{ "id": 2451393, "name": "Israel D. Scott et al. v. Trustees of Schools et al.", "name_abbreviation": "Scott v. Trustees of Schools", "decision_date": "1897-06-16", "docket_number": "", "first_page": "95", "last_page": "99", "citations": [ { "type": "official", "cite": "71 Ill. App. 95" } ], "court": { "name_abbreviation": "Ill. App. Ct.", "id": 8837, "name": "Illinois Appellate Court" }, "jurisdiction": { "id": 29, "name_long": "Illinois", "name": "Ill." }, "cites_to": [ { "cite": "166 Ill. 318", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 5498510 ], "opinion_index": 0, "case_paths": [ "/ill/166/0318-01" ] }, { "cite": "155 Ill. 402", "category": "reporters:state", "reporter": "Ill.", "case_ids": [ 839739 ], "opinion_index": 0, "case_paths": [ "/ill/155/0402-01" ] }, { "cite": "146 Ill. 598", "category": "reporters:state", "reporter": "Ill.", "opinion_index": 0 } ], "analysis": { "cardinality": 473, "char_count": 10330, "ocr_confidence": 0.551, "pagerank": { "raw": 4.03580807328026e-08, "percentile": 0.08098638183152763 }, "sha256": "f7691e88f7052b421c37966708b00444db14783adb8f745bf7b910b1fb094819", "simhash": "1:1ceea039a677ed33", "word_count": 1822 }, "last_updated": "2023-07-14T21:20:26.715064+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Israel D. Scott et al. v. Trustees of Schools et al." ], "opinions": [ { "text": "Me. Justice Pleasants\ndelivered the opinion of the Court.\nCertain residents of the territory comprising sections 13, 14, 23 and 24 in T. 16 N., R. 11, west of the 2d P. M., in Edgar county, sought to have it made a new district as No. 5, by taking said sections 13 and 14 from district No. 1, and the others from district No. 2, under section 47 of the School Act of May 21, 1849 (JR. S., Hurd\u2019s Ed. of 1895, Ch. 122, Sec. 76). An order to that effect was made by the trustees, from which an appeal was taken to the county superintendent, who dismissed it, with a direction to their clerk to proceed as if it had not been taken. On a petition for a certiorari presented to a judge in vacation, an order for the issuance of the writ was indorsed by him, and it was issued to the board of trustees, their clerk and the county superintendent, to certify a complete record of their proceedings in the premises for review by the Circuit Court at its September term, 1895. By the judgment on the hearing, the writ was quashed, from which judgment this appeal was taken.\nOnly three points are urged for a reversal. First, that the paper presented to the trustees as a petition for the new district was not in conformity with the statute, and was wholly insufficient to warrant the order made thereon (Sec. 77, Hurd); second, the notice of the making and filing thereof was not delivered to the president or clerk of the board of directors of district No. 2, as required by section 79; and third, that the county superintendent did not \u201c investigate the case upon the appeal \u201d taken to him, as was made his duty by section 84.\nThe paper claimed as the petition to the trustees was as follows: \u201c To the board of trustees of schools of township sixteen north, range eleven, west of 2d principal meridian in Edgar county and State of Illinois :\nWe, the undersigned petitioners and legal voters resident within sections thirteen, fourteen, twenty-three and twenty-four, in township sixteen north, range eleven, west of the the 2d P. M. in said Edgar county and State of Illinois, and the territory contained in said four sections be made in a new district Eo. 5, T. 16 E., E. 11 W., and that territory contains more than ten families, and is taken part from district Eo. 1 and district Eo. 2 in said township and range, and that there will still remain more than ten families in each of said districts one (1) and two (2).\u201d\nTo this was appended a list of names of persons, and a certificate of three, subscribed before a justice of the peace, that \u201c two-thirds of the legal voters in above named district have signed this petition according to law.\u201d\nThe statute authorizes the trustees so to change school districts of their townships, when \u201c petitioned \u201d so to do by two-thirds of the legal voters residing in the proposed new district (section 76), and declares that no such change shall be made unless so \u201cpetitioned for\u201d (section 77), Parr v. Miller, 146 Ill. 598, and reaffirmed in People ex rel. v. Allen, 155 Ill. 402. A \u201cpetition\u201d is thus made requisite, though no particular form is prescribed.\nBut it is said the paper in question is not a petition, in form or substance; that it in no way appears on its face to ask, request or pray for the formation of a new district, or for anything else, and is a nullity.\nFormal statutory documents, prepared without a form for guidance, by persons unskilled in technical composition, are seldom found to be models of neatness and accuracy. This, one is so defective that without supplying some omitted expression of what must reasonably be presumed was. intended, it would appear to be without any object or sense. If a legitimate object and sense can be reasonably ascertained from what is expressed, the court will supply its appropriate expression.\nIt is certainly a reasonable presumption that the \u201cundersigned\u201d had in view some object, the accomplishment of which was to be sought and furthered by it. They represent themselves as \u201c petitioners,\u201d that is, persons who ask, request or pray for something. That must have been either that some change of an existing condition \u201c be made \u201d or that some apprehended change therein \u201c be not made.