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eBook details

• Title: Rankin v. Love
• Author : Supreme Court of Montana
• Release Date : January 14, 1951
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

Submitted January 25, 1951. 1. Constitutional law — Construed as to conditions as of time of adoption. The provisions of Constitution are to be construed in light of conditions as they existed at the time of its adoption. 2. Constitutional law — Duty of Court in construction. Supreme Court must ascertain meaning of Constitution as written and must not add to or subtract from, or delete or distort Constitution. 3. Schools and school districts — purpose of school districts. The only purpose of a school district is to designate a certain territory within which a public school or schools may be established and maintained. 4. Schools and school districts — Words and Phrases ""Public School."" A ""public school"" is a school established and maintained at public expense and comprising the elementary grades, and when established, the grades of high school work. 5. Schools and school districts — High School is part of public school system. A high school, when established, becomes an integral part of public school system in school district in which it is established, and is under jurisdiction of same board of trustees as elementary grades or other departments of public school system existing in that school district, and financed and maintained by taxation on property lying and being within exterior boundaries of that particular school district. 6. Schools and school districts — Strict construction of Constitutional mandate. The rule of strict construction must be applied here and the doubt restored against the power to contract indebtedness. 7. Schools and school districts — Reason for Constitutional limitations. The constitutional provision relative to limitations placed upon power of school districts, curbs equally the power of the Legislature, the officials and the people, and was designed to protect taxpayer from folly and improvidence of either, or of all combined. 8. Schools and school districts — Absence of Constitutional limitations, effect of. In absence of constitutional limitations, the Legislature may create or abandon a school district, or it may change boundaries of school districts, or create joint districts, but Legislature may not enlarge power of a school district to create a debt beyond limitations imposed, Section 6 of Article XIII of the Constitution. 9. Schools and school districts — No authority to operate high school. The high school district attempted to be created under Chapter 275, Laws of 1947, has no authority to operate and manage a high school. 10. Schools and school districts — Maintenance of schools. The people of any school district may spend whatever sum is necessary in maintenance of their public schools so long as they do not create an indebtedness in excess of constitutional debt limitation.

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