school districts.52 Provisions may also be made for the organization of high, graded or normal school boards separate from the classes just named.53 A special organization is usually provided 1022; Brown v. Ruse, 69 Tex. 589, 7 S. W. 489; Fine v. Stuart (Tenn. Ch. App.) 48 S. W. 371. See §§ 226 et seq., ante. 52 Presque Isle County Sup'rs v. Thompson (C. C. A.) 61 Fed. 914. In the absence of constitutional restriction, the incorporation of a school district containing 180 square miles is not invalid. People v. Ricker, 142 Ill. 650, 32 N. E. 671; Thompson v. Beaver, 63 Ill. 353. The manner of laying off a township into school districts is left by law to the discretion of the trustees and their decision, unless it appears they acted fraudulently or from improper motives or that the division made was grossly unequal and oppressive and is not subject to review by a court of equity. See, also, on the same point, Directors of Schools, etc., v. School Directors and Trustees of Schools, 66 Ill. 247. State v. Carbondale Independent School Dist., 29 Iowa, 264. The organization of an independent school district with less than the number of inhabitants required by law is illegal. Russell v. District Tp. of Cleveland, 97 Iowa, 573, 66 N. W. 771; Anderson v. Green, 21 Ky. L. R. 1439, 55 S. W. 420. The establishment of districts containing less than forty-five children prohibited except in cases of extreme emergency. Jackson v. Brewer, 23 Ky. L. R. 1871, 66 S. W. 396, construing Ky. St. art. 10, § 4464, relative to the establishment of graded schools and the boundaries of the districts. State v. Buckner, 54 Mo. App. 452. A school district under Mo. Rev. St. 1889, § 7972, cannot be created having territory of less than nine square miles and a minimum of $30,000 worth of taxable property. State v. Long, 21 Mont. 26, 52 Pac. 645. Cist v. State, 21 Ohio St. 339. The mere incorporation of a village does not withdraw it from the school jurisdiction of the township. Territory v. School Dist. No. 83, 10 Okl. 556, 64 Pac. 241. Oklahoma Session Laws 1899, p. 226, creating a school district at the station of Waterloo, is local and special legislation prohibited by act of Congress July 30, 1886. Rodemer v. Mitchell, 90 Tenn. 65, 15 S. W. 1067; Pinson v. Vesey, 23 Tex. Civ. App. 91, 56 S. W. 593. The incorporation of an incorporated town for school purposes may include agricultural and rural lands outside the town limits and not exceeding twenty-five square miles. Bedford County Sup'rs v. Bedford High School, 92 Va. 292; State v. Wolfrom, 25 Wis. 468. The incorporation of a village will not destroy the organization of a school district partly included within its territory. Keystone Lumber Co. v. Town of Bayfield, 94 Wis. 491, 69 N. W. 162. Every school district must consist of contiguous territory and shall not embrace more than thirty-six square miles of land. 53 Briggs v. Johnson County, 4 Dill. 148, Fed. Cas. No. 1,872; Bay View School Dist. v. Linscott, 99 Cal. 25, 33 Pac. 781; Kramm v. Bogue, 127 Cal. 122, 59 Pac. 394; for the State university.54 Each of these organizations is usually regarded as a public quasi corporation 55 although some are desig Board of Education v. Cumming, 103 Ga. 641, 29 S. E. 488; McGurn v. Board of Education, 133 Ill. 122, 24 N. E. 529; Boehm v. Hertz, 182 Ill. 154, 54 N. E. 973, 48 L. R. A. 575; Hanover School Tp. v. Gant, 125 Ind. 557, 25 N. E. 872; Drake v. Normal School at Oskaloosa, 11 Iowa, 54; Allen v. District Tp. of Bertram, 70 Iowa, 434, 30 N. W. 684; Koester v. Atchison County Com'rs, 44 Kan. 141, 24 Pac. 65. Session laws, Kan. 1886, c. 147, providing