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Show State mm No Strongs NO. 10215 IN THE SUPREME COURT OF THE STATE OF UTAH ... 00O00 S. G. Ricker, et al. , Plaintiffs and Respondents, vs. The Board of Education of Millard County School District, Defendant and Appellant, CROCKETT. Justice: Plaintiffs as taxpayers sued to prevent the Board of Education of Millard County School District from going forward wi'.h a planned school-building program, particularly particular-ly from proceeding with a new junior and senior high school at Delta projected to c o 9 1 about $1,786,000. Acting pursuant to Section 53-10' 7, U.C.A. 1953, (1) the defendant Board published in two local news papers notice of a school bond e-lection e-lection and a copy of the official ballot. It also had printed an ex planatory brochure concerning the election and its purpose. Copies were distributed to the public and parts of it were published in the newspapers "in conjunction with," but not as a part of, the statutory notice. The explanation included the purpose of the bonding pro gram, the amount of money to be raised and the effect on the tax levy. It indicated generally that the funds would be spent under two main categories: high schools and elementary schools; that the main Item in high schools would be a new combined junior and senior high school at Delta at a cost of about $1,250,000; that about $75,000 would be spent in building a new farm shop at the Millard High School at Fillmore; and at the latter school about $80,000 would be spent on a remodeling project. It also mentioned several proposals under consideration for construction and remodeling of grade schools in the district, for which no cost estimates were gl ven. "SERVING Volume 55 Number 20 n -By INEZ RIDING Are you a disappointed pheasant hunter? If so, write to your Congressman Con-gressman andor Senator. I found out Saturday that "THE GOVERNMENT" GOVERN-MENT" (and especially the Fish and Game Dept.) was the cause of the small pheasant crop this year. In my naive way, I had thought that the late spring of Millard County was the major contributing factor to the small pheasant crop. Not so. IT'S THE GOVERNMENT. Darn it, I'm always coming up with the wrong answers. Anyway, write to your Congressman or Senator. Let's get them right on this thing. Let's insist they d'rect that mean ol' government to do something about the pheasant crop for another an-other year. In oil seriousness, I thought that I had heard everything blamed on the GOVERNMENT that could pos- Solo Flight ... PENSACOLA. FLA. (FHTNC) Mar'ne Aviation Cadet RusU M. Black, son of Mr. and Mrs. J. Dm Black of Deseret recently flew his first solo flight in the "Mentor" "Men-tor" trainer aircraft at the Naval Air Station. Pensacola, Flo. During the primary flight training, train-ing, he is receiving academic training in communications, navigation, na-vigation, engineering, athletics, aerology and civil a'r regulations. Upon completion of this instruction in-struction he will advance io another an-other stage of aviation training. in' ' l . .; .i ii in u." mmm r .. f Attached The bond election carried, and the Board then proceeded to get a definite estimate from an architect as to the cost of the junior-senior high school at Delta. As is not un common in regard to building costs, part cularly in recent years, it was found that the preliminary estimate esti-mate of $1,250,000 for "hat project was too low; that its actual cost would be between $1,645,000 and $1,786,000. This increase is the main cause of the instant difficulty. Based on the 1964 assessed valuation, valua-tion, the maximum amount of bonds that could be issued is $1,-935,000. $1,-935,000. Consequently, if the Board proceeds with its expressed intention inten-tion to construct the junior-senior high school at Delta and carries out the project of building the farm shop and remodeling program at the Millard High School at Fillmore, Fill-more, only a comparatively small amount of money will be left for elementary school needs mentioned in the brochure. Plaintiffs contend that the defendant defen-dant Board should not be allowed to use substantially all of the money mo-ney for the high-school projects, but should allocate a proper portion por-tion to the elementary school needs as was represented in the brochure. They insist that to do otherwise is a violation of the condition con-dition upon which the public voted for the bonds and a