(dissenting) — Prior to the enactment of chapter 266, p. 1104, Laws of 1947 (Rem. Supp. 1947, § 4693-20 et seq.), chapter 248, p. 833, Laws of 1941 (Rem. Supp. 1941, § 4709-1 [P.P.C. § 900-1], et seq.), was in effect. Under the 1941 act, the creation of a new school district was left to a majority of the voters within its- proposed boundaries, thus permitting a larger district to “gobble up” a smaller district. This act was declared constitutional in Wheeler School Dist. v. Hawley, 18 Wn. (2d) 37, 137 P. (2d) *4431010. To correct this obvious injustice, the legislature provided in Rem. Supp. 1947, § 4693-40:
“Whenever a special election is held, pursuant to the provisions of this act, to vote on the formation of a proposed new school district, the votes cast by the voters in each component district shall be tabulated separately and the proposition shall be considered approved only if it receives a majority of the votes cast in each separate district voting thereon. ...”
As pointed out by the majority, Rem. Supp. 1947, § 4693-41, provides that, if such a proposal is rejected by the voters, the county committee may make such revisions as it deems advisable and, if approved by the state board, may resubmit the revised proposal to the voters.
Rem. Supp. 1947, § 4693-34, provides:
“For the purpose of forming a new school district, a petition in writing may be presented to the County Superintendent, in his capacity as secretary of the County Committee, signed either by five (5) heads of families or by a majority of the heads of families residing (a) in each whole district and in each part of a district proposed to be included in any single new district, or (b) in the territory of a proposed new district which comprises a part only of one (1) or more districts. The aforesaid petition shall state the name and number of each district involved in or affected by the proposal to form the new district and shall describe the boundaries of the proposed new district.”
It is true that Rem. Supp. 1947, § 4693-32, gives the county committee power to revise proposals initiated by petition. But the power to revise does not give the committee the power to submit alternate proposals". Section 4693-39, providing for notice, states:
“The aforesaid notice shall state the purpose for which the election has been called and shall contain a description of the boundaries of the proposed new district and a statement of any terms of adjustment of bonded indebtedness to be voted on.” (Italics mine.)
Everything in the act contemplates that the people shall vote on one proposed district. If the people reject that proposal, the county committee may then revise the proposal *444and resubmit the revised proposal to the people. The procedure is clear and complete. There is nothing in the act permitting alternate proposals to be submitted. In the case under consideration, a proposal was submitted to the voters to form a new school district comprising six existing districts. That proposal did not meet the approval of the voters. Under the procedure outlined by the statute, the county committee could then have revised the original proposal and could have resubmitted another proposal to form a school district comprising five existing districts. But this was not done. Instead, the county committee, upon the advice of the state department of education, attempted to by-pass the procedure clearly set out by the legislature, and to circumvent the legislative intent by setting up an unlawful procedure of its own.
The order of dismissal should be reversed.