The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1907-07-22
ARMSTRONG
DECLINES JOB

WE'LL slloyllt go AToRs WHITES
THAT he CAN'T ACCEPT PAR
lsERssuRe OVERWHELMINGLY
TkslER MAY HOLD ON TECH.
HicALIJ.
PkRKERsBURG, July 22.-Reprey
ssnted by an attorney and armed with
adecision from q well known taw firm
MessFs Quick and Musgraye, at the
speeLal meeting Of the board Of edu-
eaton Saturday afternoon, put a stop
10 the contention existing over the
qaestfon q electing superintendent
fcr the coming school year. Disagree
ing with the attorney and the dect-
sion, President Bullock said it would
be useless to argue the question at the
present time and the meeting was ad.
ioarned Il being unanimously decid-
ed Is delay further action until the
nezt regular meeting.
Attorney James a. Watson appeared
Tor Prot Tabler and also for Messrs.
Quick and Musgraye. When the presl-
isnt announced that the election of a
district superintendent should be made
Mt watson asked for the privilege Of
addressing the board. He said 1t was
his opinion that inasmuch as no super
dntendent was elected at the first regu.
lar meeting in July that Prof. Tabler
lis now the superintendent and will
retain the position until the first reg
utar meeting in July Of next year. He
argued along that line, citing several
authorities, and then asked the board
10 hear the decision Of Mr.. Van Win
kIe, Of the Van Wrinkle 6 Amber law
firm.
Gave He Authorities.
Me- Van Wrinkles opinion was the
same Is that Of Mr.. Watson, but he
gave q more minute decision. He re-
b yferred the board to a number of law
citations and he'd that 1t was unques-
ttonably true that Superintendent Tab
der Is. still superintendent.
Attorney Van winkle's opinion fol-
lows.
PARKERsBURG W. Va,
July 20, 1907
Nj. .. q. tTabler. City.
Dear sir:-The question submitted
by you involves the construction Of
statutes, and particularly relate to
your status as district superintendent
in Parkersburg Independent school
district.
The facts as given are that you were
selected superintendent in 1906 for the
term ending June 80, 1907; served as
such to that date, and are still serving
in that capacity without successor
having been elected and qualified. The
board Of education held Its first regu.
,1ar meeting in July Of this year, bal.
Ioted TO elect a superintendent and
adjourned the meeting sine die with.
out an election. A special meeting
has been called for this day, which
specifies among other matters for ac-
ton the election of the superlntend-
tent.
Comparing the several acts Of the
Legislature creating the school district
of Parkersburg, the intention Of the
Legislature in the controlling act Of
1sO7is manifest, supported by decls-
ions.
The West Virginia constitution and
laws passed to give 1t effect, provide,
that all elected or appointed officers
shall continue to discharge the duties
OF their Offices until their successors
are elected or appointed and qualified.
You are entitled to hold your Office
accordingly and perform the duties IN
I'LL your successor is duly elected.
The question is also presented
whether an election for superintendent
can be held at a time other than the
first meeting Of July In each year; and
II, not, is there an incumbent in the
once Of superintendent? The au-
thorities hold that such election can
not be held at time other than fixed
by the statute, and the incumbent
holds over by appointment of law,
The law as laid down in the decis.
ion examined having general applIca.
tipn and modified by special words IN
the statute, that are, not in this stat
Iute is best stated by quotation from
the leading case in West Virginia, as
follows:
Failure to elect at their regular an.
nual meeting and permitting Pentony
to hold over he would
be entitled to hold the Office until the
next regular annual meeting Of the
trustees, for they would be without
authority to appoint his successor ex-
cept in case Of a vacancy at special
meeting; in short, that the allowance
- AZ. ny,,,,,nI ,,,aottnr. =. - H., lii.