SCHOOLS AND SCHOOL DISTRICTS - SCHOOL ELECTIONS - TAX LIMITATIONS - BOND ISSUES - QUALIFICATIONS OF ELECTORS UNDER MICHIGAN CONSTITUTION

Authors

John S. Pennell, University of Michigan Law SchoolFollow

Abstract

The plaintiff submitted to the school district electors two propositions: (1) that of increasing the tax limitation from 1.5 per cent to 1.802 per cent of the assessed valuation, and (2) that of bonding the school district in the amount of $182,600 for improvements. Both at the registration of voters, and at the election, the qualifications of the electors were tested by the school code. On the tax limitation question, all registered school electors were permitted to vote. On the question of the bond issue, only those registered electors who owned property assessed for school taxes in the district were permitted to vote. The defendant, president of the school board, refused to issue the bonds on the ground that persons entitled to vote on this issue were wrongfully deprived of their vote. The plaintiff sought mandamus to compel the defendant to execute the bonds. Held, mandamus denied. The qualifications of the electors should have been tested by the provisions of the constitution, and not by the school code. Potter, J., concurred as to the question of the tax limitation, but as to the bonds held that the school code should govern. McAllister, J., dissented, holding that the school code should have governed as to both the tax limitation question and the question of the bond issue, and that the election as held was proper. Dearborn Township School District v. Cahow, 289 Mich. 643, 287 N. W. 484 (1939).

Recommended Citation

John S. Pennell, SCHOOLS AND SCHOOL DISTRICTS - SCHOOL ELECTIONS - TAX LIMITATIONS - BOND ISSUES - QUALIFICATIONS OF ELECTORS UNDER MICHIGAN CONSTITUTION, 38 Mich. L. Rev. 425 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss3/24