People ex rel. Att'y Gen. v. Caruthers Sch. Dist.

Garoutte, J. The validity of an election held in Caruthers school district is here assailed, and a determination of the regularity of the proceedings under which such election was held is determinative of the case.

Subdivision 5 of section 1617 of the Political Code provides that the trustees of a school district shall have power, “when directed by a vote of the district, to build school!)ouses, or to purchase or sell school lots.” The question voted upon by the electors of this school district was: “Shall bonds to the amount of ten thousand dollars be issued and sold for the purpose of purchasing a school lot and building a schoolhouse thereon?” Under the statute two ways are provided by which funds may be secured to purchase lots and erect schoolhouses. It may be done either by direct tax or by the issuance and sale of bonds; but in both cases it can only be done after a vote of the district to that effect, and sections 1833 and 1880 of the Political Code expressly allow the board of trustees to submit either of these propositions to a vote of the district whenever such board deems it advisable; thus clearly indicating that the question of the buying of a lot and building of a schoolhouse may be submitted, and, we think, properly should be submitted, jointly with the question of the issuance of the bonds or the voting of the tax. This construction involves no contradiction, or even inconsistency with the terms of the general provision found in section 1617; but, on the contrary, these sections fall directly under and in line with that general provision. It follows that the proposition presented to the voters of this school district was in form entirely justified by the law.

It is intimated by respondent that, while this election may have been sufficiently invalid to nullify all of the bonds issued thereunder, still it was sufficiently valid as a favorable expression of the voters of the district looking toward the purchase of the lot and the erection of the building. This view is unsound. The election must be conducted in substantial compliance with the [186]statute, whatever may be its purpose, and, if there be no substantial compliance with the statute, it is insufficient to form the basis for any future proceedings of any kind or character. The statute provides, certain requirements to be observed in the holding of such an election as is here involved, and also provides that in other respects it must be held as nearly as practicable in conformity with the general election law. And as to the course adopted- in the conduct of the present election, we shall now direct our attention.