OFFICE OF THE ATTORNEY GENERAL OF TEXAS **AUSTIN**

%;areoeived your lw aett-lng out oerti8crinia kcpation based upoa said

Tour Letter dated reads. la pert, 88

cborne was re-

, 1840, the County aoard of School Cotzty, .Texas, being und~orthe imthere ~38 a vramoy in said offioe, ollowln~:. in the ?-iinutes of s@,lCboard, at tlco,~llzeetj.rg thereof 1"Onor about the 8th day of April, 1940., 3. 3.

Earrla took the oath of offloo, but thereaftsr, on or shout the 20th day of April, 1940, be resi@ned~ as trustee for the r@ason.that he has oot resi,ded in the district for six months prior ttiersto and ma dfagualifi3A. Onthe aam. date that Rarrfs rsslgned, Osborne took the oath oi office end filed the aarmwfth the Couuty 3uperintendent. Curing this ar$lrr period ol! tine, Osborne has oontinued to act as trustee+ WDurin&the y&r. 1922; Oljbome was comioted ei Felony theft In the Fedaral Court. ne lo not 8’qualified voter andhsa not been durtng,t&ia eatfre period of timhw~ Your letter bated fune 21, 1940 mbmitting additional faots reads,. In prt, 4s tollowst

*After the a9~o~lntmontof Earrts 68 truatae, ,. Osborne .eontinued to aat as trustee and his’ sots in signing vouoher8, eto, were aoooptad by the County Superintendent. ,?Wnxis never at any time parrormsd any’aat ’ es trustee and his resignation w&saccepted by the County Sohool Board, and on the County Bard entered an order aocepting the maienatloo ot mrria, iC entered en order stating that oald aonkxonaohool dletriot would have only two trustees Xor ths year ., 1940-41. *Onthe 6th day of, rune,, 1840, u,ponthe repueat oi Bubort Osborne, the County Board entemd the rtdbfirg ordert~

. **It apparlng tom the Roarti of Oou3t.y ’ School Trustees of Rusk County, Thrxae, that hewetotors there have been .%ade various orders in r~t$sd to the posltioa 0r on4 of t&4 trustees of the Tine Hill Comnon sahool District No. 4d, of Euek Comty, TCXde, in that the se14 couoty isonrdWRIBunder Me tipression that avacmoy erlstod In the plme l-da by nubart Osborrm RSona of the trustess of oatd distriatl *tXndt Mi?d board having found that the said Hubert Osborne hsa at al.1 tines alno hia eleotlon ooted as trutitee of aaid die-! : qps

**triot, and**  **that he**  **hae fakan**  **the oath**  **of** offics required by 1%~ end ft fnrthor appearing to thIa board that the Xstr!at

.. ..~ Attorney of fiusk County, Taxeg, h??soertliied a question to thatAttorney Caneral of ~thestate of ‘i%xas, In regard to the at&us of the aald Subert Osborne 88 trustee of eaid dlstrlat ; **Xi Is thersfofe ordared by the County **B08rU** of Sohool Trustees that a~11orders herntofors entered by the board andwhich nowagp%ar bn the minntss 02 this boerd be set aside bemuse of the taat that this board did nowknog~thetrue status or”Hubert Osborne as trustee of said d1striat, and be+ owsa of auoh orders a8 nowappeer on recordt there rrould bs only two trustees for said dtstyilrt; and it is the further order of thi% board that the said Rubsrt Osborne shall continue to sca.v%as t,rustss of tha mid Pine Eill co&ion Bab001 pietriat Ko. 46, unti3. furth%r crders of tNe bosrd in the:eoent said opinion of the Attarnay G:anarel ehouLd be adverse to the olalm! of the said **Bubert** Q6bwns to said office.’ ~, .,:

“So a,ppeal wimlasde to the County Boarb other than tha or&emid%by Oabornetas refleotod by the above order. vi%night also note thtlt Ocborm haa hadhia cltlzensfiip restored to hln ainca t.he 13th day of ?:a~, &an we submitted OUTorl~innl~requestb* Based upon tho above faafs you ask the follbwlng qaestioar Doee the County Board ot Wuml Trustees of Rusk **County, Texas,**  **herve tka**  **power** at this **ti~xe to**  X4nofe Cnborne aa truatea of said dintriot, or deolnre a-?hoenoy 15 auoh Oftics and c;tpoint enot;her to taka his i&m%?

