power. The existence of these districts for this particular purpose is not incompatible with the existence of the school township. It in no manner interferes with the full exercise by the school township of all its powers. These districts were to be kept alive for a short period, to accomplish a special object entirely foreign to the power conferred upon school townships. Their utter extinction for all purposes contemporaneously with the creation of school townships would have left the latter no more completely in possession of all their functions as municipal corporations. Finding no error, the judgment is affirmed. All concur.
on rehearing.
(May 31st, 1893.)
We are asked to grant a rehearing on the assumption that we have overlooked the case of Dartmouth Sav. Bank v. School Dists. Nos. 6 and 31, 6 Dak. 332, 43 N. W. Rep. 822. We had not overlooked it. We do not regard it as in point. In that case it might be said that their was no color of organization. There was no petition ever filed, or even signed. In so far as that decision can be regarded as conflicting with our conclusions we feel constrained to differ from the court which pronounced it.
Another matter is referred to in the petition for rehearing which strikes us with much force. It is insisted that, unless we modify the judgment, it will stand as an unqualified judgment against the defendant, to be collected the same as any other judgment against it. To save any question, we will modify the judgment so that the collection of it must be enforced according to the provisions of § § 136, 141, Ch. 44, Laws 1883. The District Court will modify the judgment by inserting therein the following clause: This judgment is to be enforced subject to the provisions of § § 136, 141, Ch. 44, Laws 1883; the debt on which it is rendered being a debt subject to equalization as therein provided.
Modified and affirmed. All concur.
(55 N. W. Rep. 587.)
