The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1875-04-01
SCHOOL TRUSTEES OF CITIES.

OPINION OF ATTORNEY GENERAL BUsKIRK-
ELECTIONS TO OCCUR IN JUNE INSTEAD OF
APRIL.
The following reply to interrogations by
the state superintendent is official:
To the Hon. James H. Smart, Superintendent of
Public instruction.
SIR have the honor to ackno Wedge the
receipt OF your communication of this date.
/ in which You call my attention to the act
approved March II, 1879, entitled, 'An act to
amend section / of an act entitled AN
act 70 provide for general system of
common schools'u etc. You reouest nv
opinion in answer to the following Ques-
tons:
L. should the councils of cities and the
boards Of trustees of incorporated towns
elect one school trustee in April this wear?
Q. If yes, when will the term OF office of
each of the mambers of the boards of school
trustees, as there constituted, expire?
3. II no, when will the term of cffice of
each of the members OF the boards af school
trustees, as now constil uted, expire?
The act which was amended by the said
act Of March Il, 1875, provided that
the Common Council of each
incorporated city and ths board of ministers
of each incorporated town, in this state,
shall, az their first regular meeting In the
month of April, elect three school trustees
who shall hold their Office one, two and
three years respectively, as shall be deter
mined by lot at the time of their organize
ton, ana annually thereafter shall elect one
school trustee who she'll hold his office for
three years, etc. The amendatory act of
March II, 1875, provides that 1.-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 school trustees.
who shall hold their Office one. two and
three years respectively. rs said trustees
choll dofo 0fv,ka LOT
organization, and annually thereafter shall
elect one school trustse who shall hold mis-
offc5 for three years, etc. The act of 1875
contains an emergency clause, and think
results in this, that no election of school
trustees car take place in April
IS 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 duty of common coun-
ellis and board of trustees 10 elect new
boards OF school trustees in toto. Your COM
munication mentions that the act OF 1875
contains no repeating clause. In my opin-
ion such clause was unnecessary as the |
act was amsLdatory and as a subs.i- |
tute for the provisions of the act
amended, repealed the latter by i'm
plicatlon. Nor is there anything in tie cf1ce
of school trustee to prevent such officer |
from being legislated out of Office" The |
act OF 1875 provides that ell vacanies that
may occur in said board of school trustees
shall be filed by the Common Council of the
city or board Of trustees of the town, but
such election to fill vacancy shall only be
for the unexpired term. This provision,
applies to those cases where a vacancy oc-
ours through the death, resignation or re-
moval OF school trustees. The interim of
time between the expiration in
April next OF the period for
which certain school trustees may have
been elected, and the date of the election of
new boards of school trustees in June next
8 provided for in the constitution of In.
Llama, article XIV, section III, which saws:
Whenever it is provided in this constitu-
ion, or in any law which may be hereafter |
passed, that any officer other than member .
IF the general assembly, shall hold his !
'fhce for any given term, the same shall be ,
Construed to mean that such officer {
hall hold his Office for such i
ers1, and until his successor shall have 4
,een elected and qualified" Pisinly, under G
his constitutional provision, school trustees. /
whose terms of Office would have expired i'm v
april next, will now, because of the act of I
SIS, continue in Office until their successors 8
hall be elected and qualified, under the a
lections to be held in June next. d
Very respectfully, ETC., a
G. A. BUsKIRK, Fl
Attorney General. G