The Montgomery advertiser., 1907-09-30

1889, making all county superintendeuts of the state elective. except those in twenty-one specified counties, which embraced TalIadega, Hale. Choctaw and Greene, among others. was general act or local law. This enactment also included Montgomery, Jefferson. Mobile and Dallas in the list of excepted counties.
 Colonel Garber, in his opinion. treats of this question at some length, arriv- ing at the conclusion that the act in question was q general one. affecting the entire State, with exceptions. ra- ther than applying only to some few counties and excepting the State in general.
 This act being general. it is held to be repealed by the provisions of the Code of 1S96 relating to the election of county superintendents. The office in Talladega Is therefore elective.
 The opinion of the Attorney General in full follows:
 Montgomery Ala. Sept. 2s, 1907 Hon. Harry c. Gunnels, State Supcrin-
 tendent of Education. Montgomery
 Alabama
 Dear Sir:--Some days ago received and official communication from you in which you requested me to advise you relative to the office of County Superin- tendent of Education of Tailadega County.
 You state in your letter that for a number of years the State Superinteud- ent of Education has been appointinG. every two years, a County Superintend- ent of Education for Talladega Coun- ty. and that John c. Williams. the pres ent Superintendent of Education of that County, was appointed two years ago for a term expiring September 30, 190s. You further state that your authority to appoint successor to the present incumbent has been questioned, and you also enclose for my consideration an opinion on this matter addressed to John c. Williams by Hon. O. c. Whit son.
 "The points upon which you desire an opinion from mo are;
 aFirst. Whether or not the office of County Superintendent of Education of Talladega County is e.ective or ap-
 "second If the office Is elective. will the present incumbent, John C. Will jams, mold the office. under the pres- ent appointment until the general elect- ion in 1908?
 cational system of Alabama is found in the Act Of the Legislature of 1879. (Acts 1S7S-g, ?. 112). Under Section l2 of this Act. (page 12s1. 1t was pre- vided that in each county In this State there shall be an officer designated as County superintendent of Education, who shall De appointed by the State su- perintendent of Education.'
 'srhis Act is codifien into the Code oA 1886 and Section 954 of that Code pro- yides: Unless by special Act 1t ia otherwise provided, 0 County Superin- tendent for each county In the State shall be appointed by the Superintend- ont of Education After diiigent searcn am unable to find any special Act gov erning the appointment or election oe the County Superintendent of Educa, ton of Talladega County.
 sAn Act approved February ic, 1888. (Acts 1sss-9. p. sss), entitled An Act to provide for the election of County Superintendents of Edueation,' is the oniy Act since the Code of 1888 which in express terms affects the office of County Superintendent of Education ef Talladera County. By this Act it was provided that the County Supertntenu~ ents of Education should be elected, at the general election, on the first Mon- day in August, 1880, and at the genera election every two years thereafter. in the same manner as other county ofn- eers were elected, subject, however, 10 the following proviso, which is embod- led in the latter part of Section l of this Act:
 7" Provided. that the provisions of this Act shall not apply to the coun- ties of. Barbour. Clehurne, Choctaw, Dallas, Greene. Hale, Mobile. Perry, Sumter, washington, Wilcox. Talia- deGa, Chambers, Madison, Jefferson, Randolph, Pickens, Autauga, Montgom. cry Lowndes and Macon It will ba observed that the above twenty-ons counties are excepted from the pro- visions of this Act including Talla- deg RCounty.
 no provision in this Act prescribing the method, mode or manner by which the oface of County Superintendent of Ed- ucation shall be filled in the twenty-one counties so excepted from the general elective provision of said Act. nor was there a re-enactment of the law of the Code of 1886, with respect to the ex- cluded or excepted counties.
 'srherefore. as to these excepted counties, not only was Section S5A or the Code of 1886 not repealed by tho Act of February 13, 1889. but on the other hand remained unchanged and in full force and vigor In its application to the twenty-one counties excepted Dy this Act. Tn other words, there was no means provided by the Act of Feb ruary IS. 1889, for filling the office Of ronn.v Superintendent of Education in inc excepted counties. and. hence, the law of the Code of 1886 prevailed and continued operative in these excepted
 %The act of February 18th, 1889. was codified into the Code of 1S9S and Section 3550 provides that unless by special act 1t Is otherwise provided, County Superintendent for each coun- ty is elected at each general election as provided in this Code Section S551 of the Code of 1896 fixes the terms of office, whether elective or appoint i've. at two years from the first day of October next after their election.
 "rhe next statute which could pos sibly have any bearing on this dues- tion is the general election law of 1903 General Acts 1903. D. 450.) Sec tions 25 and 27 of this act provide for the election of County Superintendents of Education on the first Tuesday after the first Monday in November 1904, and every four years thereafter.
 Upon an examination Of the re- cords in the Department of Education, it appears that on October 20, 1908. John c. williams addressed letter to state Superintendent I. W. Hill, which contained a request for an opinion from the Attorney General on the question arising under Sections 25 and 27 of the General Election Law passed by the recent Legislature. as to whether the County Superintendents of Education whose offices have here tofore been appolntive by the State Superintendent, will become elective under the new law.
 Tt Furthermore appears from the records of your office that on Novem- Der 6, 1903. in response to request from the State Superintendent of Edu- cation wherein he transmitted the ahova inquiry of Mir Williams my