The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-11-21
SCHOOL OFFICERS TERMS.
.,,r.,.INSsaB a4IsaNlMr MUST
WAIT TILL NEXT AUGUST.
Attorney General vance
Renders an Opinion Declaring
That the Present Iacumbents
Can Hold Until That Time.

speciaI Dispatch TO the Post-Intelligencer
OI,yNPIA. Nov. s-The following opin-
ion by Assistant Attorney General Vance.
brief mention OF which was made
IN the Post-Hnteiiigencer Of this morning,
is OF interest to county school super'n-
tendents Observation-Disclosures ana teacn-
ers generally II WAS rendered In response
TO an inquiry from state superintendent
Browne. and Is, in part. as follows
"The question Of primary Importance "
do the present incumbents Of the ofhce
of county superintendents OF scnocis noio
over until the arst Monday N Aus s,,sS
by the board of county commissioners TOT
srhe act of 1897, under which the pres.
ent incumbents hold their ofnce. Is IN
sec 81. a county superintendent Of
common schools shall be elected IN eaen
ton. whose term OF office shall begin on
the second Monday In January next sue
ceeding his election. and continue Tor I've
years and until his successor Is elected
THE constitution, article II. section s.
empowers the legislature TO provide the
to regulate the compensation and AZ the
term thereof. subject only 70 quaiince-
lions contained In section ! Of said article
that no county officer shall be eligible
for more than two terms
''In addition 70. this special provinon
there is a general provision contained In
the laws OF this state that al oinsers a.s
successors are elected and auahned First
You viii see from the foresoinx tina,
the term 81 office Of q county oficiai
IL not restricted TO two years, but - tor
the statutory term and until his suc-
cessor IS elected and qualities. This statute
is in absolute harmony with the Ameti-
can rule where no such statute exists,
that rule being that all officers. except
legislative officers. hold for tall ,ern
and untIi their successors are elected or
appointed and qualified.
s'Throop Public ofhcers, w
'.Meecham Public officers. Sa.
.sYou will notice that the constitution
having empowered the legislature TO reg
ulate the compensation and term OF OF
flee OF the county officers. the above
quoted acts q the LEGISLATURE are IN mar
tireIy within the power OF the legislature.
THE second branch OF this inquiry 10
presented where the present incumbent
has served two constitutional terms. the
constitution prohibiting more. than two
consecutive terms Of service II the pres
ent incumbent should attempt to hold
served two consecutive terms. sho Id
unhesitatingiy answer that vacancy
would exist. but where he holds over
to be filling the third term and. there
fore, may properly hold over.
1T Is fair TO assume that when the 'er-
f1HnEf0
leaving hiatus unprovided for. II was
intended for the present incumbents to
conclude the business OF the school year
and to hold over until there was some
one qualified to assume the duties of the
office- The law will never presume Q
Is unavoidable.
You will have gathered from ,ba fore
sosns citations that. In the opinion OF
this office, fhe nkavNv n ~ iaar i..iuR
elected for two years ana until their sue
az ia
hold over in their of5ices until the frst
Monday In August. 1901. al which time
the officers now elected win he indicted
no vacancies viii exist between now ana
the nrst Monday in August. 1901. uniesa
they are created by the death. resgna-
ton or proper removal OF some Of the
''The reasoning upon which the FORE
going conclusion IL based might be forth
NED by citations OF authority. I do not
however. consider II necessary 70 80 for
tify IL. A careful examination Of the fert
writer's upon questions similar 20 this ard
decisions Of the various state courts that
have passed upon the question Of holding
ciuslon.
= therefore answer your question. ser,-
atm.
''Firsi-Thers Il no difference between
the status OF county SUPPLEMENTARY
elected to succeed himseif and one who i
s sel,S,i,ng MS last term as TO the matter Of
-second-Ths state constitution, article
NJ, section does not prevent the PRES
enf Incumbent from holding over
Third-The expiration Of the two years.
term does net create vacancy, the terri,
not being for two years. but for two years
and until a successor IL elected ana mat
les fN''-
Fourth-The state constitution does no.
Kive TIE board Of county commissioners
the right TO declare a vacancy after me
second Monday In January and 10 APP
point
Fifth--A new bond IL not requires az
the holdnver for a definite period nov ia
hs Required 70 fle 4 new oath 1 assume
pertntensiant Is drawn fr proper terms "a
IL for the full term 81 the Incumbent
Sisth-T@ss inquiry IL answered Nv M,
above. ~"
''aeysnth-Tfsis inquiry sa also answcv..,
~ the foregoing bot I will say IN adAt
ton that cur supreme court has declared
that the appointment 90 fu vacancy
does not affect the constitutional siIrf
hlilty 81 candidate"