The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1883-06-17
The Trnstees-The Law.

explained away. We have heard IL ru-
mored that I'm the Portsmouth case the
Court had said something which sounded
like declaration that the State Board pos
sessed the right TO appoint school trus-
tees. We see in the language OF the opin-
ion OF the court how that idea orlgi-
mated. The Court says the public-school
system was set in motion by the appoint
ment Of trustees by the State Board, but
that all vacancies which have since occur
red the City Council had for sixty days the
right to iii, and all vacancies which shall
occur this year, or any future year. the
City Council will have the right to fill il it
fills them within sixty days after they oc-
cur
The following is the article OF the Enter
prise:
The Court or Appeals and School
Trustees.
We publish below, in response &c. the re-
quest OF the Richmond Dispatch, the Ian
guage Of the Court Of Appeals in its deci-
sion upon the school case which went up
from this city, bearing upon the power o;
the Council to fill vacancies in the local
School Board caused by the expiration Of
term OF Office. The decision is quite
lengthy, hence we publish only such por-
lions OF 1t as bear upon the case in point,
and we will premise by giving few facts
so as to make the decision ineligible.
The original School Board for Ports
mouth was appointed by the State Board OF
Education, and the terms Of Office OF all OF
them expired in 1874. They were neither
reelected or reappointed; they were an
efficient body. doing their duty well, and
were silently permitted to hold on. In
fact. the City Council was not notified OF
the expiration Of the terms Of office OF the
trustees. Three vacancies occurred by
death some time after the expiration OF the
terms Of Office OF the Board, and these
were filed 10y the City Council. Mr.. O.
V. smith was the last Of these appoint
ments. and in 1882 the Council elected an
entire new Board, except Mr.. smith, who
had not served quite three years. Suisse
quent to the appointment Of the Board by
the Council the State Board Of Education
appointed another Board, and the Councils
Board applied to the Hastings Court for
this city for an injunction restraining the
State Boards appointees from acting as
school trustees. This injunction was
granted, and afterwards made perpetual,
and the Readjuster Board appealed to the
Court OF Appeals. That court held rs fol-
lows. After reciting the original school
law of 1sG9-'7O, it says:
"But the general act was wanting in
certain particulars in adaptation to cities
Of the State. so ut the succeeding session OF
the General Assembly an act was passed to
provide system OF public free schools in
the cities-acts 1S70-71, ch. sos, p. 405.
II provides that vacancies in the
Board OF school Trustees for city may be
supplied at any time within sixty days after
the occurrence, by appointment by the City
Council r, and should the City
Council in any case fail to act within the
time prescribed. it shall be the duty OF the
Board OF Education to fill the vacancy or
vacancies without further delay"
Further on it says:
"Grice. one of the original Board, died
November 10. 1915. having served fully one
year over a full term OF three years. His
office had become vacant in 1874, AND 1T
WAS ONLY WITHIN SIXTY DAYS THEREAFTER
that the Council could elect TO fill the va
cancv. vet it undertook 10 do 50 two years
thereafter Charles Il. McAlpine. another
Of the original Board, died February II,
1876. nearly two years after the expiration
OF q full term Of three years, so that the
Council had 10 right TO elect a successor i'm
his case. 1t is manifest, there
fore. that sand o. V. Smith has no claim OF
title. The five other appcllees have no bet
ter title. They were all elected in August,
1852, eight years after the expiration, in
any event OF the terms OF their predcccs-
sOrS.'
Here follows even stronger language
than the above
- school trustee is an officer. The act
creating this Office requires the State Board
of Education TO appoint i'm the first in
stance. and. i'm case OF vacancies occurring,
authorizes the City Council TO supply them
il done within sixty days, not after; but il
not done within that time. then the eX-
press requirement is that the State Board /
shall act. The terms OF Office Of each and |
all Of the school trustees for the city Of
Portsmouth became in the eye OF the Con- !
stitution, vacant in the year 1874.
Hence the action taken by the Council i'm I
June and August, 1882, was clearly I'M
authorized, null, and void"
This action Of the Council was taken /.
eight years after the offices became vacant. !
by reason OF the expiration OF the terms OF |
Office, and not within sixty DAYS. rs the !
law required. Further on the Court says: /
"The Office of school trustee is filed in /
the first instance by appointment by the /
State Board OF Education, and vacancies |
are supplied by appointment by the Coun- I
ell within sixty days, or failing that, by the I
Board Of Education. In this ease, ALL /
BEING VACANT, AND THE COUNCIL HAVING /
FAILED TO ACT IN THE PRESCRIBED TINE. there |
was no alternative but for the State Board |
TO act.o
1t will be seen that the Offices Of trustees
were all vacant by reason Of the expiration
OF their terms, and the Court held that the |
Board Of Education had the power to 6Il
the vacancies by appointment, not from
any original authority TO do so, but solely
because the City Council had failed to fill
them within sixty days. The point could
not have been more clearly decided.