breach of faith by defendants in the performance of their duties. To support this position posi-tion and emphasize the improvidence improvi-dence of carrying out the school Board's proposal, they point out that the present bond issue will exhaust all sources for extra school funds for about 10 years. The defendant Board argues that .t is bound only by the general commitment to use the funds for school purposes stated in the statutory statu-tory notice and not by the statements state-ments in the explanatory brochure; that in any event, the cost figures mentioned in the latter document were and could only be at that stage tentative estimates; and that in order to properly discharge its Y7 THE PEOPLE OF DELTA AND THE GREAT PAHVANT VAbLEY" Thursday, November 12, 1964 Delta, Utah 84624 10c copy $4.00 a year in advance 7i own tHaivnoe sibly be placed there until I heard that one. (Tis the truth I'm telliug. this isn't a Tall Tale.) I'm very proud of West Millard residents. S'nce the news story broke on the Utah Supreme Court decision on the school Issue I have only heard expressions of happiness that the whole thing is settled, we hope once and for all. I suggest thai the school board come up with a new name for the school rather than Delta Jr. and Sr. High School. We need to recognize recog-nize in the name, or so it seems to me. that it is for all of West Millard. When it is constructed, it will truly be a memorial to all the many, many hours of work and energy spent before and after the bond e'ecion. I hope that "Memorial" "Mem-orial" will be included in the name, such as "West Millard Memorial" How about that? 1 received two letters just before the election, I must recognize these. One came from Bonnie Johnson of Los Angeles and the other from Mrs. Duane Terry of Las Vegas. Both urged me to vote for Gold-water. Gold-water. I appreciated receiving both. Another le'.ter came over the weekend from a couple who had moved to Las Vegas from this area within the last year or two because of lack of employment. They. express ex-press a great desire to return to this area and will probably do so if the yarn m il is constructed here. I checked this with Dr. Lyman, Pres. of the Board of Directors of MCIDA, and he advised me to let the couple know or others who wish to- return to keep in close contact with the industrial ass'n. Letters can be addressed to Bill Bishop Albert Nickle. Dick Moody Ward Killpack. Howard Nielson, Dr. M. A. Lyman. Max Robison or if you prefer, write to me. 111 get your letter to one of them, you may be sure. When news was received last week that the Delta FAA Station had been selected as a test site which means a cut in personnel, several persons called me suggesting suggest-ing that the announcement was made AFTER the election rather than BEFORE for the political ex (Continued inside) -nopireinrae duties it is necessary that it have a free hand to spend the funds for the most pressing needs of the district, dis-trict, which it regards as the three high-school projects above referred to. After a trial and consideration of the issues, the district court ruled that the defendant Board should allocate the money raised by the bond issue for the purposes stated in the brochure. It took the estimates esti-mates given for the three high-school high-school projects, totaling $1,405,000 and added 10 per cent, arriving at the figure of $1,545,500, and set that as the limit to be spent on those projects, leaving the rest to be used for the improvement of other schools in the district. This appeal involves the propriety propri-ety of the order just stated and raises the question whether the plaintiffs in this proceeding can compel the defendant Board to use the money raised in the bond elec tion only in the amounts stated and for the purpose specified in the brochure. An incidental problem of concern relates to the effect of the publication publica-tion of the brochure. The usual rule is that it is the notice published pursuant to the statute which binds the Board, and that collateral statements or explanatory materials materi-als do not. (2) However, in the instant situation the plantiffs argue ar-gue that the explanatory material was published in conjunction with the statutory notice in such a man ner that the public would not, and in fairness should not, be required to make any such fine distinction but would reasonably regard them as one and the same. We do not disagree with the idea