Excerpt from Circular Remarks on the School Law
It is not enough if one paper simply has more signers than the other; for in that case, a small minority might secure a division contrary to the wishes of a large majority. There must be a majority of the whole District either for or against, before the Trustees can act.
When a petition or a remonstrance is signed by a clear majority it is the duty of the Trustees to act, and to be governed in their action by the paper having such majority. For the power of the Trustees, in the premises, is a delegated not an arbitrary power - they are the agents of the people, whose instructions, when clearly and legally expressed, they are bound to regard.
To be a little more particular: Not the smallest strip of territory, whether inhabited or not, can be taken from one District and added to another, without the consent of a majority of the whole District to which such strip belongs, as well as of that to which it is to be attached.
If a majority in both Districts is for it, the Trustees can act; if otherwise, not.
If said strip of territory contained, say, five families, and they were unanimous for being set off, it could not be done without a majority vote of the whole District of which they were a part.
Again, if it is proposed to consolidate say, five Districts into one. Only those can be united, by the Trustees, which consent to the union, by a majority vote - if four are in favor of the union, they may be consolidated, but they cannot force the fifth into the measure - if three are for it, the Trustees may unite them, but those three have no control over the other two, &c.
The only modification to which these principles are liable, is where the District or Districts concerned, lie in two or more Townships.
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