The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1886-10-07
County School superintendent.

b0ll vi SeISatlOldl NATURE ABOUT tI6
status of the Superintendent Of Public
Schools, that we have thought it best to
present in full the brief of Craig & Paul,
the attorneys for Mr.. H. Sheffey Roller.
in applying for mandamus compelling
Mr.. G. 7. Jordan to deliver up the books.
&C.. of the Office to him. It is u judicial
paper and states the points upon which
Mr.. Roller relies in his claim as the legal
Superintendent of Public Schools for Au-
gusta county
To the Honorable JUDGES of the Supreme Court OF
appeals of Viryinta:
The petition OF H. sheffey Roller, citizen OF
Augusta county. Va.s respectfully represents
That on the 18th day OF June, 1888, he was duly
appointed by the Board of Education. under
authority Of the constitution and laws of Vir-
Of Augusta for the term of four years, to begin
on the LIST day OF July, 1885, and to end on the
such superintendent herewith filed, marked
"a" as part of this petition. That he qualified
under his said commission on the 10Th day OF
pointed, commissioned and qualified Superifs-
tendent Of Schools for Augusta county until the
seth day of June, 1887; and entered upon the
duties of said office on the LIST day of July 1888
Virginia on the 9Th day Of January, 1881, pursu-
Your petitioner further represents that the
last General Assembly of Virginia ACTS 1856,
page 2S chap; ais Ss,, by Joint resolution ap-
solved, That the office of County and City Su-
pe1intendents of Schools, in all cases, shall be
the regular term OF four years to commence on
that day, and that all appointments and COLI
flrmations to fill vacancies in the office OF
County and City superintendent of Schools
shall be only for the unexpired term of his
predecessor"
Illus T. Jordan, also a citizen of Augusta county.
was appointed by the State Board OF Education
and after the approval Of the aforesaid joint
resolution. and pursuant thereto. and by rea-
son thereof, he was confirmed and commits
stoned as such Superintendent; his term to
begin on July LIST. 1886. and to expire on June
Your petitioner AYERS that the said Corne-
Illus T. Jordan has, under his appointment, &C.,
ras aforesaid, seized the office. books, papers,
&c., of Superintendent OF Schools of Augusta
county, has ousted your petitioner, and unlaw-
fully deprives him Of the said office, its duties
and emoluments.
appointed, qualified and commissioned super
tRtendent Of Schools for Augusta county. at
least, until June S0th, 1887; that the said Cor
the same, and that the joint resolution under
which which he was confirmed and commits
tuition Of this State, and is therefore null an d
void, and all action taken under it is likewise
null and void: See Pendleton VS.. Miller lately
By reference to page Ill of Virginia School
Report, 1885. 1t wAl be seen that prior to the
five appointments OF school superintendent
for Augusta county,-,arst, Jed. Hotchkiss, who
never qualified because he could not take the
oath second, Barnas Sears. VINO refused to &C
ISL. confirmed January 9TH, 1872, and. after
4. 8. Hamilton, appointed twice first on sep
tember 9th, 1878, and second on December 9th,
1876; his first term Of service ice was from Janua-
der his second term he served until the date OF
his resignation in December, 1873 (about two
oe e i7th. 1878 upon resignation Of DR.. Ham
tlton), and who served for the four years be-
ginning July LIST, 1879. and ending June Both,
| 1888: your petitioner succeeded Mr.. Grattan on
| July list, 1858, as aforesaid.
