Dodge v. Mitchell

HOUSER, J.

This is an appeal from a judgment by virtue of which an application for a writ of mandate was denied.

The essential facts are that, under the provisions of section 1734b of the Political Code, by order of the board of supervisors of Orange County, certain common school districts therein were annexed to a city high school district. Several years thereafter, for apparently satisfactory reasons, in presumed accordance with procedure outlined in section 1733a of the Political Code, “a majority of the heads of families” living within such common school districts, presented a petition to the county superintendent of schools, by which the petitioners, on behalf of the common school districts theretofore annexed to the city high school district, sought to have an election called for the purpose of determining whether such common school districts might withdraw from said city high school district and from such elementary school districts form an independent high school district. The county superintendent of schools denied such petition. Thereupon a writ of mandate was sought from the superior court requiring the county superintendent of schools to call such election. The petition for the writ was denied and judgment entered accordingly. It is from such judgment that this appeal is taken.

So far as concerns the questions here involved, section 1733a of the Political Code in substance provides that in circumstances therein set forth “a majority of the heads of families or of the electors” of certain specified elementary school districts which “are a part of one or more

union

or

joint union

high school districts” may present a petition to the county superintendent of schools to the effect that he shall call an election for the purpose of determining whether or not an independent union or joint-union high school dis

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trict shall be organized, to be composed of the elementary school districts represented by the petitioners. Neither by the terms of the statute to which reference has been had, nor by any other statute to which the attention of this court has been directed, is a similar right or privilege extended to elementary or common school districts which have been annexed to