The Valley Virginian. [volume] (Staunton, Va.) 1865-1895, 1886-09-23
Imp ortAnt Decision.

In the supreme Court OF $Ifginia. az
Stanton, on he 10Th, Judge Fanltleroy
delivered the unanimous opinion Of the
Court, in the ease Of A. &. Pendieson W.
D. G. Miller. Involving the consi tuition
ality of the joint resolution passed by the
Legislature, Feb IS The joint rnsolu
ton was as follows:
Resolued {the House Of Delegates concurrine)
That the office OF county and city suparinien-
dents of schools in Ill cases shall be deemed
vacant the LIST day ofJuiy, 1886, and the rcgu-
lar term offonr years to commence on That day
and that all appointments and combinations
to fill vacancies in the offices of county and
city super1ntepdenJS OF schools shall be only
for the unexpired term of his predecessor
The following is the opinion of the Court:
THE CASE
This is an application on the part of Albert
G, Pendleton. a citizen of Smythe county, Va,
to the court for q peremptory maHdainus to
compel the restoration to the petitioner of the
office of superintendent of public schools of
Smyth county, and the books papers, and
emolunents of the said office, which he AYERS
are now usurped and withheld from him I'M
The petition sets out that the petitioner,
Albert G Pendleton, was on the 18th of No
Education. under the authority of the Consti-
tuition and laws of Virginia, superintendent of
schools for the county of Smyth for the term of
four years to begin on the lst day of July. 1885,
and to end on June 80, 1889. and that he was
duly confirmed and commissioned in said
office, and qualified under his said commission
legally appointed, commissioned, and quail
flied superintendent of schools for that county
until the 30 of June, 1885, that he duly en-
tered upon the duties. rights, and emoluments
of the said Office of superintendent of schools
dutiful discharge. enjoyment, and performance
of the same when the said ID. c. Miller seized
the said Office books, papers, and emoluments,
and ousted him from the same by unlawful in
trusion and usurpation.
RESPONDENTS CLAIM.
The respondent, d. G. Miller. demurs to the
N fTiaa in, 1ov ,cyyynrc
that he was on the 18th day of May, 1885, duly
appointed by the Board of Education of the
frmed as superintendent of schools for Smyth
county for term of four years, beginning July
|. 1886, and, having taken the oath required by
law, he, on july l. 1856, by virtue of authority
vested in him by his said appointment, conf1r-
nation, and commission MS superintendent of
schools for Smyth county entered upon the
duties of the said office, and is now and has
been since that date dscharging the duties of
the same that his said appointment by the
Board OF Education was made under and by
virtue OF the JOINT solution of the General
Assembly approved February 26, 1886, declaring
that the office Of county and city superlnten-
dents in al cases shall be deemed vacant on
the LIST day OF July, 1885, and the regular term of
four years to commence on that day, and that
all appointments and combinations to fill va
canc1es in the olfce of county and city SUPER
intendents of schools shall ALL be only for the I'M
The demurrer raises the question of the con-
sttutionality of the said joint resolution of the
General Assembly, of Virginia, approved Feb
of all county and city superintendent of
schools in all cases on the LIST day of July,
1886
CONSTITUTIONAL PROVISIONS.
By the With Article, section 7, of the Con-
stltution of Virginia, under the head of "Coun-
ty Organizations y it is provided "And there
shall be appointed, in the manner provided for
IN Article VII. one superintendent of schools ;"
and by section of Article VIII. it is provided
OF the Governor. superintendent of Public In
stfuetion, and Attorney-G General, which shall
anpo ,1, and have power to remove, for cause
confirmation by the Senate, all county super
intendents of public free schools.
1t is palpable that the office of county super
1ntendent of public free schools is a constitu-
tional office. and that the power of removal
cause and upon notice to the incumbents, sub
ject to confirmation by the Senate.
By the Constitution of Virginia, Article VII.
section |, the term of office of the county SUI
perintendent of schools was fixed at three
their election or appointment; and by an
amendment to the Constitution adopted No.
xember, ls74, found in Acts 1874 page 2Os, the
term OF the said office was definitely fixed for
four years. and to begin duly LIST next, after
appointment.
THE SCHOOL SYSTEM.
The public free-school system of Virginia was
inaugurated in 1870 and the superintendent
first appointed entered upon their terms of
office January !, 1871. and held for three-years
anne nded Constitution, the four years terms
began; and 1t now is a term of four years. dat
ing from July l, 1871 and each four years there
after.
The General Assembly of Virginia had no
constitutional authority to pass the joint res
office the county superintendent of public free
schools, nor to abridge their constitutionally
Board of Education appointed the respondent
d. G. Miller, on the 18th of May, 1886, to be
county county IS Of the public free
years, to begin July l, 1885, there was no va
cancy In said office, because the term of Office
of the petitioner, Albert G. Pendleton, as the
rightful and legal superintendent of schools
for symth county by virtue of his aforesaid
appointment of November II, 1884. for a full
Constitutional term of four years from July l,
1850, had not expired and would not expire
until June 80. 1889.
olution of the General Assembly of February
26, 1885, is null and void for repugnancy to the
under it by the Board of Education is null and
void and of no avail The rule nisi must be
made absolute, Let peTemtory mandamus
go.
The Staurton Post, paper edited by
colored men and in the interest of colored
men, runs up at the head of it's editorial
column the name of James Bumgardner.
jr. for congress. The editor says that if
in the late election Staunton Democrats
could vote for Yost and remain Democrats,
he cannot see why in this election Repub-
licans can't vote for Bumgardner and re-
main Republicans. - VS3odicator.
The Vi,addcator ought to know that
there is no such paper as the Staunton
Post printed in this place. A few num-
bers of a patent inside and outside paper,
called the Post, gotten up and printed out
side of Virginia, are sent to the post Office
here. It contains no editorials, that we
have ever noticed, and the person respon-
sible for its publication does not reside in
Stanton, or this district. His home is in
Alexandria.
The colored voter has as many rights. as
the white voter, and has the same right to
make selection of the ballot he will cast as
any other voter. His vote is his own and
he ought to deposit it as freeman for the
party and candidate of his choice. Such
as the one we have quoted will
deceive no one-will influence no votes in
favor of the Democratic party, but may
have the contrary effect Just at this
time there is much concern manifested
about the colored voters by our demo-
cratic friends From what we have heard
they are using other than legitimate argu-
ments to convince him that his interests
will be promoted by democratic success,
and the means employed may succeed in a
few instances. If so that party will be vel
come, not only to the votes thus secured
but to the exposure that will certainly fol |
low.
Col. r. S. Burks, superintendent of pub
lie schools for Botetourt county, is dead.
Marshall Parks Is the democratic NOM