The Green Forest tribune., 1908-06-19
COURT UPHOLDS MATLOCK.
No Power to Remove Board Mem bers Named for Fixed Terms.

Little Rock.-The Supreme Court in the celebrated case of Bruce ct al. against Matlock ct al. Monday held that Acting Governor X. o. Pindall did not have the power to order re- moved four members of the State Board of Charitable Institutions and appoint four successors. The case, which arose from the Futrall-Lucas fight over the superintendency of the Arkansas School for the Blind. was decided in favor of E. l.. Matlock of Van Buren, one of the members of the board whom Governor Pindall ordered removed from his position. Wallace Bruce was appointed by the governor to succeed Matlock. The four men ordered removed and the four appoint ed to take their places agreed to test in the courts the governors power to remove board members at will, and abide by the courts decision. The board members ordered removed kept their seats pending the courts decis- ion, which, therefore, will not affect the personnel of the board
 The court based it's decision on the ground that the board members were appointed biennially, interpreting the law to provide the members appointed should hold office for two years, not subject to removal at the will of the chief executive. In this connection the court says: "The word biennial means once in two years. We do not say that the use of this word under all circumstances necessarily imposes a limitStsn upon the space of time which must intervene. It may be held to mean that the thing in ques- tion shall occur as often as once in two years. But we think that the use of the word in this instance clearly carries with it the meaning that term of two years is fixed and appointments to membership on the board shall be made every two years conformable to the expiration of the term. The fixing of a time for mak- ing appointments necessarily implies fixed tenure for the appointee, for, if the executive can remove him and appoint another at will, the command to appoint biennially is superfluous "
 The court also says: The members Of the board have been appointed for a fixed term, and as the statute does not confer upon the governor the pow CT of removal, the power does not eX- ist The right to remove public off cers does not inhere in the chief eX- eeutive of the state. Under our syS- tenn of government the executive en- joys no prerogative in the sense in which that word is usually employed, but he exercises only such powers as are conferred upon him by the consti- tuition and statutes of the state"
 Concerning Governor Pindalls ex- planation of his act in ordering the four members removed, which was that he was unable to agree with the members in regard to affairs at the in- stitution, the court says: "The gov ernor has nothing to do with the man agement and control Of the charitable institutions of the state further than to appoint the members of the board biennially.'
 The court concludes the opinion by saying: "The governor is authorized to appoint these members and then his power in this respect ends. If the legislature had intended to confirm greater or additional powers it would have been so expressed in the sta- tutes."