Belmont chronicle. [volume] (St. Clairsville, Ohio) 1855-1973, 1870-04-28

the law itself, to avoid misunderstand-
ing, provides that on the second Monday
|ol april, every year after 1858, there
81 IL he elected lone school director for
tie term OF three years. He is to be
elected to that particular Office and for
that particular period, and when a va
cancy occurs "a director shall be elected
for the remainder, if any, of the unex-
pired term" But say these very pro-
found lawyers, the director to fill the
vacancy is to be elected "in the manner
prescribed in section two." True, and
SO is the director for three years who is
to be elected every year, and yet not
even the obtuse understanding of this
Gazette lawyer would claim, that if two
or more candidates were running at any
such election for three years, there be-
ing no vacancy, and tie should occur
the duration of term would be determin-
ed by lot! The "three year" term and
the vacancy" are distinct and seperate
offices and no man could be elected and
serve in both at the same time. They
are run without reference to each other
and the votes for each must be kept
separately. What is meant by holding
the election ''in the manner prescribed
in section two" is, that the qualified
voters shall assemble and organize and
elect by ballot as provided in that Sec
ton, but it does not mean that they
shall elect three as provided in that Sec
tion and then determine by lot how long
each one shall serve, as that provision
only applies to the first election under
the law. We are not left, however, to
reason out the intent and meaning of
these sections of the law, as they have
been examined and determined, on
questions arising under them, by those
authorised to construe them. The State
School Commissioner in commenting
upon these sections of the law, after
consulting the best legal authority says,
page z School Laws:
TERN OF OFFICE.-The following provision
of this section, viz: 'of those elected, the per-
shall hold his Office for three years: the person
receiving the next highest number, shall hold
the Office for { 40 years; and the person receiv-
ing the next highest number, shall hold the
Office for one year'-was intended to apply only
to the first election held under the law When
a vacancy occurs in the office of director by
death, resignation, or otherwise, making il
necessary to elect two directors at school
meeting. each voter should designate IN his
three years, and VIII ch is to fill the vacancy
Aforesaid. See section 3.
TIE VoTE.-The provision for casting lots
in case of two or more persons elected have re-
ceived an equal number of votes applied only
to the first election under the law, and related,
not to the election of directors, but to the dud-
t0n of the official term of those already elected.
a tie vote at a school election is failure 10
elect. Whenever two persons receive an equal
number of votes, another ballot should be ta-
ken, either at the tipe or at an adjourned meet
ing. successive ballots may be taken at
school meeting, If necessary to effect a choice
of director"
If additional testimony were needed
We have it in-this very case, as it has al
ready been submitted to the State
School Commissioner, and the follow
ing very conclusive answer given:
OFFICE OF
STATE COMMISSIONER OF Com. SCHOOLS.
COLUMBUS, o., April p, 1870.
ALEXIS COPE st. Clairsville Bel Co., o.
Dear Sir: The ruling given on p. of school
laws gives the IuTee years Term 10 GeO. brown,
and the unexpired term to Alexis Cope, 1ohich
is also The vieaU Of the present Attorney General,
tPond) Yours,
W. D. HENKLE.
We are forced to the conclusion, no
matter how severely it may reflect upon
the honor or honesty of the parties who
are attempting to hold the control of
our school affairs against the expressed
wish of our people, that they are deing
it msliciously, concious of the illegally
of their claim; for we will not reflect
upon their intelligence as lawyers by
that they have not sense
enough to comprehend-a proposition of
law SO plain and palpable as this is