| Your petitioner now refers to the constitution
| OF Virginia as amended in 1874. BY the With
Article, section LIST of that constitution (under
| the head Of County Organtzations) 1t is pro-
vided ;-"And there shall be appointed. in the
manner provided for In Article eight, one su-
perintendent of Schools" and by 2 OF Article
| VIII it is provided that-"There shall be G
nor. Superintendent OF Public instruction and
Attorney General, which shall appoint and
have power to remove, for cause, and upon
ton by the Senate, all County Superinten-
dents Of Free Schools"
| Bye of Article VII 1t ia also provided that
| tall officers elected or appointed under this
provision. shall enter upon the duties of their
offices on the LIST day Of July next succeeding
offices for the term OF four years, except that
county and circuit court clerks shall hold their
Also OF Article VII says: 1.-THE General
Assembly, at its first session after the adoption
OF this constitution, shall pass such laws as
may De necessary to give effect to the provis-
Ions Of this article
| Pursuant to this authority the General AS
sembly on January 18th, 1877, passed an Act
(Acts 1867. chap. is, page ls) providing that
"there shall be appointed for every county, in
| the manner provided for in article eight Of the
The regular term Of office for such superinten-
dents shall be four years from the first day OF
CT1Hn jnrf hair It,fr
| in case of vacancies, they shall discharge the
duties of their respective offices from the IL
constitution, until their terms begin; and the
term Of office OF superintendents heretofore
| appointed and confirmed shall expire at the
| expiration of the time for which they were re-
| spectively appointed"
| Your petitioner therefore claims that he was
legally 1nducted into his office on July l, 1888
| for the constitutional term OF four years from
that date; he has never been removed there
from by the Board of Education ''for cause and
claims the right OF performing the duties and
atthe least until July 80, 1887.
But petitioner further claims that this court
nas nox IN the case Of Pemden I'M Miller
years terms OF School superintendent began on
4 July l. 1877; the Constitution does not contem
plate vacancies in this office, nor does it pro
| vide for the filling OF a vacancy when 1T occurs
1t says aoiteout qualification, that the term o.
| the LIST day of July next succeeding his ap
pointment and shall continue for four years
thereafter. no matter whether it is to fill an
pointment. Of course, to be legally made.
The Constitution then, being silent as te
the power granted It BY 4 Of Article VII, above
quoted. proceeded to pass the act of January
alth lssz, lActs 1877 chap; Is, page ls) above
vacancies, they shall discharge the duties OF
their respective Offices from their first appoint
ment and qualification, under the constitution
until tho1r terms b6gin,''
| Your petitioner was appointed on June It'll
1883, and he succeeded Charles Grattan on July
words OF the constitution, would run for four
years thereafter. but should it be contended
expired term, then petitioner claims that UNI
der the said act Of January l1th 1877. his regular
Term would not begin until the expiration Of
| TIL June Soth. lSS9-four years thereafter.
Your petitioner further represents that the
said Jordan agreed with him to await and abide
by the decision of Pendleton VS.: Miller; and
| up his claim to the office. and placed in the
office OF tho County Treasurer OF this county
| the books and papers In his possession to be
surrendered to petitioner; but before petit
toner obtained said books and papers Jordan
| had changed his mind, having concluded to re-
and Ii holding on to the said books and papers
and Is now claiming and attempting to perform
fled herewith as part OF this petition, dated
Sept. 18TH. 1885,, showing that at that time he
Yielded to the decision OF the Pendleton vs. Mil
| Ter case.
Petitioner therefore comes into court and
says. that although he has demanded a restora-
tion OF said office, books and papers. yet the
said Jordan has refused to surrender them and
Still holds the same and deprives petitioner
thereof; therefore he prays your honors that
q rule may be awarded against Cornelius T.
Jordan. returnable to an early day of this term.
IN behalf Of petitioner, and then he (Jordan)
ity. ne withholds the possession of said office,
books and papers from petitioner. and that on
return OF same. or a hearing of this petition,
your honors will award him peremptory man.
damus compelling the said Cornelius T. Jor-
dan to surrender and restore to petitioner the
use, possession and enjoyment Of said office,
with Its books. papers, rights, privileges and
emoluments.
And as In duty bound he will ever pray, &c.
II. SHEEgEY ROLLER, Superintendent. &C.,
By Counsel.
Exhibits referred to in above petition:
:sa1 1sT EXHIBIT ga"
The Commonwealth Of Virginia,-To all whom
these Presents shall constructing:
Know ye, that our Board of Education by
virtue Of the power and authority vested in it