HIGH SCHOOL ELECTION.

Notice is hereby given that on Saturday, the..... A. D.......an election will be held at....

....day of April, .for the purpose of

voting "for" or "against" the proposition to establish a township high school for the benefit of township number......, range number..

The polls for

said election will be opened at......and closed at......o'clock of said day.

Township Treasnrer. Provided, that when any city in this State, having a population of not less than one thousand and not over one hundred thousand inhab itants, lies within two or more townships, then that township in which a majority of the inhabitants of said city reside shall, together with said city, constitute a school township under this act for high school purposes: And, provided, further, that whenever any congressional township in any county under township organization shall contain two political towns, the dividing line between which is a navigable stream of water, as recognized by the United States, each of which shall contain a city of not less than one thousand nor more than one hundred thousand inhabitants, then and in that case each of the said towns shall constitute a high school township under this act for high school purposes: And, provided, further, that where two such political towns, each being a part of one congressional township, the dividing line between which is a navigable stream of water, as recognized by the War Department of the United States, shall have heretofore established a township high school, either of said political towns may file a petition signed by not less than one-tenth of the voters of such political town as shown by the vote of the last general election at any time with the township treasurer of such congressional township for an election to be held in such political town for the purpose of voting "for" or "against" discontinuing the township high school as to such political town. Within ten days after the filing of a petition as aforesaid, it shall be the duty of such township treasurer to post the notices for an election to be held according to the prayer of such petition. And if a majority of the votes cast at such election shall be for discontinuing the township high school as to such political town the same shall be discontiued as to such political town and such political town shall be relieved from further assessment of taxes for the maintenance of said township high school: Provided, that no such political town shall be relieved from payment of bonds and interest thereon which may have been issued for payment of school buildings. (As amended by an act approved April 29, 1905.)

1. The proper construction of the first provisio is, that so much of the city as is outside of the township in which a majority of the inhabitants of said city reside, shall be attached to that township and such township so enlarged, shall constitute a school township for high school purposes. Trustees of Schools v. The People, 61A-131; Trustees of Schools v. The People, 161-146.

2. Under the statute, where a city having a population of not fewer than 1,000 nor more than 100,000 inhabitants lies in two townships, that township in which a majority of the inhabitants of the city reside, together with the city, constitutes a school township for township high school purposes. People v. Bruennemer, 168-482.

3. When, by the provision of a special charter, a city is erected into a school township as well as a school district, there is no reason why the special provisions of the charter should prevent the operation of the general statute. Trustees of Schools v. The People, 61A-131.

4. The fact that a city has been created a special school district by an act of the Legislature, and maintains a high school, does not take the city out of the operation of section 38, article 3, of the general school law relating to the establishment of township high schools. People v. Bruennemer, 168–482.

5. The declaration by a city charter that the city shall constitute a school district does not take it out of the provision of the school law of 1889, that a city including territory which is a part of two townships, with the township in which the majority of its inhabitants reside, shall be a school township for high school purposes. Trustees of Schools v. The People, 161-146; Trustees of Schools v. The People, 61A-131, affirmed.

6. The petition required by the school law to be filed with the township treasurer for the establishment of a high school is properly filed with the treasurer of a township in which the majority of the inhabitants of a city lying in two townships reside. Ibid.

7. The petition required by law to be filed with the township treasurer to procure the establishment of a high school is simply a request, and need not be in any particular form, and is not insufficient when filed with the proper officer because addressed to him as treasurer of a township erroneously designated. Ibid.

8. It is proper to address the petition to the township treasurer and, upon such petition being duly presented, it is his duty to call the election. It is the duty of the trustees to conduct, canvass and declare the result of the election. Such petition will not be rendered invalid on account of misdescription. Trustees of Schools v. The People, 61A-131.

9. A proceeding by quo warranto to determine whether a township high school district has been legally organized involves a franchise, and an appeal from a decision therein lies directly to the Supreme Court. People v. Bruennemer, 168-482.

10. A proceeding by quo warranto to determine the legality of the organization of a township high school district is properly brought against the individuals who assume to exercise the corporate powers of the township high school board. Ibid.

11. In quo warranto proceedings the whole burden is upon the defendant to prove good title to the franchise involved and lawful authority for the exercise of the corporate powers assumed. The people are not required to show anything. Ibid.

12. An election to determine whether or not a township high school shall be established is properly held under the general school law, and not under the general election law of 1891 known as the Australian ballot act. People v. Cowden, 160-557.

