Sunol School District v. Chipman

CHIPMAN, C.

The case is here on an agreed statement of facts, defendant appealing from the judgment, which directed defendant to apportion to the Sunol School District “its pro

rata

share of state and county school moneys, to be apportioned upon the average daily attendance of the pupils in the public schools of said county for the year ending June 30, 1901, based upon the average daily attendance in said school district of 239 pupils,” and enjoining defendant from apportioning said

pro rata

share of said moneys to any other school district or districts. It appears from the agreed statement of facts that prior to January 21, 1901, there existed, and still exists, in Santa Clara County, a school district in which were maintained two public schoolhouses for the accommodation of its pupils, known respectively as Sunol schoolhouse and Hester schoolhouse, located in different parts of the district; that Hester School District maintained schools

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in both of these houses for ten full school months from September 1, 1900, to June 30,1901, the average daily attendance "at each of said schoolhouses in said Hester School District” being duly reported to defendant; that on January 21, 1901, the supervisors of the county divided Hester School District, and a new school district was formed, plaintiff herein; that up to June 30, 1901, this new district did not maintain a school, but pupils were permitted to attend, and did attend, at said Sunoi sehoolhouse at the expense of Hester School District and under the management of its trustees; that the Sunoi School District was so formed as to include the Sunoi sehoolhouse, and the Hester School District, by the division, retained the Hester sehoolhouse; that on June 12, 1901, defendant appointed trustees for the plaintiff district, who served until July 1, 1901, when their duly elected successors became the trustees, and since September 1, 1901, maintained a school.in Sunoi School District for more than six months; that the average daily attendance at this Sunoi sehoolhouse for the school year ending June 30, 1901, was 239, which was duly reported to defendant; that in September, 1901, defendant duly filed with the supervisors, and with the county auditor, an estimate of the amount of school fund needed for the ensuing year, and the supervisors duly levied a tax to raise the amount so estimated, and the first installment of said tax was collected and apportioned, according to law, to the several school districts of the county, including plaintiff, "in proportion to the number of school-census children in each district, . . . and that the full amount. required by law to be paid under such apportionment has been paid to said plaintiff”; that the second installment is now due, and is in course of collection, but that defendant "refuses to apportion any part of said money to the plaintiff herein, and has threatened, and does now threaten, to apportion the whole thereof to other school districts,” and unless restrained will do so; "that said money is necessary for the support of the school in said Sunoi School District for the balance of the present school year ending June 30, 1902, and unless said money is apportioned to said Sunoi School District, the plaintiff herein, said plaintiff will be compelled to close said Sunoi school, to the detriment of plaintiff and to the school-children in said district.”