| Show SCHOOL HOUSE REMOVAL state superintendent of public in st ruction park has had a perplexing proposition on his hands with reference to the demolishing of a school house in one end of a district and an attempt to erect a new one in another part pait lie he referred the matter to the office of the attorney ife general and today deputy benner X smith replied sa aa follows dear sir your tour favor of the an and 2nd dinst asking the following questions is 10 at hand I 1 the local voters of a school district on proper notification met in february 1897 and voted a tat tai in conformity to law for the th purpose of pulling down il i school house n the south part of the district and erecting another in its stead also to purchase grounds in the north part of the district and build a school house in conformity with such rp os the trustees have proceeded so far that they have demolished the school building in the south part of the district I 1 and have purchased a site upon which to build a new one in the tae north part of the district when there comes a petition from two thirds of the rest real dent taxpayers that the trustees shall call another meeting of said taxpayers to change the purpose 0 of t the th e tax ta x as expressed at the last meeting in february 1897 the question arises can a two thirds majority vote now taken of the legal voters of the district at a meeting legally held tor for that purpose lawfully change the purpose and application SC of the tax voted at the meeting aforesaid ato in february 1897 so far as such change may be possible or at least to erect a school building at the center cente of the district instead of the others before contemplated with the money in of the aforesaid tax if such change may be lawfully made what would ba b the effect of a remonstrance to dussa change by one taxpayer or any number less than a two thirds malor itil I 1 find upon examination bation of the revised statutes in reference to the ers and duties of trustees of P schools which is substantially the sana sawa as the laws of 1896 and 1897 on the WW subject that one fourth of the resided taxpayers of a district may petition V b board to call a meeting of the voters to vote upon the question pf af abo selection purchase or no of school house site or the erection it boval moval Ipuy 3 chase exchange ax cl iange or ar wo sale im a 01 school li house linuse Duse etc ate upon tipon this vaud tion the bord Is to ao aay I 1 giving certain no gm sao gig the w peas meet meeting aard 0 t such ewt inga fiig a iff the totero em mabit t a school house tte or if they bp in va vor r thereof may by their vo allta ize the board to locate purchase ex change or sell a school house site or erect remove or sell a school house in order however to effectuate a re of a school house a two thirds vote to ia required if it is necessary to levy taxes to carry out the will of the voters provision is made for the same in chapter 12 section 1871 et seq of the Ite revised statutes it appears from the statements tate ments of fact made in your ques lons above that after levying levy ins and collecting the taxes for the purpose of erecting a new school building in the auth south part of the district and the pur chase of a site upon which to build a joew one in the north part of the district two thirds of the taxpayers are desirous of abolishing the school sites above mentioned and establishing establish ng a tf school building at the center of the dis 4 lct the law seems to place the right qualified fled fied voters of a school dis wet to determine where a school house shall te be situated and to remove ex V change or sell the same at their will 4 a and in carrying out this purpose they 3 may authorize the sale and exchange lib of still lir school sites although th were voted and levied for the pur a indicated in the meeting of feb idary da ry 1097 and although they had fatten fully expended in carrying out iffat purpose a vote of two thirds of y taxpayers of t the e district undoubtedly authorize the sale of could uld E S house sites as then existing ad the location in a different place ot for the district it w tae 84 achrol house HT clear that this right in ae evident taxpayers after the ex f tire of the tax there could be no on upon proper action being taken to to the sale and exchange of sites site located and the expenditure ot mo remainder of the money for the pur oa 4 of establishing and erecting a V lestol 60 I 1 in a different place y it R to ha my opinion that a meeting to J this should be called for ohp of the school house of removal f our ahr purpose of removal of the school Ff ettee from the place now designated I 1 saihe the t 1 erection of a school house at I 1 ru lace 1 where the voters may descg besig W r am and d if necessary the exchange asale le of existing school house sites abd the ithe I purchase of a new one and it board of trust trustees emare are petitioned for purpose aej and proper legal notices av en and two thirds vote be in fat of the removal then it would that individual taxpayers would no legal complaint |
