Staunton vindicator. [volume] (Staunton, Va.) 1860-1896, 1886-10-01

Jordan that VIII nOG DISPOSE VI MI. AeOi
ler's claim.
Mr.. Harman.-If we recognize Mr..
Roller. he has no funds to carry on the
schools with.
THE BOARD AND JUDGE STOUT.
On motion of Mr.. Hartman, Judge
Stout, the County Judge, was sent for to
be present and assist the Board with his
advice.
Mr. Moorman-Suppose we recognize
Mr.. Jordan now, and let the Court OF APP
peals make plain hereafter what is the ef-
feet of their decision. If we intend acting
for the best interests of the schools. and
having them opened for Che children. that
is the best way; for with any other course
we are without the money to do anything.
At this point Judge Stout arrived and
the two commissioned Superintendent
were sent for and came in.
SUPERINTENDENT ROLLERS STATE
MENT,
Mr.. Roller. How am to understand
this action. Is it binding for to-day, only?
The Chair.-Yes sir.
Mr.. Roller.-Then 1 will give the STATE
ment desired. After the joint resolu tion
was passed by the legislature vacating the
offices of school superintendent, thirty
three of US whose Offices were vacated by
it, met in Richmond and concluded to
make test case before the Court of Ap-
peals, which would decide all. 1t has
been before that court and you know the
result. In the meantime, and before the
: decision of the court, wrote to State Su-
perlntendent Buchanan telling him how
things were in this county, but adding
that was willing to go on and make out
my report and then abide the decision of
the court whatever it might be. Mr..
: Buchanan replied that under the circum-
stances he could not recognize me, but he
would be governed in all our cases by the
decision of the test (Wythe CO.. case then
before the court as deciding all our indl-
vidual cases. All the data in our indi-
| vidual cases was placed in the hands of
the Court of Appeals in this test case. even
to my four years commission from the
J State Board. My commission is dated
hold and claim the Office. Under that Com
mission and the recent decision of the
Court Of Appeals, ask this Board to
cooperate with me as Superintendent.
SUPERINTENDENT JORDAN's STATE
| MENT.
| Mr.. Jordan said: I claim recognition
here because of my appointment to the
position Of Superintendent by the State
Board on February goth of this year; be-
cause of this telegram from the State
Superintendent there he read the telegram
given above) and because I this morning
received from the same officer draft for
$11, 200 of the educational fund to be ex-
] pended on the schools of this county.
claim that my case is not like the test case
and is not touched by che decision of the
Court of Appeals. I do not hold my
Office under the joint resolution of the
! legislature which has been pronounced
unconstitutional, but on the ground that
I was appointed to the office which was
vacant July 1, 1885, under the decision of
the Court Of Appeals in the test case:
4 .'The public free school system of Virginia
| was inaugurated in 1870, and the superinten-
dents first appointed entered upon the& terms
of Office January 1, 1871, and held for three
[ years terms, until July 1, 1877 when, under
the amended Constitution, the four-years
terms began; and it now is a term of four
years. dating from July l, 1877, and each four
| years thereafter.
claim with the court that the term of
all Superintendents expired July l, 1885.
under the constitutional provision, and
that Mr.. Roller has. ever since that date
been only holding over until his successor
!, was appointed. I am sustained in this
construction by the Attorney General of
the State, by the Superintendent of Public
Instruction and by others.
| MIR. ROLLER g REPLY.
Mr.. Roller.-Mr. Jordan did not read
all of the courts decision bearing on his
case. He did not read this which follows:
'sBy the With Article section 1, of the
Constitution of Virginia, under the head of
County Organization" it is provided: "And
there shall be appointed, in the manner pro-
vided for in Article VII, one superintendent
of schools" and by section of Article VIII,
| it is provided there shall be a Board of Edu-
cation composed of the Governor, Superinten-
dent of Public Instruction and Attorney
General, which shall appoint and have power
to remove, for cause and upon notice to the
incumbents, subject to confirm alton by the
Senate, all county superintendent of public
| free schools
! 1t is palpable that the Office of county SUI
perintendent of public free schools is con-
stitutional Office. and that the power of re-
moval from that Office is expressly lodged by
| the Constitution with the Board of Education,
for cause and upon notice to the incumbents,
subject to confirmation by the Senate.
Whether my term expired July 1. 1885,
or not, I hold commission issued by the
i State Board Of Education. a Constitution
al body, making me County Superinten-
dent OF Augusta from July 1, 1888. to
July 1, 1887. and cannot be removed
except. as the constitution provides, ''for
| cause" l claim that the State Board had
| right to appoint me, and that in the fol-
lowing words the Court of Appeals has
decided that no power can abridge my
| term:
The General Assembly of Virginia had no
constitutional authority to pass the joint reso-
| luton of February 26, 1886, removing from
IL. -
free schools, nor to abridge their constitution
nally fixed and defined term of Office.
The State Board which appointed me
was as constitutional body as the Board
which appointed Mr.. Jordan. The Board