The Billings gazette. [volume] (Billings, Mont.) 1896-1919, 1901-04-23
NO LEGAL RIGHT TO EXIST.
Law Providing For Appointment Of
School Boards Unconstitutional

~ 0StIOOt 0OaCOS unconstitutional
X the trustees of ounry free hugh
SCI coils appointed nn,lcr the law of
l%"? hold over they viii ID 81 in m.
face If the attorney g.ne-ai:, opinion
that they have beel iegislated out Of
office. Ar opinion to that effect was
prepared by Assistant Attorney Cen
eral Mettler in reply to inquiries from
the state superintendent of public in
struction.
The question of whether the tras-
tees appointed under the old law
could continue to act under the new
law has been the subject of consider
able discussion ever since it became
operative. Some commended that the
new law only applied to the trustees
elected for three years, while others
held that it was intended to displace
the present boards with entirely new
ones. The assistant attorney general
takes the latter view of the question,
supporting his position in a carefully
prepared opinion on the subject.
Mr.. Meter says there is no doubt
but that the effect of the new law,
so far al it affects the trustees ap-
pointed under the old law, is to leg
islate them out of Office, its provisions
being entirely in conflict with those
OF the former law. He points. out that
the constitution of the state author
ICES the legislative assembly to pro-
vide If necessary for the appointment
OF county. township and other off,
GERS, and their terms of Office shall
be prescribed by the law, not in any
case to exceed two years, except as
otherwise provided.
The law of 1899, Mr.. Mettler holds,
is unconstitutional on the ground that
the legislature had no power to pro-
for the appointment of trustees
of the county free high schools tor al
term Of two years. That being the
case, the assistant attorney general
holds further that the appointment of
the old boards of trustees have no
legal rights as against the boards ap-
pointed under the new law. In other
words the old boards have no legal
existence. and new boards Of trustees
should be appointed in the'1 places.
Referring to the difference between
the old law and the one passed by
the last legislature, Assistant Attor-
ney General Mettler in his opinion pre-
pared yesterday says:
"A careful reading OF the new law
disclose the fact that it alters the
old law in a number OF very material
and especially as it affects
duties, arr Of appointment and
terms of Office of the board of trustees.
Without going into details it may be
that sections three and four Of
old act are by the new law amend
SO as to provide for the appoint
ment of the board of trustees by the
county superintendent of schools in
stead of the county commissioners;
the term of Office is
two years instead of three, and
there is a different division into
classes of those first appointed under
The law, to correspond with the change
n the length of time. Further than
his it is not necessary to notice the
changes made in the new law.
THE legislature has the power to
or change Office created by it,
md it may extend or abridge the
.erms for which the incumbent was
or appointed. So the legisla-
,ure may declare the Office vacant, and
apoint another person to fill it. Or
nay transfer its duties to another Of
icer, although the effect ma be to
lbolish his Office by leaving it devoid
# duties. +.
THE act in question provides in it's
tile that it is for the purpose of
amending sections three and four of
he old law, under which the present
BOARD of trustees was appointed. Sec
ions Is and 16 of the new law provide
hat all acts and parts of acts in con-
lict with this act are hereby repealed,
md that the act shall take effect on s
date of it's approval, which was |
March IA, 1901. ,
The new law is in conflict with the
Id law in the following particulars: T;