that public officials should not be allowed to make representations or publish materials deliberately calculated to mislead the voters, and then escape responsibility for their commitments com-mitments with the excuse that such representations were not part of the official ballot. . (3) But the trial court did not so regard the situation here and expressly recited in its conclusions that the representations repre-sentations in the brochure were not made with intent to deceive or mislead and that its publication did not constitute any misrepresen JUDGE PAXMAN Judge Paxman Spoke Thursday An invitation was extended to everyone in the community to hear Judge Monroe J. Paxman speak at the Junior and Senior High School P.T.A. meeting Thursday, Nov. 12 at 7:30 p.m. in the high school auditorium. au-ditorium. He spoke on "Youth and the Law" and used a panel of about 15 studentbody officers from Delta Junior and Senior High School to aid in his discussion. A brief report was also given by school board member Alta Ashby concerning the Supreme Court decision de-cision on the school bond issue. The school band played the preliminary prelimin-ary music and rendered a special numb'er at the beginning of the; program. Judge Paxman Is the Juvenile Court Judge for this district He has achieved many honors because of his work with youth and has had several articles published in national magazines. He was named runner-up in a national "Ideal Parent" Par-ent" contest and received a triD to Florida on this occasion. Judge! Paxman and his family recently) received national honors in their family home remodeling. They received re-ceived an award from the "Better Homes and Gardens Magazine" for this contest. SORRY Our pictures went to Draggerton and the engravers did not receive them until Thurs. a.m. The plates did not arrive here until Thurs. night, 11 p.m. twoirit Kda tation. Nevertheless, for the purpose pur-pose of meeting the principal issue in this case forthnghtiy, we pro ceed upon the assumption that plaintiffs are correct in asserting that the public reasonably could and did regard the statements as to the various school needs as part of the notice of the election. It is undoubted that Sections 53-10-9 and 7, relating to the purpose pur-pose and requiring publication of the notice of the school bond election, elec-tion, are designed to give notice of the essential facts to the public. But it will be noted that the requirement re-quirement concerning the use of funds refers only to the general purpose. (4) Moreover, these sections sec-tions are to be read and understood as part of the entire Title 53. Chapters Chap-ters 10 and 11 grant the board powers and impose duties in regard to finances. They specify standards to be observed in conducting a capital expenditure program for building and maintaining school buildings. Other sections authorize the state board of education to set standards for determining class room needs, selecting school sites, and maintaining existing buildings. It is apparent from the tenor of the entire act that the legislature intended in-tended the district board, in cooperation coop-eration with the state board of education, ed-ucation, to make the decisions concerning con-cerning buildings. Consequently, it would be quite illogical to suppose that the taxpayers could decide those matters which the legislature has delegated to the discretion of the district and state boards of education. (5) Consistent with the idea that the board was intended to have plenary ple-nary powers in administering the affairs of the school district is the further provision in Section 53-6-20 charging it with the duty of doing "all things needful for the maintenance, main-tenance, prosperity and success of the schools, and the promotion of education. . . ." (6) The duties of the board include that of purchasing purchas-ing schoolhouse sites and erecting and remodeling school buildings. (7) Also in harmony with the import im-port of the statutes just referred to is the fact that it is inherent in he nauret of the board's function in managing school district busi I MCIDA Calls Meet To Discuss Plant The annual membership meeting of the Millard County Industrial Development Ass'n is scheduled for Wednesday, Nov. 18 at the high school auditorium, 8:00 p.m. A complete resume of the weekend week-end meetings in Phoenix, Arizona will be presented by the board of directors. At that time the board will present its