13. The Australian ballot act was not intended to apply to an election to vote for or against the proposition to establish a township high school, nor a special election to vote on the proposition to issue bonds of the township for the purpose of constructing a high school building. If the law relating to such elections, as provided by the school law of 1889, is to be held repealed by the Australian ballot act, it must be by implication. Repeals by implication are not favored. A prior statute will be held as repealed by implication by a subsequent one, unless the provisions of the two are so inconsistent and and repugnant that they can not stand together. Rankin v. Cowden, 66A-137; People v. Cowden, 160-557.

14. The Australian ballot act is a general law, while the school law relating to township high school elections is special and relates to only one subject. The presumption that the legislature, by a general law, does not intend to affect the provisions of a prior act relating to a special subject, prevails, unless that intention is manifested in express language, or there is something which shows that the intention of the legislature was turned toward the special act with the intention of embracing the special cases within it. lbid

15. An election for or against the establishment of a township high school is a special election called by the township treasurer upon the petition of fifty legal voters of the township. The fact that such election is held at the same time and place as that at which trustees of schools are elected, does not when such election is held on the annual town meeting day, make it a part of the township election. It remains a special election, is conducted by the township trustees under the school law, and not under the Australian ballot act. People v. Brown, 189-619.

16. Women are not entitled to vote on a proposition for the establishment of a township high school. The Constitution does not authorize women to vote. The only electors therein provided for are men. It is only in cases where the Constitution contains no provision as to the mode in which an election shall be held and as to the qualifications of an elector thereat, that the Legislature can confer suffrage on women. People v. Welsh, 70A-641.

§ 39. The ballots for such election shall be received and canvassed as in other elections, and may have thereon the name of the person or persons whom the voter desires for trustee or trustees.

§ 40. If a majority of the votes at such election shall be found to be in favor of establishing a township high school, it shall be the duty of the trustees of the township to call a special election on any Saturday within sixty days from the time of the election establishing the township high school, for the purpose of electing a township board of education, to consist of five members, notice of which election shall be given for the same time and in the same manner as provided for in the election of township trustees. The members elected shall determine by lot, at their first meeting, the length of term each is to serve. Two of the members shall serve for one year each, two for two years, and one for three years from the second Saturday of April next preceding their election. Whenever a vacancy occurs (except by death or resignation), a successor or successors shall be elected, each of whom shall serve for three years, which subsequent election shall be held on the same day and in the same manner as the election of township trustees. In case of vacancy from other cause than the expiration of the term of office, the board shall call an election without delay, which election may be held on any Saturday, notice of which shall be given for the same time and in the same manner as for the election of township trustees. Within ten days after their election the members of the township board of education shall meet and organize by electing one of their number president, and by electing a secretary. It shall be the duty of the township board of education to establish at some central point most convenient to a majority of the pupils of the township, a high school for the education of the more advanced pupils.

1. The school law, although consisting of different articles and sections, must be construed as one entire act. Greenwood v. Gmelich, 175–526.

2. A township board of education, created by section 40, article 3, has no power to purchase a high school site, or erect a high school building, or levy a tax to raise money for these purposes without a vote of the people. The power of the township board in this regard is assimilated in all respects to the power conferred by the statute upon the board of directors of a school district; and the power can only be exercised upon the same conditions and subject to the same restrictions as are imposed upon such directors. Ibid; Ziesing v. Matthieson, 79A-560.

3. By the terms of section 40 it is made the duty of the township board of education to establish a high school and to establish it at some central point

most convenient to a majority of the pupils. But this is a duty imposed upon it without specification as to the manner in which the duty is to be performed. Section 41 is designed to indicate how that duty shall be discharged. The fact, that the board of education is authorized to establish the school at some convenient central point, does not necessarily authorize it to buy a particular site for such amount as it may, in its judgment, choose to expend; nor does it authorize it to erect a school building at such a cost as, in its judgment, seems proper. The voters must be consulted in relation to this matter, and it cannot and should not be left solely to the discretion of the township board of education. Ibid.

4. The object of the Legislature was simply to increase the facilities for acquiring a good education in free schools. A high school thus established cannot be controlled for the benefit of some to the exclusion of others. All children in the township, within the prescribed ages for admission to the public schools, have equal rights of admission to the high school when they are sufficiently advanced to need its instruction. Every tax payer contributes to its maintenance, and there should be no arbitrary regulation to prohibit the enjoyment of its benefits, in equal degree by all. It should be understood that its purpose is the teaching of more advanced branches than those taught in the district school. To insist that the same studies should be pursued there as in the district school, would be to defeat the purpose of its creation. Trustees of Schools v. The People, 87–303.

