The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1884-02-19
County suporintondents Of Schools.

County Superintendents of Schools.
The United States Recised Statutes
show, as we bave said heretofore. what In
the opinion Of Congress was the limit and
extent Of the power Of that body over
such appointments Of the President OF the
United States as the laws require to be
made by and with the advice and con-
sent OF the United States Senate. The
Legislature OF Virginia has, we take 1t, the
same power over such appointments OF the
State School Board as the laws require to
be made by and with the advice and con-
sent Of the Senate.
We can well understand how the State
Board OF Education may claim the power
to make all appointments OF county SUPER
intendents Of schools, though 1t Is dis
puted question whether that claim can be
made good in the courts or not. We have
heretofore alluded to this point. But for
that Board 10 claim the right to render
null and void the constitutional provision
requiring their appointments to be con-
firmcd by the Senate, is 10 CLAIM power
which neither the Legislature nor the courts
will, in our opinion, allow TO that Board.
Aud surely II the State Board can removed all
the county superintendents OF schools rs
soon as the General Assembly adiourns,
and put other men in their places, or can
refuse whiIet the Legislature Is in session to
send In appointments to the Senate Tor
counties already without superintendents,
and can proceed to ill those places as soon
as the General Assembly adjourns, the
constitutional provision requiring all APP
pointments OF county superintendent OF
public free schools TO be made by and with
the advice aud consent OF the Senate Is
nothing worth--is, as we have said, rem"
dered null and void by the laches Of the
State Board Of Education.
But this claim Of the State Board reaches
further. That Board claims, as we under
stand it, that although the terms OF its APP
pointees expire thirty days after the next
meeting of the General Assembly, these
appOiutees can then be continued in office
indefinitely by the failure or refusal OF the
State Board 10 send in new appointments
TO the Senate. In other words, person in
Office In violation OF the Constitution ac-
quires a constitutional right TO the Office by
the failure OF the Board to send in new
nominations after the incumbents under
the Boards unconhrmed action have been
rejected by the Senate.
that body legislatcd upon the same or a
kindred subject. We quote from the Re
uised Statutes of the United States, Sec
tion 1869:
"Tbe President is authorized to fill all
vacancies which may happen during the
recess OF the Senate by reason OF death. OF
resignation. or expiration OF term OF office,
by granting commissions, which shall eX-
pire at the end OF their next session there
after. And If no appointment by and with
the advice and consent OF the Senate is
made to an Office so vacant or temporarily
filled during such next session OF the Sen-
ate, the office shall remain in allegiance,
without any salary, fees, or emoluments at
tached thereto until 1t is filed by appoint
ment thereto by and with the advice and
consent OF the Senate; and during such
term all the powers and duties belonging
to such office shall be exercised by such
other officer as may by law exercise such
powers and duties in case OF vacancy in
such Office"
That doesn't read as II Congress had
no control over the matter. The Virginia
Legislature has of course the same control.
The State Constitution, 1t is true, provides
that all officers shall continue to exercise
the duties Of their offices until their sue
cessors are elected and qualified. That
means officers properly in Office, not usurp-
ers. Ii means officers entitled to remain in
office, not those whose title has been taken
from them by law. IL means constitution
ally appointed officers, not officers attempt
ed to be kept in Office in violation OF the
Section I771 OF the ReUised Statutes
provides for fining or imprisoning every
person who contrary to the law quoted
above accepts Office or attempts to hold or
exercise the duties of an Office.
Section lT72 provides that every appoint
ment made contrary to the law quoted
above shall be high misdemeanor punish
able by imprisonment for not more than
FIVE years, or fine of not more than ten
dollars, or both.
These sections show, we think, that the
appointees of State Board who are re-
jected by the Senate ought by the fact OF
that rejection to be out Of Office. Either
this is true, or else the constitutional pro-
vision is not worth quoting or preserving
which says that all these appointments
shall be made by and with the advice and
consent OF the Senate.