The Montgomery advertiser., 1908-12-25
DO NOT HOLD
 LIFE OFFICE Is Opinion of Attorney General Garber. BALDWIN co. MATTER SETTLED The Redistrietiny Law Does Not
 Apply. Members of Board of Education of County Hold Omce Subject to
 wim of state Super
 intendent.
BALDWIN co. MATTER SETTLED

That the members of the County Board of Education of Baldwin County do not hold office for life, but subject to the will of the State Superintendent of Education, and that the re- district ing law of the recent statutes does not apply to Baldwin County is the sub stance of an opinion handed down in a letter to Superintendent of Education, H.. c. Gunnels yesterday morning.
 The letter of the Attorney General to the Superintendent of Education was in response to a request on the part of that official to be advised upon the two points raised by a letter from J.. S. Lambert, Superintendent of Educa- tion of Baldwin County. dated during last November.
 The letter of the County Superinten- dent was occasioned from a provision of the new municipal code, which stated that the terms of the act should not apply to cities where the members of the Board hold office for life.
 In his opinion the Attorney General holds that the County Board of Edu- cation of Baldwin was created under an act approved in 1901. and that at the time of the passage of the act in ques- ton. four new members to the Board were appointed according to specific terms of the act.
 In the matter of the re-districting law. It is held that under the statute in question, the terms should not be enforced in any County districted be- fore by authority of a special law. and which has a special levy from the County for the support of the public schools therein. Baldwin County was districted under an act of 1901. spe- ciai law applying alone to Baldwin County. '-E4
 The full opinion of the Attorney Gen. eraI on the matter follows:
 December 2s, 1908. Hon. H. C. Gunnels, Superintendent of
 Education, Montgomery, Ala:
 Dear Sir--You submitted to me sew erai days ago a letter addressed to you by Mir. J. s. Lambert Superinten- dent of Education of Baldwin County, dated November 27. 1907, and requested me to advise you on the two proposi- tions submitted in Mir. Lambert's let ter. viz.:
 tFirst-whether, the provisions of the municipal code relative to public school systems apply to cities . and towns in Baldwin County; and
 +Second-Whether the re-distFicting act approved September 30. 1903, (Gen- eral Acts 1903. p. 47s) applies to Bald win County.
 Answering your questions seriatim, beg to advise you:
 tFirst--Section TIT of the municipal code provides, The provisions of this act, relative to public school system shall not apply to cities and town in counties where the members of the Board hold office for life" It is eontended by Superintendent Lam- bert that the members of the Baldwin County Board of Education hold ofice for life, and, therefore, that the mu- nicipal code does not apply to the school system of the cities and towns in that County. This Board of Educa- tion was created and the members thereof were appointed and hold their offices under the act approved Febru- ary 2S, 1901, General Acts. 1901, D 1446; and Section 2 of this act provides that it shall be the duty of the State Superintendent of Education immedi- ateiy after the passage and approval oi this act to appoint four additional members of the Board of Eduaction foI Baldwin County who, togeth. CT with the County Superintendent ot Education will constitute the Board ot Education for Baldwin County. and who will have general supervision anc control of all the public schools oi said County There IS no provision oi this act nor of any prior or subsequen, act, so far as I can find which in anJ way fixes the term of office of the mem.