5. Under the power to prescribe the necessary rules and regulations for the management and government of the school, the board may, undoubtedly, require classification of the pupils with respect to the branches of study they are respectively pursuing, and with respect to proficiency or degree of advancement in the same branches; that there shall be prompt attendance, diligence in study, and proper deportment. All regulations or rules to these ends are for the benefit of all, and promotive of the interests of all. lbid.

6. No attempt has hitherto been made in this State to deny, by law, all control by the parent over the education of his child. On the contrary, the policy of the law has ever been to recognize the right of the parent to determine to what extent his child shall be educated during minority. The policy of the school law is only to withdraw from the parent the right to select the branches to be studied by the child, to the extent that the exercise of that right would interfere with the system of instruction prescribed for the school, and its efficiency in imparting education to all entitled to share in its benefits. Ibid.

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7. No particular branch of study is compulsory upon those who attend school, but schools are simply provided by the public in which prescribed branches are taught, which are free to all within the district between certain ages. *Conceding that all the branches of study decided to be taught in the school shall not necessarily be pursued by every pupil, it cannot in anywise prejudice the school, if one branch rather than another be omitted from the course of study of a particular pupil. Ibid.

8. This section provides that where the legal voters of the township have decided in favor of the proposition at an election held for that purpose, a high school shall be established in the township for the education of the more advanced pupils. A school of this character is certainly a free school, within the meaning of the Constitution. Free schools may be graded and classified, as the spirit of the Constitution contemplates the creation of a thorough and efficient system of free schools. That one school may be denominated a high school, and another in the township a district school, cannot affect the question in the least. Richards v. Raymond, 92-612.

9. No definition of a common school is given or specified in the Constitution, nor does that instrument declare what course of studies shall constitute a common school education. The phrase a common school education is one not easily defined. One might say that a student instructed in reading, writing, geography, grammar and arithmetic had received a common school education, while another who had more enlarged notions on the subject might insist

that history, natural philosophy and algebra should be included. It would be almost impossible to find two persons who would in all respects agree in regard to what constituted a common school education. Ibid.

10. At the time of the adoption of the Constitution there was a wide difference of opinion in different parts of the State as to what constitutes a common school education. A constitution which would have impaired, in any degree, the free high school system in existence would not have received the approval of the voters of the State. While the Constitution has not defined what a good common school education is, and has failed to prescribe a limit, it is no part of the duty of the courts to declare by judicial construction, what particular branches of study shall constitute a common school education. This is a proper question for the determination of the Legislature. Ibid.

§ 41. For the purpose of building school houses, supporting the school and paying other necessary expenses, the territory for the benefit of which a high school is established under any of the provisions of this act, shall be regarded as a school district, and the board of education thereof shall have the power and discharge the duties of directors of schools for such district in all respects. (As amended by act approved May 11, 1901.)

1. The language of this section which gives to the board of education the power and enjoins upon it the duties of directors of schools for such districts in all respects means that, as to such school, it shall have precisely the same powers and exercise the same duties that district directors have and exercise with respect to district schools. Fisher v. The People, 84-491; Trustees of Schools v. The People, 87-303; Richards v. Raymond, 92-612.

2. The unauthorized purchase by a township board of education of the site for a high school is ratified where the electors vote, at an election called for that purpose, to build a school house on the site so purchased, and to issue bonds for that purpose. Board of Education v. Carolan, 182-119; Carolan v. Board of Education, 81A-359, reversed.

3. That members of the board of education were not notified of the meeting at which an election was called to vote on a proposition to build a school house and issue bonds in payment of it, does not invalidate the election, where the meeting was a stated one, provided for by a regular order. Ibid. 4. But one polling place need be fixed in a high school district for an election to determine whether a new school building shall be constructed and bonds issued in payment. Ibid.

5. The notices of an election to determine whether a high school building shall be erected and bonds issued therefor, are not invalid because two of the members of the board sign as president and secretary respectively, instead of as individual directors. Ibid.

6. By section 41, the township board of education is given the same power, which is conferred upon the directors of a school district, and is required to discharge the same duties, which the directors of a school district are required to discharge, so far as relates to the building of a school house, supporting the school, and paying other necessary expenses. The power and the duties of the township board of education, being the same as those of the directors of the school district, must necessarily be subject to the same restrictions. Greenwood v. Gmelich, 175–526.

§ 42. Two or more adjoining townships, or two or more adjoining school districts, whether in the same or different townships, may, upon like petition as required for township high schools, signed by at least fifty (50) legal voters in each of said townships or school districts and where any such school district contains less than 150 voters, then such petition shall be signed by at least one-third of the legal voters of such district-and upon an affirmative vote in each of