was incorporated