Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1866-05-26
THE COUNTY SCHOOL sUPERIN'
TRNnENT.

Judge Mesick this morning renaei@
decision in the case Of DaSge's %. Col
Inns, in which he declares Dassesss elec-
t;on invalid, but holds that the office
Of County Superintendent was vacant
nom and after the last November election.
The case, of course, will be appealed.
Afer the passage Of the School Law Of
.s4.5, Collins was appointed Superinten-
den. BY the Board of County Commission
ers, acting under the following provision
Of the law defining the Commissioners
duty:
SEC. 10. When q vacancy shall occur in
any county or township Office, except the
Office Of County Commissioner, the Board
Of County Commissioners shall appoint
soon suitable person, an elector Of the
county, to fill the vacancy until the next
general election.
It will be borne in mind that this Office
of Comfy School Superintendent was
created by the law; and the Supreme
Court ousted Tilford, who plead the Con-
ss~isutional provision in behalf Of his claim
to hold until 81.
Section l6 Of the School Law reads:
SEC. l6. A County Superintendent Of
Public Schools shall be elected in each
county, at the general election in the year
eighteen hundred aud sirty-sir, and every
two years thereafter. who shall take his
Office on the first Monday in January,
next succeeding his election. and hold for
two years, and until his successor Is elect
ed and qualified.
It will oe seen that there is no provision
for the election of a County Superinten-
dent by the people. until the general
election Of 1866. So Judge Mesick holds;
and therefore declares Daggett not entitled
to the seat. As this was a suit brought
by Dsggest against Collins, not ez. REL,
but as a personal action Of ejectment and
for possession, it would seem that the
matter was ~legitmately determined at this
point.
But Judge Mesick goes on to decide
that Collins appointment only held good
up to the " general election Of 's5-nos-
withstanding no superintendent Of Schools
could be elected that year, as the school
law expressly provides for q first election
in 1866. In other words, i is decided
that the happening Of the general election
of'65 caused a vacancy In the Office named
which the Board were authorized to
fill. So the same Board of County Commits
sioners are said to have the naming Of an
incumbent for a County Office, in two sep
arate, fractional terms. Having appointed
Collins, uader the School Law, in 1866,
they had a right and it was their duty to
re-appoins him or appoint his successor
Immediately after the general election last
Fall. The term Of a County Superinten-
dent Is fixed at two years; and the first
term for which the people can elect COM
mences in January 1857. The Judge re-
fers to the llth Section of the XIV. article
the Constitution, in support Of his decis-
sion; a reference that seemed to US, on the
hearing Of his opinion, to be very far
fetched if not wholly irrelevant. We
shall look for his published argument
with interest. Meanwhile we must con-
fess thst the decision appears to be very
much mixed; something after the order of
the celebrated Archy decision Of Judge
Burnett. It rules out both parties from
the Office, and asserts that a vacancy exists
and has legally existed since last Noyem-
Der. It's q case Of Quien Sa6e.
Col. Collins feels confident Of q decis-
ion in his favor by the Supreme Court.
so certain was he Of his right to the Of
Ace, until 1867, that he did not push
for q nomination before the last
County Convention. His conviction,
that a County Superintendent could
not then be legally chosen by the
people is affirmed as correct, by
Judge Mesick. But, it is insisted
that the last general election, by
virtue Of its occurrence elected" q
Vacuum in the Superintendent Office.
The business Of the Office has been admira-
bly, conducted by Col. Collins, up to date;
the created Vacuum has been properly rep
resented, all this while, BY R. N. Daggets.