The herald., 1894-07-08
City school superintsud d ent.

Ctty 6cnoot
EDITORS HERALD:-I see by the pa.
pers that the board of education OF this
city has appointed Mr.. Hailman to the
Office of city school superintendent.
have heard the gentleman referred
to highly spoken Of, and he is un-
doubtedly qualified for this position.
But is he eligible This question should
he we'll considered before he is induced
to throw up his present eituation as
superintendent of Indian echools. and
to make this trip from Washington City
to this place, and then ind out that he
cannot hold this Office. 1 understand
that Mr. Hailman ia not O citizen or
resident OF this state, and mas probably
never been within it's boundarieH. The
law provides that mo person is capable
of holding civil Office who. at the time
of his election or appointment. is not OF
the age Of 2l years and citizen OF this
state" Political code. Sec. BAL. In or
der to be citizen of the state, it is sb-
| solutely necessary to be resident of
the same. Political code, Sec. 81.
| The question ariaes whether the
Office of city school superintendent is
civil Office, within the meaning Of the
lew. BY Sec. 1876, political code. every
city shall constitute separate school
district. which shall be governed by the
board of education or board of school
trustees OF such city. This section has
been construed by the supreme court of
California, in case of Kennedy VS.. Mil
ler, 81 Cal. 429, where it Ia held that by
virtue of this law each school district
becomes public corporation, and that
the powers and duties OF boards Of edu-
cation in citiee are the same as those of
boards OF trustees in other school dis
tricts, and that all city charters are linn
tied by the operation OF general laws.
By Sec. 4102, political code. no person is
eligible to a district or township Office
who is not citizen of the state and an
eleotor of the district or township in
which the duties of the Office are to be
exercised for which he is elected.
The city charter of Los Angeles pro-
vides, article 2, section 5. "The officers
of the municipality shall be a MAYOR,
city treasurer, school superintendent
and others.' Section 205 of charter
says: 'No person shall be eligible to
any municipal office under this charter
who at the time of his election or ap-
pointment is not qualified eiector of
the city under the laws of this state"
Section 50. article7 of charter, provides
that the government of the school de.
partment OF the city shall be vested in
board of education, to consist OF nine
persons. Political code, section 1887,
provides for city board OF examination
IN place OF county board. Section
1888, that such city board shall con5ist
OF the city school supsrintendent and
four other members, residents of said
city. Section 1889, that the city school
superintendent ehall be chairman of the
city board OF examination. Section
1917, subdivision Is, that he shall sp-
prove the appointment. Of school census
marshal. Section 1888, that be is to
meet with the superintendent of public
city euperntendents. A county school
superintendent is an officer created by
the constitution. Section 8, article 8.
constitution of California. The duties OF
county and city school supsrntendents
are parallel, each for his own respective
district. Political code, section 1898,
provides that city uperintendents of
public schools, elected by city boards OF
education, shall be elected for term of
four years. Section 1870, subdivision
seventh, provides that the powers and
duties of boards of education in cities
are to employ the teachers, and to en-
ploy janitors and other employees OF the
schools, etc.
In view of the above provisions of the
law and charter, as we'll as the opinion
of the supreme court, il Is clear to my
mind that the city school superintend-
ent is civil officer, and holds civil
office within the meaning of section SAL
of the political code, and that in order
to be eligible to that Office the person
must be citizen and resident of this
state at the time of his election or ap-
pointment.
The term OF his Office, the duties 10 be
performed by him, the differences in
the language as to his election, while
teachers and others are simply to be
employed, his position being the same
as that OF county school superintend
ent, with the exception of the psrticu-
lar district, and the entire policy of the
law confirm this conclusion.
Would it not be proper to have the
legal advisor of the echool board invest
igate and give hiB opinion upon this
matter?
Yours respectfully.
LOUIS GoTTscHALK,
Rooms Al and Az Phillips block.