Moorpark School District of Ventura County v. Reynolds

THE COURT.

The petitioners pray the court for a writ commanding the superintendent of schools for Ventura county to make and file a certificate of the result of an election alleged to have been held on August 3, 1909, on the question of forming a certain high school district, and further requiring said superintendent to call an election in said union high school district for the purpose of electing a board of trustees therefor.

Many questions involving a proper construction of the statutes with reference to the creation of high school districts have been presented and ably argued upon this application. We think, however, that the primary question for determination, and the one which should control the action of the court in the premises, depends upon the legal organization and creation of the high school district alleged to- have been created by a vote of the people thereof; for if, as a fact, such high school district was not legally created and established, it follows that the superintendent of schools has no duty to perform in connection with tiie matters sought in the application.

It is made to appear from the petition filed herein that on the thirtieth day of June, 1909, eight certain school districts, to wit: Long Canyon school district, Fair-

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view school district, Timber school district, Simi school district, Santa Susana school. district,' Las Posas school district, Conejo school district, and Moorpark school district, filed with the superintendent of schools of Ventura county eight certain petitions, each of which was in the following form, omitting the introductory part: “We, the undersigned, being a majority in number of the heads of families as shown by the last school census of the - school district, and also a majority of the heads of families now residing within said- school district, respectfully petition that you call an election in the time and in the manner as by law provided for the purpose of determining the question of establishing and maintaining a union high school district to be composed of the following named school districts, within said county of Ventura, state of California, or of any seven of them, which shall include the-school district.” Then follows a statement of the names of all the school districts sought to be included, among which was another district called Somis school district. That afterward, on the nineteenth day of July, 1909, Somis school district presented a petition of similar character. All of the nine petitions so presented were similar in form, except that where the blank appears in the petition there was inserted the name of the particular school district joining in the petition. It further appears that the nine school districts comprised contiguous territory, and that excluding Santa Susana school district upon the easterly border and- Somis school district upon the westerly border, the remaining seven districts formed contiguous and compact territory. Upon the filing of the petition by the Somis school district the superintendent of schools called an election in each of the school districts, notifying the qualified electors of an election to be held upon the question of the formation of a union high school district to consist of the following school districts’ (naming the nine districts), or any seven or more of said districts, including -, which blank contained the name of the particular district in which the notice was posted. That said election was held in each of the school districts named, except that no votes were cast in Las Posas and Conejo districts, and as a result of said election a large majority of the voters in Somis district, Timber district, Moorpark district, Pair-