The Montgomery advertiser., 1905-02-01
COVINGTON IN; THOMPSON OUT Sayre'S Decision Was Re-
 verSed. HELD OFFICE TOO LONG He Should Have Been 0uSted Two Years Ago. In Opinion Which Has Effect over all Alabama Judge simpson Decided
 That Superintendents Can't
 Hold over.

of Alabama written by Justice Simpson and handed down yesterday 1t was held that not only is G. w. Covington, the newly elected Superintendent of Education of Montgomery County en- titled to the office, but that J. A. Thompson, the old incumbent should have been busted over two years ago.
 The decision of the Supreme Court reverses the judgment of Judge A. D. Sayre, of the Montgomery City Court, which awarded the office to Thompson. Counsel for Thompson were prepared to hear of a reversal by the Supreme Court at any time, but were surprised to be informed that their client even on October 1. 1904. had held onto his office just two years longer than he was legally allowed.
 The sensational announcement of Judge Simpson that Mir. Thompson's years grew out of a careful study of the genesis of the individual office of the Montgomery County superinten- dent.
 The Montgomery Superintendent had always been appointive until February ', 1899, when an act was passed making the office elective, saying that the superintendent shall be elected at the general election on the first Monday in August, 1900, and at the general elec- tions every four years thereafter. The term was to begin October 1 next fol- lowing such an election and end when the successor should qualify.
 Two Years Too Long.
 Tn the case now before the court" says Judge Simpson in concluding the opinion, the position of County Super intendent of Education in Montgomery County is not even as favorable as those holding under the general law for the act of February 8. 1889 simply left the Montgomery Superintendent where he was before, enjoying a tow years term by appointment in the place of by election and the act of February [, 1899, simply applied the elective feature to him, providing that he should be elected on the first Monday in August as other officers at the general elec- tion, thus practically eliminating the local features and placing him on the same platform as other superintendents for the title of that act does not con- tain any intimation of a purpose to change the term of office.
 Consequently. that part of the act falls to the ground and the appeylee's term of office really expired two years before the first day of October, 1904" It should be recalled that the origi- nal term of County Superintendents who were all appointive until 1899 was | two years. Judge Simpson holds that as nothing has followed to increase the term, not even the act of 1899. former Superintendent Thompson should have gone out of office in 1902, having been elected in 1900.
 Effect is Widespread. The opinion of Judge Simpson Is l universally important to Alabama be- fol fn a general law as distinguished from a local law. Counsel for Mir. Thompson | had attacked the constitutionality of the general election law on the ground that 1t could not be classed as a gen. eral act.
 The allegation that the general elec- tion law was not general was based on the fact that 1t excepted from its op- | eration some counties and municipali- ties where primaries and other forms of election already existed. Tn this way, it was contended, the law does not apply to the whole State as re- qulred by the new Constitution in Sec ton 110.
 The opinion of Judge Simpson calls attention to the liberal construction of the general law in New Jersey, Penn Sylvania, Ohio and California. In one | of those States the Supreme Court sus- tained as a general law one which had immediate application to only one place in the Commonwealth but which, in the future was to affect other political 1 sub divisions.
 It was decided that in Alabama the generous practical construction should | be placed on the general laws, espe- cially since 1t was the intention of the Constitutional Convention of 1901 to allow certain local laws to remain in | force and not be repealed by general laws. their wisdom being recognized. Therefore, it was seen meet by the | Supreme Court to set down for prece- dent a final definition of a general l law in order to quiet what Judge Simpson terms critical gymnastics. |" Defines General Law. The definition is as follows: we hold that a law which is general in its terms and Is. in good faith, so | framed that all parts of the State may come within the circle of its operation. is a general law. And the fact that. at the time of its passage. there may be in the State certain localities where are no objects for It's present operation 1 or where there are special laws al- | ready in existence which must be re- pealed before the general law be- comes operative therein. does not rem
 
 Of course, if. as contended by Mir. Thompsons attorneys, the election law had been interpreted as a local law 1t would have been necessarily unconsti- tutional because no notice of its pas- sage was given.
 Another general feature of the opin- lon which must be taken to apply to other holdover superintendents of edu- cation Is furnished in the following paragraph of the decision:
 We hold that the principles an- nounced in the ProwelI case ;ure appli- cable to county superintendents of ed ucation whose terms under the pre- 1ious law expired on October l after the August election, and that the ef- feet of the change of the time of elec- don only pOstpones the time of change of officers until the new officer can be i elected and qualified. the old officers simply holding over until his successor has been elected and qualified"