Marshall County Republican. (Plymouth, Ind.) 1856-1878, 1875-04-01
plymouth Repnbhran
JOHN MILLIKAN. EDITOR
THURSDAY, APRIL 1, 1879.
The New school Law.
IMPORTANT COMMUNICATION OF THE 4
nODOry

IOhNE1 GENERAL.
Attorney General Busairk, by request
OF the Hon. j. H. Smart, Superintendent
of Public Instruction, has rendered an
important opinion upon the new school
trustees. His opinion was requested in
answer to the following questions, and is
quoted in full thereafter:
I. Should the councils Of cities and
boards of trustees OF incorporated towns
elect one school trustee IN April OF this
year,
?. II yes. when will the term of office
OF each of the members of the Board of
School Trustees, as then constituted, ex-
pire!
g. If no, when will the term of Office
Of each OF the members Of the Boards of
School Trustees. as now constituted, ex-
pire?
The act which was amended by said
act of March IL, 1875. provided that the
common council of each Incorporated
town in this State shall ut their first reg
ular meeting in the month OF April elect
three school trustees who shall hold their
office one, two and three years respective.
ly, as shall be determined by 10y at the
time of their organization, and annually
thereafter shall elect one school trustee,
who shall hold his office for three years.
The amendatory act of March IL, 1879.
provides that the common council OF
each city and the board of trustees of
each incorporated town of this State
shall, at their first meeting in the month
OF June, elect three trustees who shall
hold their office one. two and three years,
10 trt,s dot.
mine by lot, at the time of their organi-
zstion, and annually thereafter shall elect
one school trustee who shall hold his
office for three years, ETC.
The act of 1875 contains an emergency
clause, and think results In this, that
no election of school trustees can take
place in April, as heretofore, except in
case OF death or resignation as explained
below, and that at their first meeting in
the month of June next, it will be the du
~ of common councils and boards of
trustees Ia elect new boards Of school
trustees in toto. Your communication
mentions that the act of 1879 contains
NO repeating clause. In my opinion such
clause was unnecessary. as the act was
amendatory and a substitute for the
provisions of The act amended, repealed
the latter by implication Nor is there
anything in the office of school trustee
to prevent such officer from being "legis
lated out os office"
The act of 1875 provides that all va
cancles that may occur in said board of
school trustees shall be filled by the com
mon council of the city or board of trus-
tees of the town, but such election to fill
a vacancy shall only be fort une expired
term. This provision applies to those
cases where vacancy occurs through
the death, resignation, or removal o.
school trustees. The interim of time be
tween the expiration in April next of the
period Tor which certain school trustees
were elected, and of the election Of new
boards of school trustees in June next is
provided for in the constitution of India
ma, article XIV, section 3, which says,
whenever it is provided in this consti-
tuition, or in any law which may be here
alter passed, that any officer, other than
member of the General Assembly, shall
hold his office for any given term, the
same shall be construed To mean that
such officer shall hold his office for such
term and until his successor shall have
been elected and qualified" Plainly uH-
der this constitutional provision, school
trustees, whose terms of office would
have expired in April next, will now. be-
cause of the act of 1875. continue in office
until their successors shall be elected and
qualified under the electors To be held in
June next.