for the establishment of county high schools in certain counties not unconstitutional. State v. Elk County Com'rs, 61 Kan. 90, 58 Pac. 959, 47 L. R. A. 67; Ash v. Thorp, 65 Kan. 60, 68 Pac. 1067; Roberts v. Clay City, 102 Ky. 88, 42 S. W. 909; People v. Hatch, 60 Mich. 229, 26 N. W. 860; Ferris v. Board of Education of Detroit, 122 Mich. 315, 81 N. W. 98; Keweenaw Ass'n v. School Dist. No. 1, 98 Mich. 437, 57 N. W. 404; State v. Sharp, 27 Minn. 38; State v. West Duluth Land Co., 75 Minn. 456, 78 N. W. 115; State v. Searl, 50 Mo. 268; State v. Henderson, 160 Mo. 190, 60 S. W. 1093; Henry v. Dulle, 74 Mo. 443; State v. Westerfield, 23 Nev. 468, 49 Pac. 119; Seargent v. Union School Dist., 63 N. H. 528; Lowthorp v. Inhabitants of Trenton, 61 N. J. Law, 484, 40 Atl. 442; Plummer v. Borsheim, 8 N. D. 565, 80 N. W. 690. Laws 1899, c. 143, § 1, relating to the organization of separate and distinct school townships and which applies only to school townships including a city of 800 inhabitants or more is unconstitutional. Com. v. Reynolds, 137 Pa. 389, 20 Atl. 1011; State v. Power, 5 S. D. 627, 59 N. W. 1090; State v. Allegree, 3 Tex. Civ. App. 437, 22 S. W. 289; Board of School Trustees v. City of Sherman, 91 Tex. 188, 42 S. W. 546; State v. Callaghan, 91 Tex. 313, 43 S. W. 12; City of El Paso v. Conklin, 91 Tex. 537, 44 S. W. 988; City of El Paso v. Ruckman, 92 Tex. 86, 46 S. W. 25; Bedford County Sup'rs v. Bedford High School, 92 Va. 292, 23 S. E. 299; City of Seattle School Dist. No. 1 v. County Com'rs, 3 Wash. St. 154, 28 Pac. 376; McGovern V. Fairchild, 2 Wash. St. 479, 27 Pac. 173; State v. Enos, 97 Wis. 164, 72 N. W. 222; State v. Fowle, 103 Wis. 388, 79 N. W. 419; State v. Sweeney, 103 Wis. 404, 79 N. W. 420. 54 Koester V. Atchison County Com'rs, 44 Kan. 141, 24 Pac. 65; Callvert v. Winsor, 26 Wash. 368, 67 Pac. 91. 55 School Dist. No. 3 v. Bodenhamer, 43 Ark. 140; Gilman v. Bassett, 33 Conn. 298; Hotchkiss v. Plunkett, 60 Conn. 230, 22 Atl. 535; Trustees of Schools v. Tatman, 13 Ill. 27; People v. Dupuyt, 71 Ill. 651; State v. Ogan, 159 Ind. 119, 63 N. E. 227; Mingo v. Trustees of Colored Common School Dist. No. "A," 24 Ky. L. R. 288, 68 S. W. 483; Whitmore v. Hogan, 22 Me. 564; O'Neal v. School Com'rs of Washington County, 27 Md. 227; Board of Education v. City of Detroit, 30 Mich. 505; School Dist. No. 3 v. School Dist. No. 1, 63 Mich. 51, 29 N. W. 489; Littlewort v. Davis, 50 Miss. 403; Water Supply Co. v. City of Albuquerque, 9 N. M. 441, 54 nated as public corporations, and in some instances municipal ocrporations.50 From their nature and the powers which they exercise, and these considerations determine their true legal nature, they are to be considered as quasi corporations.57 They are subordinate agents of the sovereign of exceedingly limited and restricted powers having for their purpose the accomplishment of a single governmental end, namely, that of the education of the people. Since they are quasi corporations, each in respect to its organization, property, powers, and duties is a creature of the legislature and these are held or maintained at its will.58 State universities are, as a rule, constitutional organizations and this principle, therefore, does not apply, except to the extent that the control over them is given by the constitution to the state legislature. Pac. 969; Horton v. Garrison, 23 56 Utica Tp. v. Miller, 62 Ind. 230; State v. Wilson, 65 Kan. 237, 69 Pac. 172. Kan. Gen. St. 1901, § 3827, providing that eight hours shall constitute a day's work for all laborers employed by any municipality of the state applies to school districts. People v. Port Huron Board of Education, 39 Mich. 635; School Dist. No. 7 v. Thompson, 5 Minn. (Gil. 221) 280; Yellow Pine Co. v. Board of Education of Brooklyn, 15 Misc. 58, 36 N. Y. Supp. 922; Maxon v. School Dist. No. 34, 5 Wash. 142, 31 Pac. 462, 32 Pac. 110. But see Freeland v. Stillman, 49 Kan. 197, 30 Pac. 235. 