OFFICEOFTHEATTORNEYGENERAL OFTEXAS 

The l leo tlo n o ff0 deo lAr Qd o o nsio a err Ca tr t, Sa m0 

a a sty Llaa Co twfma 

ed suit la Distr ic t 

dated trr, or the trustees fromSch-501 Dfatrlat #4 aai~ to the 

ependeat 9ahool 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 trustees reoerted t)attii to tair Formr positions 88 
.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 electlcm flad 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 traete6a diaquelSry themselves rhea they 

took the oath of offloe at lvoodson to serve 

ae trostees 0r the County Line Comma Sohool 

nistriet #44* 

When the Dlstriot Co&t by judgmeot set 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 

Distriot were never In raot ooa8olidated. vfhea the two 

trustees from the Couaty Liae Common Sohool Dl6+riot #4 

quuliiled a8 trusteaa of the Woodaoa Iadepeabent Sehool 

Dlstriat they no doubt purported to qualify as trusm 

or the Consolidated Diatrlct, haowa by the nsme of ths 

Iadepeadeat aahool Dlstriot. See Article 8800, Revised 

Civil Statutes. 

The Dlstrlot Court, however, has held that 

there ras no ooneolldated diatriat and therefore. there 

was no orfloe for uhloh these trustees aotlld qualuy. 

The two school distriots retained the seme atutus whloh 

they bed theretotort had before the eleatloa, aad the 

three old members continued es trastees of the Couaty 

Line Comma 3chool Nstrict ,#4 as though no eleotioa hsd 

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 :vere elected. n. /; . hx+Jy beir,q tl-e 

hold-over .zeTbcr ol" the I!oar+ of t'lrce SW%- 

bor3 a3 it c*i.Std nt t?.e A,nte o? t!,e electitin, 83 str?teC r~bove, under tke 2~1-3 on!.y two 

nmbera could have been legaily elected. It 

is said that: *The main design of election 

la.79 is to aecure a fair cxpreasicn of the 

pop&zu will - t0 aSC8rt8d.n the will Of the 

ale&ore and seOur8 the rights of the duly 

qualified voters.. 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 eleotions must be held,by virtrlie 

of 801ri8 legal authority, end an electidn held 

without afiirinative Statutory authority or 

.oontrary to a kaaterial provision of the law 

Is unfrarsally held 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 intended legal 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 authorized by law.' 

There being no suco8Saor elected to the plaoe 

of tha trustee whose term wa:? exIirlng there is a tacanoy 

in sald office within the Beaning of krtiole 2745, oited 

above an5 e trustee may he appointed by the County Board 
Bon. T. :A Trimble, ?:ay 13, 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 coztiriue to hold wer and perform the Alties 

of i:is of?%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 tharefore our OpiniOn that the three 

mwb0r8 of the former board OS trustees of the County 

Line Common School District Ho. 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