proposal on t h e construction of the factory. Other business will be the election of board members. Making the trip to Arizona over the weekend to meet with officials of the Parker Textile Co. were Bill Bishop, M. A. Lyman, Ward Kill-pack, Kill-pack, Albert Nickle, Max Robison, MCIDA; Commissioner Walter E-kins E-kins and Delta City Councilmen Dell Ashby and Joe Moody. Spokesman for the group told the Chronicle that the construction of a yarn factory at Delta looks very favorable. All persons are invited to attend Wednesday night's meeting. WEATHER Winter seems to be "setting" in in Millard County. According to FAA personnel, .18 of an inch of precipitation in the form of rain and snow had fallen by 11:00 a.m. Wednesday, Nov. 11. The lowest temperature for the week was a cool 22 on the 6th. High for the week was 68 on the seventh. ELDER DAVID ANDERSON will report his mission Sunday, Nov. IS, 7:00 pjn. in Sutherland Ward ChapeL He is the son of Mr. and Mrs. luloa Anderson x- - ' '"Ml,. 0S ness that it have a broad latitude of discretion in order to carry out its objective of providing the best possible school system in the most efficient and economical way. (8) Indeed it should be said that the board not only has this prerogative, but it could not divest itself of this duty. It is the policy of the law not to favor limitations on the powers of the administratiive body, but rather to give it a tree hand to function within the sphere of its responsibilities. For that reason, it is to be assumed that the board has and retains its prerogative of using its best judgment as to what course will prove to be of greatest advantage in serving the interests of the district in the long run. . (9) And any representations made by it or its members should not be regarded as restricting that prerogative prerog-ative unless it clearly and unequiv ocally appears that the Board has made a binding commitment or so acted that justice and equity would require it to follow some predeter- m.ned course of action. (10) There is no basis to compel any such conclusion here. As is the case in other areas in our system of government, it is the citizen's right to vote and elect officials of-ficials he thinks best qualified to represent his interests. Having so elected the school board, he then must trust them to administer the school program. But it is not his privilege to intrude directly into the management of school affairs. This principle carries over into the bond election. The taxpayers may give or withhold their consent 'o the -issuance of bonds and the creation crea-tion of the Indebtedness. But if the consent is given, the disposition of the money raised then becomes the responsibility of the board. This is not to say that the voters are n-tirely n-tirely without remedy. If they believe be-lieve an unwise course is being followed, there is nothing to prevent pre-vent them from petitioning the board for further hearings on the matter and bringing to bear whatever what-ever force of argument or persuasion persua-sion is available. Moreover, the power of the future ballot always exists which may influence policies of the board. (11) It is also true that if it were shown that there existed some actual deceit, fraud Citizens Protest FAA Change Attending the meeting at Delta Airport Thursday morning on the selection of Delta FAA Station as a test site for the Approved FAA Modernized Flight Service System were Delta Ci.y Councilmen Floyd Hardy, Archie Barben and Lem Lovell, Rex Wood, N. S. Bassett, Leo Burraston and Inez Riding. FAA Chief John Elwell and Joe Harris, Maintenance Sector, were also in attendance. Acting as spokesman for the visiting FAA delegation was Mr. Perry Shriver. During the meeting, Mr. Shriver pointed out to the Delta delegation delega-tion that the Delta FAA Station ARTHUR JENSEN Services Held for Arthur Jensen, 61, Saturday, Oct. 31 Funeral services for Bishop Arthur Arth-ur Jensen, 61, were conducted in the Delta First Ward Chapel Saturday, Satur-day, Oct. 31, 11:00 a.m. Bishop Jensen Jen-sen died Wednesday morning, Oct. 28 at his home near Delta of a heart attack. Friends and relatives called at the Relief Society Room prior to the service. At the closing of the casket the family prayer was offered by a brother. Bishop Harold Jensen. Services were conducted by Bishop Bish-op Ward Killpack with Margaret Gardner playing the prelude and postlude music. The opening song, "Oh, What Songs of the