‘“Al%* 2746.


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. Noperson shall be trustea wha csxnet read and w1t.a the I:sqlish Lan;,uage fnteiigibly, rtind

v&ohe5 not been a reaidmt.of allah district for &Lxmmths px1or to hia elaot~on. Providing no person shall be qualifhed as trustee unless ha **is** a gmpsrtp taxpayer in the distrfot **r,** 

# i.

to which he is elsoted ejndotherwise a puallslt

(qualified) voter ih said distriot

. . . ., seiS1trusteas ahall first take Zhb)offielel oath an4 shall, es aooa as prnotioable, file s&mewith ,the County SuperintkIdent~or County Sddgr. All **raosnciee** shall b8filled by the County 2oard of Trustees for the reLmainderof the tom in xhioh the vaoanoy **o~oura~** . . em

"Ia% 9747.

‘fr a truatea so cleated or 6,npolatad es **here** in groylded, whoin the opinion of the oounty superintendanti does not possess the puallffcations pmsaribed by law the county auperintendant shall orefaae to reooe,13ze plushperson whohas been 80 eleoted and makewrit&an request within twenty days after .suoh eleotion, Ofths oounty attorney, or airrtriot attorney if there be no county attorney, to instltute end prosecute with dtaaatoh suit in the nameof the Sate for the removal of such trllstee, in the dlstiiot court of the county where such trustee resides, at the ‘optIon of said attorney. Upongood oause shown ~~it?An the dieoretlon of the aourt where such suit la pendin,%, .lt ehsll be lawful to enjoin and restrain such person from eating as suoh trustee dcrinE the pendecoy of suoh ouit. It shall ,be lawful to summon suoh truetee before thoucourt in the Srial of ouch oetxie, and there mke sxminatibn OPhimENI t0 hi8 guslifiostions to serve se auoh, If s.fter being 80 sumaneil, ouoh trustee rails, negleots or refuses to obey said su~~~oneand Pa3J.sto ap;:ear for the purpose of examination, an4 folls~ or refuses-to ’arubmft to such sXcamination, such failure, ne&iot or refumal **shall.** be prima faaie evlrlenoe of his dia$uolifioatlou, end beoeuse thereof the court trying oaoh cause shall be authorized to ran&m th8r0llpOZl judgn@ntby default against euoh trustee so defaultin?, rWAoolng himfrom his aeid ‘off ’ica and c?ac!larins, the same vaoant

. Thecminty boa?d of cEuct&fon of the county where suoh truate% has been eleatcd shall ap::olnt some suitable person, vihoia c;uallflod by law to agt ne such trustee, tf during the pendeooy af ziaohsuit reid trustee shall be enjoined from so rratinn. If ,auoh trustee so elooted shall be 80 rrmaved than such trustee so a??ointed shall oontinue’to se:*96 until.~,.

.

mmr&ie Joe C. Gledneg, Page 6

the next reqlsr eleotion of.school trustees sor such .dlatrict. The aountg bomd of eduoetion shall 1111.a vacancy in said offioe by ap>ointin~: a suitabla ?erson qgallf’iad by lsw to cot as trustees untfl~ tht next re:qular eleotion of eohaol truetees for such diatrlot.” :Teheve be& unable to find sny authority for the p~posltion that the County,Eozrd of 2ohool Trustees hae the ,p~er to rmove an unr,uel.ified soho trustee tmn office. Tothe cOt!trQQ', the natbod for euch reinoval ap?eers to be metout in i.rtlcle 2747, eup3-a.’ See StQtc cmrel Eevll.le 0. ganderson l38r,.:.;‘

. (2) 1058.

The faots showthat ~stOlTie i!ns duly eleotsd~ to the olflae or trllntett. diltles of trustao. Eohas been 

### and i,a nowperfomln~ the Eohas nm taken the oath of. offioe. Ve f!nd nofacts which vrouldjusltifp a determimtion by the County &?ardol Sahcol. Trustwa that Osborne has abandoned-or Veeated thqoffice of trustee,

Pe cocolude that the County Board of School Trusteea hasnoauthority to rmove Osborne from office. Measo of the opinion, further, that the Dow.%‘oannot at this time deolrre mob office vaoant.

Lee Shoptaa 

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