The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1896-04-27
AN INTERESTING CASE.
A Decision in Regard to School Boards OF
Great Importance.

AScase of much interest to the towns
of this state, in relation to the interpre-
tation of the school law of 1894, was heard
by Judge Strout Saturday afternoon.
The town Of Gum berland, at its annual
town meeting, voted to increase its school
committee from three to fiye They
elected Mr.. Chas. H. Jenkins, to fill the
vacancy on the old board, for term of
three years, as the law requires. But
when they came I'd elect members to fill
the newly created offices the town did not
spec ify the term of office for each. 1t is
necessary to have a committee of FIVE
divided in such manner that two would
serve for three years. two for two years
and one for one year. The terms of the
two new members would have to be, one
for three years one for two years. TINS
very point came up in the celebrated
Naples case, last year and it was decided
that towns in such cases must determine
the terms of office, of the new members
and that the committee could not deter
mine them by lot, as a causal reading of
Inc AAou pONOI
is given to the committee only when
first organized. The five mem bers, or
supposed members of the Cumberland
committee met and proceeded to elect
superintendent of schools on March IL.
On the first ballot the two old members
voted for Edmund D. Merrill, two votes
were cast for DIR. II. Nj. Moulton and
one for ii. II. Herrick, the last two
claiming an election as new members.
Mr.. Merrill claimed that there were only
three legal members and therefore he was
elected superintendent. Another vote
two votes and DR.. Monlton had three.
Both parties sought counsel, who advised
the parties to agree to a statement of
facts and submit the case to one of the
judges of the Supreme court, and abide
by his decision. This was done and a
hearing was had as above stated.
Judge Strout's decision was as follows:
Under the foregoing submission, have
met and heard the PARTIES and do award
that the town of Cumberland, at it's
annual meeting in March, 1896, did in
crease the number of its school commit
tee to five. | do determine that the town
of Cumberland duly elected Charles H.
Jenkins to fill the vacancy in the board
and failed to elect Fl. 81. Herrick and H
III. Moulton, because the vote did not
specify as it should, that one of them was
elected for two years and the other for
three years, as required by law; and that
there exists two vacancies, in the school
committee. which shou be filed by the
three existing members. That an election
Of superintendent cannot legally be made
until these vacancies are filed. 1t results
that no superintendent has been elected. -
Llewellyn Barton appeared for Mr.
Merrill and Messrs Seiders and Chase
for Mr.. Moulton.
In the Naples case, the first and only
Interpretation of the law of 1894 by the
law court, was given on the question Of
increasing the number of school COM
y..,ttees and the manner OF electing tho
wv members. That opinion of the
court, L : yet published, determined tn,
following: "That towns could increase
their committees from three to five o.
seven; that the committee could not de
termine the terms of newly elected mem
bers by lot, as in the case of committe
elected as whole. when the law wen
into effect that the towns must decide a
the time such members were elected wha
their terms of Office were; that vacanoie
not filled by the town can and should b
filled by the existing members Of tn
committee.
In the Cumberland case, question
which did not arise in the Naples cas-
was decided namely: "That superin
tendent of schools could not be elected
legally. by the committee, Will
vacancies existed, in the school board
The question how long the member
elected by the committee to I'LL vacanoie
would serve, was not decided in eithe
case. The general opinion seems to t
that those elected by the committee t
fill vacancies would serve only until th
town, by statute is given an opportunit
to elect members, viz. until the mex
annual town meeting.