The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1900-12-02

The courts Of this state will be called
upon TO determine whether or not the
county superintendeuts of schools elected
at the general election in 1873 have the
right. which many of them claim. TO hold
their positions until August /, 1901 In this
county the question has a peculiar in
terest. County Superintendent Meredith,
true to the proclivities of the average
Democrat in office. has asserted that he
has a right to practically seven months
tenure over the two-year term for which
he was elected, according TO the effect
of the school law of 1899 w. G. Hart
ranft, the county Observation-Disclosures,
questions Mr.. Meredith's right 10 continue
in Office after January IA, the date when
all the officers-elect take their positions
under the law He has retained counsel
in the person of Judge Milo A Root and
proposes to fight the case.
AS has heretofore been published in the
Post-Intelligencer, Assistant Attorney
General Vance, in response to a request
signed by a number of county superin-
tendents has rendered an opinion to the
effect that the last legislature changed
the date for the county superintendent of
schools to take office from the second
Monday in January to August l. Mr..
Vance further holds that Mr.. Hartranft
and others like him who were elected
November last cannot assume office un-
til the date fixed in the statute of 1899.
The result of Mr.. Vance's opinion has
been that Mr.. Meredith and other incum-
bents of the Office Of county superin-
tendent in the state are claiming a
seven-months extension of term, although
their successors have been regularly
elected.
Constitution Forbids II.
After consulting with Judge Root, Mr..
Hartranft has taken the position in brief
that the state constitution prohibits any
officer from enjoying a longer term than
that for which he was elected, and that
therefore Mr.. Meredith must step down
and out January IA. Mr.. Hartranft has cor
responded with a number of county super
intendents-elect in the state and these
have united with him in invoking the aid
of the courts.
Judge Root yesterday stated his posi-
ton in the matter and that OF his client,
Mr.. Hartranft. He said:
IF Mr.. Meredith attempts to hold the
ONCE of county superintendent OF schools
after January IA we shall ask writ of
mandate from the courts compelling him
to give 1t up. ! have seen the opinion OF
Mr.. Vance, the assistant attorney general,
and while have not thoroughly. exam
ined the authorities, yet from what In
vestigation / have made / am satisfied
that the courts will not sustain the
opinion.
when the superintendent now in Of
flee were elected, the statute provided for
an election OF superintendent at the
general election every two years, in No
vember and that he should take his Of
fice on the second Monday of January.
1900. That is. the statute In effect pro-
vided at that time that the present in
cumbent should be succeeded by sue
cessor to be chosen at the general cleo
ton OF November 8, 1900
Every superintendent elected two years
OF the voters that his term would expire
on the second Monday in january. 1901.
But after the present incumbents had
sumed office. the legislature changed the
statute to the term of the successors
TO these present incumbents, by providing
that their successors shall not take Of
flee until the first Monday in August after
their election. The effect of this statute
would be to lengthen the term of the
present incumbents. that Is, IL the as
sistant attorney generals opinion be cor
rect.
The Law of the state.
1.-THE following sections of the state
constitution bear on the question:
Section of article XII. says: No Of
ficer shall be eligible to hold his office
more than two terms in succession
Section 3 of article XXI, among other
things, says: The salary Of any county,
city, town or municipal officer shall not
be increased or diminished after his cleo
tion or during his term OF ONCE. nor shall
the term of any such officer be extended
btsbHn tHt ptitpu iVi Is t3ttitu
or appointed.
1T will be seen that the last clause
OF the section just quoted expressly pro-
Vides that the term shall not be extended
beyond the time for which the incumbent
was elected. Now, therefore. the ques-
tion Is; Can the legislature do indirectly
what the constitution expressly prohibits
II from doing directlyT
1T Will be conceded that IL the leEisla-
ture had passed statute adding seven
months 20 the term OF the superintend-
ent's office, such statute would have been
absolutely void. But the same end Is ac-
cOmplished II the statute be given the
construction placed thereon by Mr.. Vance.
He argues however. that the statute
made the superintendent term two
years and until his successor shah be
elected and qualified.
This last clause is nearly always used
IN fixing terms OF office, not for the pur-
pose Of measuring the term, but TO guard
against an emergency which the law
makers could not anticipate. In con-
strung a constitution or statute IL IL
elementary that all parts OF II must he
construed together. The fact that al the
time the present superintendents assumed
Office the statutes provided that their
SUCCESSORS should be chosen at the Mo-
Vember election OF 1900 and that these
should assume ONCE in January 1904
shows that the legislature intended their
Office 10 be for a period OF two years and