Heart" was sung by Bishop M. E. Bird, Ned Church, Eldon Sorenson and Evan Gardner, accompanied by Rae Huff. The opening prayer was given by Fenton Gardner. Bishop Killpack gave a short resume of the life and church activities of Arthur emphasizing empha-sizing the fact that he willingly responded of every call that was made of him. He also paid tribute to Arthur as having lived his life in line with the following quotation: quota-tion: "I shall pass through this world but once, any good thing therefore that I can do, or any kindness that I can show to any human being, let me do it now; let me not defer nor neglect it for I shall not pass this way again." President Verdell Bishop commented com-mented on the large number of (Continued inside) or corruption; or if the board was acting outside the scope of its authority, or was so completely failing to follow the course of its duties that its actions could be classified as capricious- and arbitrary, arbi-trary, redress might be had in the courts. But under the facts shown here, the conduct of the Board cannot be so classified. Accordingly, According-ly, the proposed building program, involving its judgment and discretion, discre-tion, cannot properly be interfered with. Finally, the conclusion we have arrived at here is in conformity with what we regard as the sound and well-advised policy of reluctance reluct-ance of courts to intrude into the functions of other branches of government This reluctance is due in part to an awareness of the sometimes awesome responsibility of having to circumscribe the limits lim-its of their authority. Even more persuasive is an appreciation of the importance in our system of the concept of separation of powers so that each division of government may function freely within the scope of Its authority. This safe guarding of the separate powers is essential to preserve the balance which has always been regarded as one of the advantages of our system. sys-tem. (12) These are the consid erations which we think render it imperative that courts resist efforts ef-forts to use them for the purpose of interfering with or attempting to control matters of judgment and determination of policy within other oth-er departments of government. On the basis of the facts herein recited and principles applicable thereto as discussed in this opinion, opin-ion, we have concluded that the defendant school board should be allowed freedom to act as its judgment judg-ment dictates. The order of the district court is vacated. Costs to defendant (appellant). WE CONCUR: F. Henri Henriod, Chief Justice Roger I. McDonough, Justice E. R. Callister, Jr., Justice Lester A. Wade, Justice (1) All references to statutes herein here-in are to U. C. A. 1953. (2) State ex rel. Utah Savings & was one of the more expensive stations sta-tions to. operate in the nation and quoted the figure of $4.46 as the cost to the taxpayers for each function performed by the local station. This, he said, was one of the main reasons that Delta was selected as a test site. Other reasons rea-sons given were the little amount of aclivity and the number of based planes at the airport. The economic conditions that exist ex-ist in the Delta area was pointed out to the FAA representatives with some fervor on the part of the Delta delegation. The Delta delegation dele-gation pointed out that it was in agreement with economy in government gov-ernment and were unanimous that the new plan, when adopted across the nation, will in fact amount to quite a savings to the taxpayer. Mr. Shriver pointed out that the test in Delta was "a test to make the plan work best" and it is assumed as-sumed that when the change is made for the testing, the personnel will remain reduced in numbers. The Delta delegation objected to being selected as a test site when facts and figures were quoted pointing out that other FAA stations sta-tions in the western division were more expensive to operate and utilized uti-lized fewer in the operation than does the Delta Station. Mr. Shriver was asked to change his recommendation regarding the Delta Station. He said that he could not unless he was directed to do so. The local delegation began working work-ing that afternoon to have the directive dir-ective to Mr. Shriver changed. Information In-formation has been sent to Senators Sen-ators Frank E. Moss and Wallace F. Bennett. Congressman Burton was out of the state on busines" in Arizona and could not be