57 School Com'rs v. Aikin, 5 Port. (Ala.) 169; Kinnare v. City of Chi cago, 171 Ill. 332, 49 N. E. 536; Burgess v. Pue, 2 Gill (Md.) 254; State v. School Com'rs of Frederick County, 94 Md. 334, 51 Atl. 289. A board of school commissioners which is declared to be a body corporate by law, capable of suing and being sued, is not liable in an action for damages as a result of personal injuries. The authority to sue and be sued relates to actions pertaining to educational matters only. Inhabitants of Fourth School Dist. v. Wood, 13 Mass. 193; Connell v. Woodward, 6 Miss. (5 How.) 665; Rapelye v. Van Sickler, 1 Edm. Sel. Cas. (N. Y.) 175; Wharton v. School Directors of Cass Tp., 42 Pa. 358. 58 State v. Hine, 59 Conn. 50, 21 Atl. 1024, 10 L. R. A. 83; Greenleaf v. Township No. 41 Trustees, 22 Ill. 236; Waldron v. Lee, 22 Mass. (5 Pick.) 323. But the corporation cannot be so altered as to impair contracts made with it. Rawson v. Spencer, 113 Mass. 40; People v. Van Siclen, 43 Hun (N. Y.) 537; Edmondson v. Board of Education, (a) Formation or abolition of common or independent school districts. Common, special or city independent school districts may be organized and their boundaries established by an act of the legislature.59 It is common, however, to permit designated freeholders or others in a certain territory to petition for the establishment of the district the character of which they desire to form.60 The statutes usually provide for the statements to be contained in the petition 1 and for a hearing, the proceedings on 61 108 Tenn. 557, 69 S. W. 274, 58 L. R. A. 170; Pumphrey v. Brown, 77 Va. 569. 59 Greenleaf v. Township No. 41 Trustees, 22 Ill. 236; Campbell v. City of Indianapolis, 155 Ind. 186, 57 N. E. 920; Allen v. Bertram Dist. Tp., 70 Iowa, 434. A minimum of 200 inhabitants residing in contiguous territory is necessary to the organization of an independent school district. State V. Elk County Com'rs, 61 Kan. 90, 58 Pac. 959, 47 L. R. A. 67; School Dist. No. 76 v. Ryker, 64 Kan. 612, 68 Pac. 34; School Dist. No. 1 v. Deering, 91 Me. 516, 40 Atl. 541; Roeser v. Gartland, 75 Mich. 143, 42 N. W. 687. School districts cannot contain more than nine sections of land under How. St. Mich. § 5033. School Dist. v. Smart, 18 N. H. 268; Water Supply Co. of Albuquerque v. City of Albuquerque, 9 N. M. 414, 54 Pac. 969; State v. Shearer, 46 Ohio St. 275, 20 N. E. 335, overruling State v. Powers, 38 Ohio St. 54. GO Richards v. Raymond, 92 Ill. 612; People v. Keechler, 194 III. 235, 62 N. E. 525; Munn v. School Tp. of Soap Creek, 110 Iowa, 652, 82 N. W. 323; Bailey v. Figely, 106 Ky. 725, 51 S. W. 424; Hundley v. Singleton, 23 Ky. L. R. 2006, 66 S. W. 279; Perrizo v. Kesler, 93 Mich. 280, 53 N. W. 391; State v. Wilcox, 45 Mo. 458; State v. Henderson, 145 62 Mo. 329, 46 S. W. 1076. A school district extending in a city is not enlarged by the extension of the city limits. Neither is such a school district extinguished by the absorption of the city within which it lies into another city. Perryman v. Bethune, 89 Mo. 158, 1 S. W. 231. The statutory requirement that taxpayers residing within the territory to be organized as a school district must call the first meeting is jurisdictional. State v. Gang, 10 N. D. 331, 87 N. W. 5; Pinson v. Vesey, 23 Tex. Civ. App. 91, 56 S. W. 593; State v. Wofford, 90 Tex. 514, 39 S. W. 921. 