The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1882-02-23
County superintendents of Schools.


County superintendent Of Schools
The power which the Constitution con-
fers upon the Board OF Education IN re-
gard TO the removal Of county snperin-
iendents Of schools is not the absolute
right 10 remove them. but the power TO re-
move them "ior cause" The wing
knows what these two words mean. Their
meaning may be inferred by persons not
killed in legal tcchnicalities from the
words which Immediately follow the two
ouoted ahovc-namcly, land upon notice
10 the incumbcnts."
We have no wish to deny 10 the General
Assembly any power which Il is entitled to
exercise. We have not argued as IL politi-
eel parties had ught to do with any Of the
,ucstions involved in the contest as TO the
right Of that body TO remove officers whose
tenure OF office is protected by the Consti-
tuition. We have treated these rs ques-
lions which ought TO he decided with
out regard % party differences. We
hold that judges, county superintend-
cnts Of schools. and all other oincers
the length Of whose terms OF Office Is
liked by the Constitution, are protected by
that instrument from being lcgislated ont
Of Office. We have quoted very strong
ease from Chief-Justicc PIERsoN, OF the
supreme Court Of Appeals OF North Caro-
lima, bearing upon the point indicated,
We cannot even imagine that there is any
doubt rs 20 the truth OF the general propo-
,ition: and we guess that the wig would
agree with Us IL the Zig Four and
the House boilers should happen 10
secure majority in the Legislature,
and undertake to legi~late the Governor
ont of office. And yet the Legislature has
exactly the same right to leg>late him out
that il has 70 remove any other officer un-
der section - OF Article v, so often cited by
the Wig. That section reads a. follows:
"Tbc General Assembly may
declare the cases in which any Office shall
&c deemed vacant where no provision Is
made for that purpose in this CONSTITUTIONS
The Wig has mentioned the above rs
authorizing the summary removal Of Judges,
notwithstanding that the Constitution itself
expressly provides how judges may be re-
moved. II is clear. therefore, that although
the Governor is mentioned in the section
which provides for the impeachment Of the
Governor. LicutenaHt-GOvcrnOr, judges,
and all Others. yet as there is a mode Of re-
moving judges expressly provided, there
would be more pIausibility in claiming that
ne could be removed under the section
quoted above than i'm claiming that the
officers named in section 1G could be thus
put out Of Office by a legislative declara-
ton that vacancy existed therein.
II the Wing will concede the power Of
The General Assembly TO remove the Gov
crnor at will, or to legiSate him ont Of Of
fcc either this winter, on next winter if
our present legislators should come back
then with instructions from the people 10
undo their work OF the present session,
VIC shall he forced To admit that it has
made up it, mind to follow It's arguments
Upto their only logical conclusion. County
>uperintendents of schools are as thorough
~ protected by the Constitution as the Gov
crnor. The terms OF Office of both are fixed
10y the Constitution, and cannot he changed
hv legislative declarations. 1t Is to be
hoped that the Legislature will see for IT.
self that il would be a violation III the Con-
>;i;ution to attempt to legislatc either out
Of Office.
By the way. the Governor vetoed the
bill because one Of its features
was such a one As the supreme Court OF
Appeals had pronounced unconstitutional.
Evidently the Governor knows that it is
the duty Of the courts, and not that OF the
Legislature. to decide questions Of const-
futional construction.