reached. reach-ed. A letter apprising him of the situation has been mailed. The following letter was tele graphed to Senator Moss and Senator Sen-ator Bennett received the same information in-formation by telephone: Thursday, Nov. 5, representatives of FAA, headed by Mr. Perry Shriver, Shriv-er, met with Delta City Council and other interested citizens in regards to the selection of the Delta FAA Station as a rial test site for the approved FAA Modernized Flight Service Station System. This test, scheduled to go into effect Jan. 1, 1965 will displace five families now residing at Delta. Utah. Contingent (Continued inside) NOTICE DELTA RABBITS WILL PLAY U-INTAH U-INTAH AT DELTA SATURDAY, 1:00 P.M. FOR QUARTER SEMIFINALS. SEMI-FINALS. BAZAAR Delta Third Ward is sponsoring a ham supper and bazaar Saturday, Nov. 14 beginning at 6:30 p.m. Bazaar Ba-zaar items will go on sale at 7:30 p.m. A fish pond will be provided for the young fry. Charge for the dinner is a $1.00 for adults and 50 cents for children. SUPPER AND BAZAAR Ladies of the Leamington Relief Society are preparing their annual Supper and Bazaar, which will be held Thursday, Nov. 19. Serving begins be-gins at 6:30 p.m. Sale of bazaar items will follow. Trust Co., v. Salt Lake City, 35 U-tah U-tah 25, 37-39, 99 P. 255, 259 (1908); see Brinkerhoff v. King 57 Utah 300, 304-05, 194 P. 659, 661 (1920); Anselml v. City of Rock Springs, 53 Wyo. 223, 235, 80 P. 2d 419, 423 0.938). (3) See State ex rel. Utah Savings & Trust Co. v. Salt Lake City, 35 Utah at 40, 99 P. at 260 (1908). (4) State ex rel. Utah Savings & Trust Co. v. Salt Lake City, supra note 2; Brinkerhoff v.-King, supra note 2; Atkins v. McAden, 229 N.C. 752, 51 S.E. 2d 484, 486-87 (1949); see Harlingen v. Bd. of Educ, 104 Ohio St. 360, 136 N. E. 196 (1922), quoted in Barlett v. Bd. of Educ, 128 N.E. 2d 267, 269 (Ohio Com Pleas 1955). I (5) Ewine v. Peak. 266 S.W. 2ct 300, (Ky. 1954); see Beard v. Bd.t of Educ, 81 Utah 51, 61, 16 P. 2d 900, 904 (1932); Brantley v. Lake Cormorant Consol. School Dist., 152 Miss. 235, 119 So. 184, 185 (1928). (6) See Beard v. Bd. of Educ, 81 Utah at 59, 16 P. 2d at 903-04 (19-32). (19-32). (7) Ibid.; Allen v. Bd. of Educ, 120 Utah 556, 567-68, 236 P. 2d 756, 761 (1951); see Feezor v. Sicelogg, 232 N.C. 563, 61 S. E. 2d 714, 716 (1950); State ex rel. Clarke v. Bd. of Educ, 11 Ohio App. 146, 150 (1919). (8) Allen v. Bd. of Educ, supra note 7; Beard v. Bd. of Educ, supra sup-ra note 6; State ex rel. Clarke v. Bd. of Educ, 11 Ohio App. at 148-49. 148-49. (9) See supra note 4; State ex rel. Clarke v. Bd. of Educ, 11 Ohio App. at 149; Sarratt v. Cash, 103 S.C. 531, 535-36, 99 S. E. 256, 258 (1916). (10) See Sec. 53-10-13, U.C.A. 1953; Biinkerhoff v. King, supra note 2; State ex rel. Utah Savings & Trust Co. v. Salt Lake City, supra note 2; Anselmi v. City of Rock Springs, supra note 2; State ex rel. Clarke v. Bd. of Educ, supra note 8. (11) Beard v. Bd. of Educ, 81 U-tah U-tah at 83, 16 P. 2d at 912; Allen v. Bd. of Educ, 120 Utah at 567-68, 236 P. 2d at 759; see, in general, 43 C. J. S. Injunctions s 112, p. 638, n. 99. (12) See statement in Wood v. Budge 13 Ut 359, 362, 374 P. 2d 516. Lieutenant McCormick Pilot Training . LUBBOCK, Texas Second Lieutenant Lieu-tenant Thomas D. McCormick, son of Mr. and Mrs. Thomas A. McCormick McCor-mick of Delta, has entered U.S. Air Force pilot training at Reese AFB, Texas. Lieutenant McCormick will fly the newest Air Force jet trainers and receive special academic and military training during the yearlong year-long course. He will be awarded silver pilot wings upon completion of the all-jet Air Training Command Com-mand flying program. The lieutenant is a graduate of Delta High School. He was commissioned com-missioned upon completion of the Reserve Officer Training Corps program pro-gram at Utah State University in Logan where he received a B. S. degree. ENSIGN WALTER PETERSON Commissioned ... Walter Gerald Peterson, son of Mr. and Mrs. Walter E. Peterson, Oak City, was commissioned an Ensign in the U.S. Navy on Sept. 25th, after completing four years as a Midshipman in the NROTC Unit, University of Utah and completing com-pleting requirements for a degree in chemistry. Ensign Peterson will spend his tour of duty on the USS Yorktown noir e ported at Long Beach, Calif. During the time Ensign Peterson was a student at the University of Utah, he was an active participant in the NROTC program. ill j "fUNl' I ' ip-iiiil III |
