(DOWNLOAD) "Glacier County v. Halvorson Mercantile Co." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: Glacier County v. Halvorson Mercantile Co.
- Author : Supreme Court of Montana
- Release Date : January 02, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
1. Schools and School Districts — Legislative power. The Legislature may provide for the choosing of members of the board of trustees of a school district as it sees fit, unless the Constitution otherwise provides. 2. Schools and School Districts — High schools part of public school system — Trustees — Election. High schools constitute a part of the public school system and are administered by the trustees of the school district in which they are situated. There is no Constitutional provision prescribing the manner of electing trustees. The entire matter is regulated by statute. 3. Constitutional Law — Statute not unconstitutional. The statute designating boards of trustees of any school districts maintaining district high schools as the boards of trustees of the respective high school districts established under the statute is not unconstitutional as depriving electors of high school building district residing outside the district in which high school is located of their property without due process of law. Page 205 4. Statutes — Statute not a special law. The act relating to construction, repair, improvement and equipment of high school buildings is general in its application and the classification made by it is reasonable in the light of the purposes of the act and is not a special law contrary to Constitution. 5. Elections — Enforcement of election laws — mandatory and directory. All provisions of election laws are mandatory if enforcement is sought before election in a direct proceeding, but after election, all provisions should be held directory only in support of the results, unless of a character to obstruct the free and intelligent casting of the votes or the ascertainment of the results, or unless the provisions affect an essential element of election or the statute expressly declares that the particular act is essential to validity of election or that its omission shall render election void. 6. Schools and School Districts — Election invalid and issuance and sale of bonds properly enjoined here. Election at which question of issuing bonds for construction of a new high school building was submitted to electors without at the same time submitting question of the site of such building, as required by statute, was without sanction of law and hence invalid and subject to attack by action to enjoin issuance and sale of bonds, instituted before any election had been held as to site of building.