People ex rel. Pixley v. Lodi High School District

Action to exclude defendant from exercising any power as a high school district. Defendant had judgment, from which and from an order denying motion for a new trial plaintiff appeals.

Appellant contends: 1. That section 1670 of the Political Code, as amended in 1895, which provides for the organization of high schools in cities, incorporated towns, and school districts having a population of one thousand inhabitants or more, violates section 1, article XIV, amendments of the national constitution, in that it deprives the taxpayer of his property without due process of law; it also violates section 12, article XT, of the constitution of this state, because it confers legislative powers upon the high school district; and also violates section 25, article IV, of that constitution, because it is a special law; and 2. It is contended that the proceedings taken in organizing defendant corporation did not comply with the requirements of law.

1. The feature of the Political Code, found in subdivisions 14 and 15 of section 1670, which relate to the levy of a special tax for the support of these schools, is especially assailed. Subdivision 14 of this section, as it was amended in 1895,…