Hemler v. Richland Parish School Board
Hemler v. Richland Parish School Board
Opinion of the Court
The plaintiff, in Ms capacity of taxpayer and voter of the Second wai;d of the parish of Richland, brings this suit to annul an election held in said ward by the school board of said parish to take the sense of the property taxpayers of the ward on the proposition of levying a special tax and issuing bonds for the purpose of erecting and equipping a high school building and purchasing a suitable tract of land for an agricultural farm, for the public school of the said ward.
The grounds of nullity relied on are: First, alleged irregularities in the proceedings for holding the election; secondly, that Act 256, p. 426, of 1910, under the provisions of which the said bonds are proposed to be issued, is unconstitutional in so far as it authorizes the issuance of bonds by a ward; and, thirdly, that no law authorizes the levying of a tax or the issuance of bonds for purchasing land for an agricultural farm for a school.
As we have concluded to sustain the latter grounds, it is unnecessary that we should consider the first.
It has been held that the public bodies, or political subdivisions, of the state can issue
We note, in passing, that the term “ward” is never used in our law to denote a school district; and that, moreover, it has a well-accepted meaning as denoting an entirely different kind of subdivision, as, for instance, a police jury, or justice of the peace, or municipal, ward. No one would understand that by Second ward of the parish of Rich-land was meant the second school district of that parish; but every one, until advised to the contrary, .would understand that what was meant was the second police jury ward, or, if not that, then, the second justice of the peace ward.
At first blush this argument appears to be strong, if not conclusive; but upon consideration it is found to be misleading, and to have the fatal defect of proving too much. For if authoritjr to teach the principles of agriculture carried with it authority to establish and operate an agricultural farm, by the same token the authority which is given in the said same act 306 of 1910 to teach “horticulture and home and farm economy” would carry with it authority to establish and operate a farm for instruction in horticulture and' a model home for instruction in home economy. Nay, zoology is taught in the high school, and therefore a zoo might be provided and maintained. The time may come when these extensions will be included in our public school system, but it has not yet arrived. Thus far, the “principles” which the said Act 306 of 1910 has reference to is not the practical part of those sciences, or those sciences applied, but only the theoretical part as contained in the school books. Such, at any rate, is the conclusion which must be adopted under a strict construction of said authority to tax “for giving additional support to public schools.” The public schools thus referred to must be understood to be the public schools as heretofore organized and operated, and not schools on the grand scale which would include agricultural and horticultural farms, model homes, zoos, etc.
It is therefore ordered, adjudged, .and decreed that the judgment herein be set aside, arid that there now be judgment ordering the injunction asked for herein to issue as prayed, and making the said injunction perpetual, and that defendant pay the costs of this suit.
Reference
- Full Case Name
- HEMLER v. RICHLAND PARISH SCHOOL BOARD
- Cited By
- 47 cases
- Status
- Published
- Syllabus
- (Syllabus by Editorial Staff.) 1. Schools and School Districts &wkey;lll— Taxpayers’ Actions — Burden of Proof. In a suit by a taxpayer to annul an election held in a ward by the school board of the parish on the question of levying a special tax and issuing bonds, defendant had the burden of showing that the territory of the ward had been made a school district, as might have been done under Act No. 214 of 1912, § 13, authorizing school boards to divide the parish into school districts and fix the limits of such districts, and the court could not presume that this had been done. 2. Schools and School Districts Under Const, art. 281, authorizing municipal corporations, parishes, school districts, etc., when authorized by a vote of the taxpayers to incur debts and issue bonds therefor, Act No. 256 of 1910, so far as it authorizes the issuance of bonds by wards, is unconstitutional, since while the term “district” is broad enough to include a ward in the sense that the limits of a school district may be as extensive as those of a ward, a police jury or justice of the peace or municipal ward is not a “school district” unless its territory has been made a school district. [Ed. Note. — Eor other definitions, see Words and Phrases, First and Second Series, School District.] 3. ScnooLS and School Districts The levy of a special tax by a school district for the purpose of providing an agricultural farm for a public school is not authorized by Const, art. 281, authorizing the issuance of bonds for the purpose of purchasing and constructing public parks and buildings, together with all necessary equipment and furnishing, bridges and other works of public improvement. 4. Schools and School Districts The levy of a special tax by a school district for the purpose of providing an agricultural farm is not authorized by Const, art. 232, authorizing the levy of a special tax for the purpose of giving additional support to public schools, though Act No. 306 of 1910 requires the principles of agriculture to be taught in the public schools, as the “principles” to which this act refers is not the practical part of such science, but its theoretical part as contained in school books, especially as any other construction would authorize the establishment and operation of a farm for instruction in horticulture, or a model home for instruction in home economy or a zoo for instruction in zoology.