Ladysmith news-budget. [volume] (Ladysmith, Rusk County, Wis.) 1907-1927, 1909-10-28
DOES CONFLICT OF
OPINION EXIST7
State Superintendent and Attorney
General Agree as to Office Of
City Superintendent

District Attorney A. N Andersen
appears to want to continue the con-
troversy as to whether Ladysmith had
the right to vote on county superinten-
dent at the election last spring, judging
from the article inspired by him IN
last weeks Journal. He says that
there is conflict of opinion between the
Attorney Generals department and the
State Superintendent department
Perhaps the reader can see wherein the
conflict occurs. Mr. Andersen recent
ly wrote the attorney generals office,
J. asking the following questions:
Is the Office of city superintendent
created by the legislature?
Can it be created by the board of
education?
CAN'T be created by the common coun-
ell?
CAN'T be created by the voters of the
city?
The following is the reply received:
Madison, Wis, October 27, 1909.
A. N. Andersen, District Attorney,
Ladysmith, Wisconsin,
Dear Sir:-In answer to your letter of
the 25th inst. | will say that, from
study of the statutes relating to the
office of city superintendent of schools,
| am of the opinion that the law does
not create this office for all cities. If
a city had no school system at the time
of its incorporation, if such case were
possible, it would, by adopting the
general city charter, have the office of
city superintendent, which office should
be filled by the board of education. If
the city, at the time of Incorporation,
is under the district school system,
then it remains under that system, I'M
less changed to the city system by a
vote of the electors. | do not think
that the board of education creates the
office. The Office is created by the
electors of the city in adopting the city
tcharter, or, where necessary, by vot-
ing to change the school system.
In addition to the statutes cited IN
my former letter, will call your at
tention to chapters TT and 237 Of the
laws of 1909 as bearing upon the sub
iect. | do not think that any action by
the city council is necessary or that the
city council has any authority in the
matter You say that the city of Lady
smith has a board of education, con-
sisting of six members appointed by
the mayor, with the consent of the
council. This would indicate that your
city has changed from the district
school system to the city system, al
though you speak. in your former letter
of some action being taken at a school
Of
under the city system of school man
agement, have no annual school meet
ings.
can say this in general way: that,
if your city has by vote of the electors
changed from the district school sys-
tenn to the city system of school man
agement, then the office of city super
intendent exists and your board of
education may elect a city Superintend-
ent. The statutes relating to the office
of city superintendent are not plain and
there is opportunity for debate in rela-
ton to their Interpretation. The stat
utes upon the subject, read together,
lead me to the opinion that the electors
of the city may by vote create the
office of city superintendent; that the
board of education may elect the sup
erintendent and that the common coun-
Gil has no jurisdiction in the matter.
Yours very truly,
+. L.. GILBERT.
Attorney General.
City Superintendent Gotham has
decision from the State Superinten-
dents office, upon the strength of
which he was appointed city superin-
tendent by the board of education, not
withstanding the fact that an ordinance
was passed by the common council
abolishing the office just before election
last spring. And yet the Journal says
that there is absolute harmony between
the council and the school board and
no cause exists for changing our sys-
tenn of school government.
Whether Ladysmith had the right to
vote for county superintendent hinged
upon the question of whether the
office of city superintendent existed,
and the News-Budget, after looking up
the law to our satisfaction, took issue
with the then city and district attor-