61 Trustees of Schools v. People, 121 III. 552, 13 N. E. 526; School Tp. of Newton v. Independent School Dist., 110 Iowa, 30, 81 N. W. 184; Newlon v. Independent Dist. of Montrose, 109 Iowa, 169, 80 N. W. 316. Construing Iowa Code 1873, § 1797, providing that where by reason of natural obstacles a portion of the school district cannot with reasonable facility enjoy school advantages in their own school district they may be attached to an adjoining school district. School Dist. No. 17 of Garfield County v. Zediker, 4 Okl. 599, 47 Pac. 482; Ter. v. School Dist. No. 83, 10 Okl. 556, 64 Pac. 241. A certain legislative act relative to the 64 such hearing; and a consideration of the matter by designated official bodies with the making of an order by them.63 In some cases appeals from orders are provided for by law. The action of such an official board is discretionary and the usual rule ap plies in respect to its acts of this character.65 (b) By election. The establishment of school districts whether common, special or independent is often authorized by statute. through an election 6 held after notice 7 and in the manner re formation of the school district held "special" and therefore forbidden by Act of Congress July 30th, 1886. Duffield v. Williamsport School Dist., 162 Pa. 476, 25 L. R. A. 152; State v. Brownson, 94 Tex. 436, 61 S. W. 114; Pumphrey v. Brown, 77 Va. 569; Kuhn v. Board of Education of Wellsburg, 4 W. Va. 499; State v. Enos, 97 Wis. 164. 62 Rayfield v. People, 144 Ill. 332, 33 N. E. 188. 63 Board of Education v. Cumming, 103 Ga. 641; Parr v. Miller, 146 Ill. 596, 35 N. E. 230; Trustees of Schools v. School Directors, 190 Ill. 390, 60 N. E. 531; Independent Dist. of Fairview v. Durland, 45 Iowa, 353; Common School Dist. No. 50 v. Young, 105 Ky. 299, 49 S. W. 28; Inhabitants of School Dist. No. 1 v. Stearns, 48 Me. 568; Doxey v. School Inspectors of Martin, 67 Mich. 601, 35 N. W. 170; Smelser v. School Inspectors of Big Prairie Tp., 125 Mich. 666, 85 N. W. 94. School instructors have the power to take territory from existing school districts and from a new one after giving parties interested an ample opportunity to be heard on all questions raised. Moede v. Stearns County, 43 Minn. 312, 45 N. W. 435. A board of county commissioners may ap peal from an order of a district court reversing their action in es tablishing a new district. Smithv. Township Board of Education, 58. Mo. 297; School District No. 6 v. Burris, 84 Mo. App. 654. A vote at the final meetings of all the districts involved in the formation of a new school district is necessary to give the board of arbitration, provided for by Mo. Rev. St. 1899, § 9742, an opportunity to consider the necessity for a change in school districts. State v. Daniel, 52 S. C. 201; State v. Watson (Tenn. Ch.. App.) 39 S. W. 536; Rhomberg v. McLaren, 2 Tex. Civ. App. 391, 21 S. W. 571; Reynolds Land & Cattle Co. v. McCabe, 72 Tex. 57, 12 S. W. 165. 64 Hamilton v. Frette, 189 Ill. 190,. 59 N. E. 588; Mason v. People, 185 Ill. 302, 56 N. E. 1069; Munn v. School Tp. of Soap Creek, 110 Iowa,. 652, 82 N. W. 323. But see Brown v. Independent School Dist. (Pa.) 16 Atl. 32. 65 School Dist. No. 67 v. School Dist. No. 24, 55 Neb. 716, 76 N. W. 420. 66 Deane v. Washburn, 17 Me. 100; State v. Eidson, 76 Tex. 302, 13 S. W. 263, 7 L. R. A. 733. A tract of land containing twentyeight square miles, not more than two of which are included in a town, cannot be incorporated under Sayles' Civ. St. art. 541a, for school purposes only. 67 Young v. Town of Bethany, 73. |