The daily journal. (Salem, Or.) 1899-1903, 1901-12-20
To Fill a Vacancy
Caused by Death
Or Resignation Should be
Until the End of the Term
of His Predecessor.
Decision Given by State
Authorities Relative to the
Portland School Board.

perintendrnt Of Public Instruction D. IL
Alderman have been asked To decide as
10 the length Of Office the successor to
the late d. P. Thompson, of Portland
should be elected. The request came
from the Board Of Directors at Portland,
and the decision given is as appended;
"a vacancy having occurred in the
Office Of school director for the school
district Of the city Of Portland by rea-
son Of the death Of Hon. d. P. Thomp-
son, and the remaining directors desiring
TO al such vacancy but being doubtful
whether the person appointed for this
purpose will hold for the uhexpired
term OF said Thompson, or OILY till the
next regular election, you have sub
mitted the question to me for my
opinion.
''The section Of the statute which au-
thorizes the board OF directors 10 fill o
vacancy. 20 far as the same is spplica"
bic 10 the question submitted, reads as
follows:
"When q vacancy shall occur in the
Office OF director the clerk shall forth
with call meeting Of the remaining
member or members, who shall at once
All the vacancy from among the quail
iied voters OF the district. Should the
Office Of each director Of any district be
vacant at the same time, then II shall
be the duty Of the county superintendent
Of the county in which the district is
located TO gil such vacancy by appoint
ment from the qualified voters OF the
district, to serve until the next regular
election "School Laws Of Oregon, 1901,
p.49.
"While, In the case OF the Office Of
each director being vacant at the same
time, the statute provides that the per-
sens appointed by the county superin-
tendent TO fll such vacancies shall hold
only until the next regular election, no
provision is made specifying or limiting
the time for which one appointed by the
remaining directors shall hold.
"Throop, In his work on Public Ohi-
GERS, section $40 says: The authorities
are not entirely harmonious respecting
the duration OF the term OF an officer
elected by the people, or appointed by
the Governor, or some other officer or a
board OF officers, TO all vacancy, where
the constitution or the statute has failed
to specify the duration OF his term or
where a provision upon that subject is
OF doubtful construction. But the weight
OF the authorities is decidedly In favor OF
the proposition that person so chosen
holds for full term and not merely Tor
theuneIpired portion Of his predeceRsor't
term.
ait. therefore, appears that where
the term for which the appointee shal
hold 10 not limited by the constitution ol
the statute, the only question is: docs
the appointee hold for full term, ol
only for the uneTpired portion Of BIZ
predecessors term2"
The Portland school district is dis
trict oithe hrst-class, and the board o
hhgeNONo NghoAoNo VI hN0 paNA
OF whom shall hold office for the term o
Ave years, one member retiring eacl
year as hereinafter provided (Sohoo
Laws Of Oregon, 1901, sec. 64.) And sec
tion IS provides that the election 70
members OF the board Of directors in al
organized districts Of the first class sha
be held each year. at the time and in tn
manner provided by law for Districts {
the drst elass.' These sections must a
be construed together 80 that the pro
visions Of each may be given the tu
force and effect.
"To hold that the person appointed b
the board Ia this instance would hold fC
full term would result in nulliiyin
that provision OF the statute which r
qulreS that one director shall be electe
each year. There would be one year
which no director could be elected, 4
there would be Ave in Office and thel
would bs one year In which two direoto
must be elected.
"As am informed, the term 4
which Mr. Thompson was elected W
expire In 1908. The vacacny might
filled by the remaining members Of Il
board appointing member TO hold III
oil the regular election in 1892 and the
director might be elected to all out Il
unexpired term and thus the rotate
In Office could be continued.
''but where there is only one vacAn
In tie board Of directors the r
naming directors are authoriz
70 fll the vacancy without any limit
ton upon the term for which their e
pointee may serve, except the impli
Limitation that he cannot serve beyol
the end Of the term OF the person who
place he. lie 'chosen 10 fill. But VIII
the county superintendent appoin
the tenure Of the Office Of his appoiute
IL limited by the next regular electiC
He can not authorize them to hold b
yond that period.
Therefore, constituting these pro-
sons Of the school law In Accordan
With what seems 10 me 10 be the inte
ton Of the Legislature Assembly, it
my opinion that, when the directors
this school district make an appoiu