Daily new dominion. [volume] (Morgantown, W. Va.) 1897-1906, 1901-05-29
LAW IMPERATIVE.
Attorney General Passes on
New School Law.

q
! Either.
The attorney general has handed
down an important opinion relative TO
the heW act imposing greater duties
upon county superintendents of free
schools and allowing greater eompen-
sation therefor. Ii seemed clear that
tie salary Of such officers could not be
! increased during their term Of office.
II would have been a hardship If the
increased duties should attach If the
increase in salary was not effective.
The opinion, which is given below in
! full, decides that the entire law is in
operative until new superintendent
are elected
Office of Attorney General,
Charleston, w. Va.
Hon. Thomas G, Miller, State Super
intendent of Free Schools.
SIRr:-Replying to your request for
| a ruling upon the following questions:
Are the present county superintend-
ents entitled to the increase of salary,
and are they required TO perform the
extra services, and comply with the
provisions provided and prescribed in
chapter So of Acts of the Legislature
Of 1901, amendatory Of sections SO
and 81 of chapter As of the Code of
West Virginia?
Respectfully submit the following:
The Constitution provides in sec
tion B, article Il. "The legislature
may provide for county superintend-
ents and such other officers as may be
necessary to carry out the objects of
/ this article, and define their duties,
powers and compensation.
Section 80, chapter ID, of the Code
provides that county superintendent
shall receive for his services an an
nual compensation as follows; In
counties having not more than fifty
schools, $3.50; i'll counties having more
than fifty and not more than seventy
/ five schools. 5000: in counties having
more than seyenty-tiye and not more
than one hundred schools, $3.50, and
in counties having more than one
hundred schools, $780,.
And provides how the same shall
be paid and requires him to give
bond in the penalty of $500 condition
ed according TO law.
Section "a of the same chapter pre-
scribes the duties incumbent. upon
said officer.
Section 80 Of article 6, Of the Con
stitution reads as follows: aNor shall
/ the salary of any public officer be in
creased or diminished during his term
of office. Nor shall any such officer
or his or her suretieS be released from
| any debt or liability due to the state
Public office is defined to be "a place
Of trust by virtue OF which person
becomes charged with certain public
/ duties. We, therefore, hold that
the office OF county superintendent
1 is public Office.
In the case of Rucker VS.. Supervis-
ors, w. Va, 66l, syllabus point |,
our supreme court in constituting the
constitutional provision in relation to
| increase or decrease of salary in the
Constitution OF 1863, which is sub
/ stantially the same as now, says this
| provision ''applies only to such salar-
les or compensation of public officers
as have been definitely fixed or pre-
scribed by law, either by the consti-
tuition OF the state or by some statute
made in pursuance thereof.
The Office of county superintendent
being public office, and his salary
or compensation being fixed by general
/ law, section 53, Of chapter As, of the
code, we are, therefore, irresstibly
ln1 hnl Ea
county uperintendents are not enti-
tledtothe increase OF salary provide in
section 53 Of said chapter, as amended
/ by chapter 60 of Acts of 1901.
The additional services and prohibit
tions contained in the amendment to
section 81 of said chapter, are such as
could not be construed as Incidental
services and prohibitions contemplate
| ed by the present incumbents when
they were elected. And to require
compliance Herewith would have the
effect to reduce their salary, which
would be in violation Of the constitu
| tion.
But the legislature could not have
contemplated that these provisions
should be operative during the term
/ of office OF the present county superin-
tendents The amendment provides
that the county superintendent,
before entering upon their duties OF
said Office, shall execute bond in the
sum of 81, 600. Should this amend
ment be construed as operative, the
surities on the bonds of the present
county superintendents would be
released from liability, and the act
does not provide that they shall give
new bond OF the penalty prescribed
in the amendment. Neither does the
amendatory act have repeating
clause attached TO it. And we can
not hold that the former statute is
repealed by implication during the
| present term Of office.
Our conclusion, therefore, is that
the entire amendment Of sections So
and 81, as contained in chapter 90 Of