Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-10-10
ROLLER vs.. JORDAN.
THE CASE OF THE suPERINTESDENroF
SCHOOLS OF AUGUSTA.
a Decision by the Supreme Court OF Ap'
peals-The Text Of the De-
eision.
IOcrrespondeuce o, the Rlchmond Dispatch.


STANTON. October p, 1880.
The controversy III relation 10 the Office
OF superintendent OF schools OF Augusn
county wss decided yesterday in the su-
preme Court Of hppeals-Judgc Hinton
delivering the opinion, in which all the
Judges concur. 1he style OF the case vas
Roller rs. Jordan, upon a petition Tor
mandamus requiring the latter TO turn the
office Of superintendent OF schools over 10
The trSt named party. Following Is Tue
opinion
In PCndclon rs. Miller, decided at THIS
tenn, this court held that the regular terhS
Of equity and city sppernlcndent' OF
schools. under the constitutional amend
mcnt adopted IN November, 1891, tsee Acls
Of 1874, page 20S,l commenced on the ~
July, 1877. and expired with the 3Osh
JuGc. 1871. RE second regular term,
therefore, began on the 1T July, 1881, and
ended on 30ih June, 1885. The third rcgU-
lar term. therefore, began on the 1T july,
1855, and ends on Both June, 1889.
On the eth Of June, 1888, the petitioner,
II. ShCGty Roller, was duly appointed ~.
pcrlntcndent Of schools for the county OF
Augusta, aud soon thereafter quilted and
entered upon the discharge OF the duties OF
that Office. Under tie repeated decisions
Of this court, now too familiar TO be cited,
be was olecttd 10 till the uneXpircd term
ending June 50, 1885, and since tia, time
has been mere iocum t6n'riS, holding the
Office only by virtue 0f the constitutional
provision which allows persons elected To
Office to hold over until their successors are
appointed and qualified.
ON the Goth OF February, 1856, the re-
.pOudCnt, Cornelius +. Jordan. was duly
a to nA tff agsih nft
proper authoriy-thc STATE Board OF Flu
cation. He aftcrward. qualified, and on
the 1T Of July, 1856. took possession OF
the Office. which he t. entitled TO hold I'M
al the 1st Of July, 1889. II i doubtless
true thst when the state Board Of Educa-
ton appointed the respondent to this Of
fee they believed the joint resolution OF
the General Assembly, approved February
20, 1856. which undertook to vlc1tc the
Offices OF all county and city Superintcnd-
entS, was valid and binding, and that they
had authority, under the provisions OF that
resolution, to make TIE appointment. In
that they were mistaken, for that joint
resolution, in 50 far rs it under
takes to vaca,e the Office OF all city
and county superlntendentS OF schools, and
to FIX the time for the beginning OF the
regular term OF those offices on the lst OF
July, 1856, j., as we declare In Pendleton
rs. Miller, null and void. But this circum-
stance does not affect the validity of the
appointmtnt OF the respondent, for the
term of office was vacant both ut the time
# his appointment aud qualification and
rs the State Board Of Education Is vested
hy the Constitution with the power to fill
such vacancie., their appointment OF the
respondent is valid. 1t cannot affect the
case that they did what they had the right
mi authority to do for wrong reason. II
follows that the respondent Jordan Is entl-
tied TO ill the uneXpired portion OF the
tenn which commenced on the lst OF july,
1855. and will terminate on the 3Oth OF
June. 1889.
The writ must therefore be refused, and
the rule discharged.
The court VIII adjourn this afternoon.
OTHER CASES.
The following is summary OF the fur
thcr proceedings in the Supreme Court OF
Appeals Yesterday:
,Joln X. Cunningham vs.. j. NJ. Miner
and others. Submitted on briefs.
II. +. Smith V. Waugh and others.
Continued.
Hartsook's administrators VI. Craw-
iord's administrators. Continued.
ogden vs.. Brown. Continued.
Boulware ". Lewis. Removed TO Rich
mond.
Tucker vs.. fuckers curator. Submitted
on brief.
McLanc VS.. Harris. Writ OF certiorari
awarded and continued.
Johnston's administrator vs.. Richmond
and Allegheny railroad. Continued.
Mays, Judge, W. Sperry aud others.
Dismissed for failure to print. d.
Rosenberger vs.. Kellar's administrator.
Dismissed. Failed to print.
Broyles ". Keyser. Rule discharged
and mandamus refused.
Winner vs.. Winner. Reversed.
Scott and wife VS.. Rowland. Reversed.
Wall vs.. Smiths administrator. Re-
versed.
McMullen VS.. Church. Reversed.
PolndeXter vs.. Burwell. Reversed upon
one point with costs.
The case of Broyles ". keyser, noted
above, is similar to that OF Roller W. Jor-
dan. The decision In this latter case, de-
! livered by Judge Hinton, was reported to
the dispatch Yesterday, the day it was de-
li,ercd.
NEWS NOTES.
| At the adjournment Of the County Court
Yesterday sfternoOn thiriy-onc witnesses
had been examined on the side Of Coyner
| 10 prove insanity. The Commonwealth has
! an equal number
Mr.. J. e. Ley, Of Danyille, Grand Master
ofthc Grand Lodge OF Odd.FellOws in Nirgi-
mia. visited the lodge in this city last Thur.
day night. This is an official tour, and he had
passed over the greater part OF the state
when here. At Mt. sidney, IN Augusta
county, there is another lodge, which also
received 4 call from the Grand Master.
| CANTON.