\u201d What one hath he doth not hope for, much less pray for. Every condition mentioned in this paper wds an existing condition and therefore not to be prayed for, except one; and that one was a school district embracing the four sections mentioned, of which two were part of one and two of another district then existing. That they might \u201c be made in a new district \u2019\u2019 ivas a change in the existing condition which was the only natural subject of petition mentioned. By reference to the statute, it is found that the undersigned constituted the req- ' uisite proportion of all those who alone were authorized to present such a petition, and that the paper was addressed to those who Avere alone empowered to grant it. And finally) the record shoivs it was supported by the undersigned, opposed by others, residing respectively in districts one (1) and two (2), pursuant to notices of opposition filed by each (being the only opponents who appeared), and understood and acted on by the trustees as a petition for the formation of a new district out of the four sections mentioned. From these facts and considerations, we hold it beyond doubt, a petition substantially complying Avith the requirement of the law. The clause \u201c and the territory contained in said four sections be made,\u201d etc., should be construed as if it were \u201cask that the territory contained,\u201d etc. Young v. Harkleroad, 166 Ill. 318.\nIt appears that notice of the making and filing of said petition, together with a copy of it, according to the form given in the statute (Sec. 79), Avas made out in duplicate (there being two districts to be notified), one of which was delivered to the proper ofiicer of each of said districts, and by him filed with the clerk of the board of trustees.\nThe form so given, is: \u201c The directors in district Ho. \u2014> in township Ho: \u2014, range Ho. \u2014; of the \u2014 principal meridian, will take notice,\u201d etc. In those so delivered, these blanks were filled alike, and properly as to all except the first, in both of which that was filled by inserting \u201c one (1).\u201d For that error in the one delivered for district Ho. two (2), it is claimed that the notice required by the statute was not given to the directors of that district, and therefore the trustees could not act upon the petition.\nThe record shows that the notice in question was intended for the directors of that district, and was actually delivered in apt time by one of the petitioners to the wife of Sol. King, then the acting president of the board, for him, at his home, and by her to him on the same day; that he filed it with the clerk of the board of trustees; that a considerable number, claimed to be \u201ca majority of the voters residing in each of the districts, filed notice with said clerk of their opposition to the petition, a copy of which was appended to the notice so served on King, and that they appeared before the trustees and made their opposition. It does not appear that any exception to the notice or to the service of it was then taken or suggested. We think it was sufficient.\nAll the papers in the case were delivered to the county superintendent, April 18, 1895, on the appeal taken to him from the order of the trustees, and by him returned to the clerk of that board with his order and direction in the case on May 28th. The matter was in his hands for more than a month. There is no evidence that he failed to investigate the case. His order dismissing the appeal and directing the clerk to proceed as though no appeal had been taken, was substantially an affirmance of the action and order of the trustees.\nFinding no material error in the record, the judgment of the court below will be affirmed.", "type": "majority", "author": "Me. Justice Pleasants" } ], "attorneys": [ "J. W. Shepherd and H. Van Sellar, attorneys for appellants.", "A. V. Tro&don, F. W. Dundas and James A. Eads, attorneys for appellees." ], "corrections": "", "head_matter": "Israel D. Scott et al. v. Trustees of Schools et al.\n1. Construction\u2014 Of Formal Statutory Documents\u2014When the Court will Supply Omitted Words. \u2014Formal statutory documents, prepared without a form for guidance by persons unskilled in technical composition, are seldom found to be models of neatness and accuracy, and in construing such documents, if a legitimate object and sense can be reasonably ascertained from what is expressed, the court will supply its appropriate expression.\n2. Schools\u2014Petition for the Formation of a New District Held Sufficient.\u2014A petition was presented to certain trustees of schools as follows: \u201c To the board of trustees of schools of * * x: We, the undersigned petitioners and legal voters residing within sections * * * and the territory contained in said four (4) sections be made in a new district No. five (5), T. 16 N., R. 11 W., and that the territory contains more than ten families and is taken part from District No. one (1) and District No. two (2) in said township and range and that there will still remain more than ten families in each of said districts Nos. one (1) and two (2).\u201d Held, that the clause \u201c and the territory contained \u201d should be construed as if it were \u201c ask that the territory contained,\u201d and that when so read the petition substantially complied with the requirements of the law as to petitions for the formation of new school districts.\n3. Same\u2014Notice of Petition for the Formation of a New District Sustained.\u2014A notice of the filing of a petition for the formation of a new school district addressed to the directors of district No. one, was- delivered to the president of the board of district No. two and by him filed with the clerk of the board of school trustees of the township, a considerable number, claiming to be a majority of the voters residing in district No. two, filed notice with said clerk of their opposition to the petition, a copy of which was attached to said notice, and appeared before the trustees and opposed the petition, but made no objection to the notice or the service of it. Held, that under the circumstances the notice was sufficient.\nPetition, for writ of certiorari. Appeal from the Circuit Court of Edgar County; the Hon. Ferdinand Bookwalter, Judge, presiding.\nHeard in this court at the May term, 1896.\nAffirmed.\nOpinion filed June 16, 1897.\nJ. W. Shepherd and H. Van Sellar, attorneys for appellants.\nA. V. Tro&don, F. W. Dundas and James A. Eads, attorneys for appellees." }, "file_name": "0095-01", "first_page_order": 93, "last_page_order": 97 }