People ex rel. Att'y Gen. v. Caruthers Sch. Dist.

The validity of an election held in Caruthers school district is here assailed, and a determination of the regularity of the proceedings under which such election was held is determinative of the case.

Subdivision 5 of section 1617 of the Political Code provides that the trustees of a school district shall have power, “when directed by a vote of the district, to build school!)ouses, or to purchase or sell school lots.” The question voted upon by the electors of this school district was: “Shall bonds to the amount of ten thousand dollars be issued and sold for the purpose of purchasing a school lot and building a schoolhouse thereon?” Under the statute two ways are provided by which funds may be secured to purchase lots and erect schoolhouses. It may be done either by direct tax or by the issuance and sale of bonds; but in both cases it can only be done after a vote of the district to that effect, and sections 1833 and 1880 of the Political Code expressly allow the board of trustees to submit either of these propositions to a vote of the district whenever such board deems it advisable; thus clearly indicating that the question of the buying of a lot and building of a schoolhouse…