An act providing for the formation of junior college districts cannot also contain provisions authorizing school districts to convey surplus property without violating Constitution
How later courts described this case
- An act providing for the formation of junior college districts cannot also contain provisions authorizing school districts to convey surplus property without violating Constitution
Written by the judges who cited it.
The opinion
EAGER, Judge
(concurring in result).
It is my view that if § 165.833 (Cum. Supp.1961) had so restricted the power “to lease or sell” property that it could only be leased or sold to a Junior College District, then the purpose and intent of the section would have been germane to the purpose of the act and fairly within its title. As the section now stands, such a conveyance may be made to any institution “offering education beyond grade twelve.” Those provisions necessarily include a University offering a full four-year course and graduate work. The act purports to deal only with Junior College Districts which propose to offer “13th and 14th year courses.” Section 165.800; Section 165.793. The Curators of the University are clearly not a Junior College District; the section, as it now stands, is broad enough to authorize a conveyance to them and, as thus construed, it is not germane to the title of the act or to its basic content. My conclusion is that the conveyance here is invalid, and that § 165.833 is, in its present form, unconstitutional. In my opinion the section could readily be amended so as to restrict the power to convey, as suggested, and thus be constitutional.
I do not concur in that part of the principal opinion holding the conveyance invalid because of inadequate consideration.