Idaho County free press. [volume] (Grangeville, Idaho Territory) 1886-current, 1895-05-31
Vacancies In School Boards.

Following is the opinion of Probate Judge
Scales In regard to the term of Office of persons
appointed to fill vacancies in school board:
Mt IDAHO, Idaho May 2s, 1895.
A. +. PARKER ESQ.,:
MY DEAR SIR :-Complying with your request
herewith give briefly my opinion upon the
several questions submitted by you
FIRST. How long does scn0ol trustee APP
pointed to fill a vacancy hold (; until the next
annual election or for the unexpired term of
his predecessor"
The word vacancy has no technical or pc
culia r meaning People VS. Osborne Colo
100 State VS.. Harr lson, l03 Ind. 43i.
A school trustee is now elected for a term Of
three years and If from any Of the statutory
vacancy in the Office for the term for which he
was elected.
"A school director (trustee) appointed to fill
vacancy in the board, will hold Office during
the whole OF the unexpired tcrin."-Am. and
Eng, Ency, OF Law, text page $50, Vol. Il;
School Dist. No. 20 VS.. Cowee, . Neb. 50. The
above is to be taken with the lin itation that
where there is "A constitutional or statutory pro-
vision that vacancy shall be filled in differ
ent manner or for shorter time than the I'M
expired term, then such provision must be fol-
lowed for instance the California statute says
this ONCE must be filled by appointment until
the next annual election aud then by election
for the unexpired term. careful review of
our constitution ana statutes together with the
decisions, causes me to reach the conclusion
that In Idaho, there is nothing to contradict
this rule of law, but on the contrary il Is direct
ed, by reasonable Inference from the wording
OF our laws. that ii school trustee, except in
newly organized districts. shall hold for the
full unexpired term, for which he was APP
pointed
Yours truly
w. N. SCALES
Attorney General Parsons, in a Latih county
case, wrote as follows:
BOISE CITY, Idaho, July II, 1895.
HON. ii. X. SMITH,
Probate Judge Latah County,
Moscow, Idaho
~ lltt nr nj tha and
In reply beg leave to say that in citing the Stat
utes referring to the general election law did
SO simply Tor the purpose of showing that the
general rule that prevails in relation to "vacan
cies" also runs through our Statutes and that
parties appointed to fill vacancies are appoint
ed for the unexpired term. Our new school
law provides system of electng trustees to
hold one, two and three years.
Stating your proposition again 'If A is
move from the district within one year and
the vacancy thus caused be at once filled by
appointment Cor at any other time for that mat
YER ana before AS term would have expired,
the appontee would hold until AS term
would have expired in 1897" This is II correct
statement OF my view of the law. School trus-
tees are not elected at a general election, but
are elected as the school law provides. If "A"
Is elected for one year. 'B for two years aud
&c" for three years. "A" or ANY apPointee APP
eSa Of he his a PGce ye %Sud OUT " the
appointee appointed to I'LL his place would go
out at the end of the second yeor and &c" or
any appointee appointed to fill his place, would
go out at the end of the third year aud the
fact that the party had been appointed to fiji
"C's' place, alter he had qualified, would not
change the rule, and trustee could not, as
understand the law, be elected to take "C's"
place, or the place of the appointee filling the
vacancy caused by the resignation OF CT I'M
til 'Cs" term would have expired. The rule
stated in Meacham ana in the other authorities
quoted Is the general rule in relation to vacan-
cies. and is clearly expressed in the opinion of
the Judges in "a Main, $685. for instance ii.'A"
Is elected for three years, and resigns or re-
moves Mt the end of one year, an appointee to
fill his place could not hold over the term of
three years from the Gate of his appointment
Tor the reason that in such an event the cleo
ton could not be held ms the law provides to-
wit: That trustee shall be elected in each
succeeding year
Hoping that have made this matter plain. |
am, Yours truly,
GEO NJ PARSONS,
Attorney General.