The Republican. [volume] (Oakland, Md.) 1877-current, 1889-03-02
Decision h the School Board Case.

Decision n the School Board Case.
The Court of Appeals has settled
the school hoard controversy bv de-
Gliding that the Governors appointees
are the legally constituted school
commissioners. The title of the case
is George W. Merrill and others vs..
The Board Of County School Com.
missioners OF Garrett County. Judge
Robinson delivered the opinion,
which Is as follows:
1.-THE order granting the injunction
in this case must be reversed. The
parties to this appeal are each claim
ing to be the legally constituted board
of school commissioners of Garrett
county. The appellees were appoin.
ted by the Circuit Court of the county
under the act of 1872. chapter 377.
and the appellants were appointed by
the Governor under the act of 1888.
capter So, which repeats so much of
the act of 1872 as conferred the ap.
pointment upon the Circuit Court.
The validity of the appointment of
HE appellants is assailed on the
round that the act of 1888 was passed
AID their names submitted to the
Senate after the expiration of fifty
days from the commencement Of the
session of the Legislature. The Ques.
ton turns upon the construction Of
section 10, article 2, of the constitu.
ton, which provides that all civil
officers appointed by the Governor
and Senate shall be nominated to the
Senate within fifty days from the
commencement of each regular ses.
sion of the Legislature.' The main
object of this provision was to afford
to the Senate full opportunity to as.
certain and pass upon the fitness and
qualifications of the several appoin.
tees nominated by the Governor for
its confirmation, aud which could not
be done if the appointments were de-
layed till the last days of the session.
But this. like all other provisions.
must have a reasonable construction,
keeping in view the object for which
It was adopted. And thus constru.
ing 1t, we cannot suppose the trainers
of the constitution meant it to apply
to appointments to be made by the
Governor under laws passed during
the sessions of the Legislature. If
the construction insisted on by the
appellees be correct, the Governor
could not make appointments under
laws passed after the expiration OF
fifty days from the commencement Of
the session until the meeting of the
next Legislature. Such cannot be the
measing of the constitution.
.fhe objection to the validity Of
the appointment ofthe appellants on
this ground cannot be sustained, moi
In fact on any ground relied on BY
the appeIlees. The term of two years
for which the appellees had been ap.
pointed by the Circuit Court had ex.
pired, and they were holding over
merely till the appointment and
qualification of their successors. And
the appellants having been duly ap'
pointed by the Governor, and having
qualified. they are In our opinion the
legally constituted board of school
commissioners of Garrett county. II
may be proper to add that we are moi
to be understood rs deciding that q
bill in equity for an injunction is the
proper mode Of proceeding for the
purpose of testing the validity of the
appellants appointment or their title
to the Office of school commissioners
Their title. however, to the Office Is q
matter of public concern, relating tC
the public schools of the country, and
we have deemed 1t proper to decide
the question without stopping to con-
slider the mode of proceeding BY
which it Is presented. Order revers
ca and bill dismissed"