Alma record. (Alma, Mich.) 1878-1928, 1906-07-25
SCHOOL BOARD MEET
Ezra Smith Elected at Annual
School Meeting. July 9, Not
Eligible to Office.
BOARD ELECTED c. C. RHODES
Interesting Correspondence from Supt.
Public Instruction and Deputy Attor-
ney General OF Michigan.

ney Seneral oil mlCnlSon.
1t will be remembered by those present
at the annual school meeting July 9, that
after nominations for Members of the
Board of Education had been made, a
question was raised as to the eligibility of
Ezra Smith, one of the nominees, the
point being made that Mr.. Smith was not
a taxpayer in the district. Lawwas read,
advice taken and the ballot proceeded
with, Mr.. Smith receiving a majority of
the votes cast was declared by the chair
elected. The discussion at that time
created difference of opinion, and Mr.
Ely Brewbaker addressed a communIca-
tion to Superintendent of Public Instruc-
tion p II. Kelly, asking the requirements
necessary to the eligibility of a candidate
for Member of the Board of Education
Following is the reply received by Mr..
Brewbaker:
LANSING, MICH July II, 1900
Mr.. Ely Brcwbaker, Alma, Mich.
NV Dear Sir-If your district is organ
lied under the General School Laws you
will find in section 1000 the conditions of
eligibility Of holding school Office. Aper-
son eligible TO be trustee must be citizen
of the United States, resident of the dis
trict three months and have property
assessed for school taxes and be The owner
in his ovu right OF the property 50
assess,G This law is taken from section
4746 which governs the organization of
graded school distic.s. a person who is
simply parent or guardian Of children
included in the school census is not eligi-
bic to school Office.
The term qualified voters" is found in
section 4746 and must be construed with
section 466o just referred to.
Yours very truly,
=. II. KEILEY.
Acting for the school board Mr.. Brew
baker addressed further communication
to Superintendent Kelley, asking infor-
nation as to method to proceed if such
vacancy existed to which letter Mr..
Brewbaker received the following:
LANSING, MICH, July II, 1906.
Mr.. Ely Brewbaker Alma, Mich:
Dear Sir-In reply to yours of the 3th,
will say that if the man elected was not
qualified to hold the office, there is a
vacancy which the board s>ould fill
within twenty days. If they fail to fill it
by appointment the beard Of school in
spectors of the township must fill it.
Very respectfully,
p. II. KELLEY.
Again on the 18TH of July Mr. Brew
baker received the following advice and
information from the Department of Pub
lie Instruction:
LANSING, MICH, July Io, 1906.
Mr.. Elv Brewbaker, Alma, Mich:
My Dear Sir-In reply to yours of the
18th will say that the man elected to
school office must have property assessed
for school taxes in tie district. ! would
advise YOU to refuse to receive his accept
ance, and the board should Immediately
appoint his successor al the close of ten
days after the annual meeting, and have
the one so appointed file his acceptance
and proceed to act with the board.
AS / wrote you before, section 1860
n.rst be construed with section 4746,
Very respectfully,
y. ii. KELLEY.
Wanting to give Mr.. Smith the benefit
OF any doubt as to the correctness of the
above information, and at the same time
TO have legal advice i'll any action they
might take, Mr.. Brewbaker on behalf of
the Board addressed letter to the Attor-
ney General of the State Of Michigan to
which he received the following reply:
LANSING, Mich. July 20, 1906.
Mr. Ely Brewbaker, First State Bank,
Alma, Mich.
Dear Sir-Your communication of the
18th inst at hand in which you state
that at your annual school meeting, Ezra
Smith was elected as school trustee; he
is not taxpayer and his name does not
appear on the assessment roll in this
school district. He does, however, pay
taxes at ST Johns.
In answer thereto would say that under
the statement of facts as presented by
you, we are of the opinion that Ezra
Smith is not eligible TO hold the Office of
school trustee. Section AZ of the general
school laws provides as follows:
ANY qualified voter in school dis
trict, whose name appears upon the assess