Kennedy v. Miller

The charter of the city of San Diego was framed by a board of freeholders chosen therefor, and, having been adopted by the electors of the city and approved by both houses of the legislature (Stats. 1889, p. 643), went into effect on the first Monday of May, 1889. Article 7 of the charter is entitled “Educational Department,” and provides for a hoard .of education with certain designated powers and duties. Section 6 of this article provides for a public school fund of the city, to consist of “all moneys received from the city, county, and state school funds, of all moneys arising from taxes which shall be levied by the common council for school purposes,” and certain other moneys; and further provides that “ all moneys of this fund shall be deposited with the city treasurer, and the same shall be drawn only by warrant, signed by the president and clerk of the board and duly audited by the auditor.” *431 Section 16 requires that the board of education “ shall report to the common council before the annual tax levy be made the amount necessary to carry on the public schools for the next school year, and thereupon the common council shall levy a rate of tax for school purposes, ....…