OFFICEOFTHEATTORNEYGENERAL OFTEXAS

The ll eo tl o n o ff0 deo lA r Qdo o nsio a errCa t r t, Sa m0 a a st yLlaaCo tw fma ed suit l a Dist r ict

dated trr,

or the trusteesfromSch-501 Dfatrlat #4 aai~ to the ependeat9ahool and took tbe oath
ce as **txw4t;ew In**  **the** Woo&3on Indepeabent Yckmol Dfotrlet. After ths Dlatriot Court set aslds the ~oaaolldstlon ardur, daolaring it ml1 an& **void,** the two trusteesreoerted **t)attii** to tair Formr positions88.ton. T. 2. ?rlr&le,Kay 13, 1939, T'age 2

trustee; cf :2uuaty Line Sxmon :Amol 3lstrict 24 kt::

be:y~ to tracsact business ea they did be-fcre they took the oat?. of offloe et ~.?OGdYUC

:n3epe11deat

.;cZool. Cn the first day cf Lpril, Comon ~~c!iool Xstrlct '4 held
an electlcmflad

elected three trustees. NOW, what I want to know is which of these trustees s?Yo!II.~.T

recomize to traxsact buslnesa, the t!ree t?-&Ht

was elected on the first or April, or sf-.e old trustees that have beeatlag in that capacity all the tine? Did the traete6adiaquelSrythemselvesrhea they took **the** oath of offloe at lvoodson to serve ae trostees0r the County Line Comma Sohool nistriet #44*

When the Dlstriot Co&t by judgmeotset a8ide the ooneolldatloa

order end deolsrea it au11 and void, the OrrOot or such judgment wa8 to hold 

### the county Llae Comoa Sohool Distrlet #4 aad Woo&ma Iadepemdeat Sohool Distriotwere never In raot ooa8olidated. vfhea 

### the two trustees from the Couaty Liae Common Sohool Dl6+riot #4 quuliiled **a8** trusteaa of the Woodaoa IadepeabentSehool Dlstriat they no doubt purported to qualifyas trusm
or the Consolidated Diatrlct,haowa **by** the nsme of ths Iadepeadeataahool Dlstriot. See Article 8800, Revised Civil Statutes.

The Dlstrlot Court, however, has held that there ras no ooneolldated diatriatand therefore.there
was no orfloe for uhloh these trustees aotlld qualuy. The two school distriotsretained the seme atutus whloh they bed theretotort had before the eleatloa, aad the three old members continuedes trastees of the Couaty Line Comma 3chool Nstrict ,#4 as though no eleotioahsd been held to ooneolidats.

Artlole 2745 provides that on the first Saturday la April of each yaar one trustee shall be eleated yho shall serve for e terra of three years. It rurther provides that *all vecenaiea shell be filled by the aouaty board of trustees for the rtmelnder of the term la whloh ehe veaenoy OOOUF~.~Eon. '7.:. Tri.s.ble, gay i3, 1533s.

'iaPe 3

**In :.mit!?**  **vlj.** Xorton Independent khool 9lstrlct (T. C. A. 1935, writ disrhsed) 85 3.:' (2nd) 653, t;ie

court ?ield:

Vn April 7, 1X54, six new Lzmt!2er3 of t.:e ?su+d :vereelected. n. /;

. hx+Jy beir,q

tl-e hold-over .zeTbcrol"the I!oar+of t'lrce SW%- bor3 a3 it c*i.Std nt t?.e A,nte o? t!,eelectitin, 83 str?teC

r~bove, under tke 2~1-3

on!.ytwo nmbera could have been legaily elected. It is said that: *The main design of election la.79 is to aecure a fair cxpreasicnof the pop&zu will - t0 aSC8rt8d.n the will Of the ale&ore and seOur8 the rights of the duly qualifiedvoters.. 16 Tsx. Jur. 1.035. It the voters have the ri@t to elect only two SMXI and the eleoticn is so ordered and oonduoted that Six are eleotad, the purpose Of the low IS defeated. Xeith8r the el8OtiOn authxitles nor the courts oan eay whloh tw0
or the six **are** de Jure OfiiO8rfL In our row of goierllpont

eleotionsmust be held,by **virtrlie** of 801ri8

legal authority,end an electidnheld without afiirinative Statutoryauthorityor .oontrary

to a kaaterial

provisionof the law Is unfrarsallyheld to be a nullity. 23 C. J. 95, 380. 76; Simpson YS.~Taitlsr,176 Ark. 1093, 5 3W (2nd) SbO; Boone va. Gtat8, 10 Tc& App. 418, 98 Ann. Rep. 641. An irPe(rlularity which afQ3ots the merits of the eleotion and defeats the intendedlegal reeults if! a nullity. 9 R. C. L. 1092; 25 Fi. C. L. 772, Sec. 19.

"'We, therefore,corclu6s that the eleotlon of six trustees of the Morton Indepandent School District is not authorizedby law.'

There being no suco8Saor elected to the plaoe of tha trusteewhose term wa:? exIirlng there is a tacanoy in sald officewithin the Beaning of krtiole 2745, oited above an5 e trusteemay he appointedby the County BoardBon. T. :A Trimble, ?:ay13, 1939, i:age 4

of school Trustees to fill said vacancy. Clark vs. Xornell, (7. C. A. 193::) 65 3% (2nC) 350. However, the old trUatee iOr Whom a swcessor WEQ not elected shall coztiriueto hold wer and perform the Alties of i:isof?%ce until his Buoo88sor has been duly eleoted or appointed and qUalifi8d. Terad Co-!st., /u-t. XNX , ..ie

c

. 17; cowan vs. Capps, 278 3% 283; >-,ate VS. Zordan, 921. (T. C. X. 1930, writ diSffiidJ8d) 28 YYi (Znd)

It is thareforeour OpiniOn that the three mwb0r8 of the former board OS trusteesof the County Line Common School DistrictHo. 4 donstitute de jura mmbers of eald Board fullr qualified to act as suoh with one vacancy subjeot to be filled by appolntmant by the County Bo+wd of Sohool Trustees.

Yours very truly

ATTGRt?EY GENERALOF TEXAS 

# By & + - AGrLM.A

Oeo 1 C. Cama& Asslatant

CCC:Al%

APPROVIUk