The weekly Iberian. (New Iberia, La.) 1894-1946, 1909-10-09
SCHOOL MUDOLE GOES
TO SUPREME COURT
When New Trial is Denied.
An Outline of the Laws
Involved in this Case is
Given.
The Elected Board Continues
to Serve, Pending the Ac-
ton of the Supreme Court

10 serve, Iendlng the AC
ton of the Supreme Court
In the case of the State, ex rel
A. N. Muller, district attorney, 81
ais, VS.. DR.. Paul N. Cyr ct ais, 3
motion for a new trial WAS taken
up last Tuesday and argued
Counsel for defendants (he elect.
ed board), Messrs. Cammack g.
B,onssard, in their contention for
a new uial, argued that District
Judge Simon decided that section
of Act ga of 1902 was repealed
by Act 60 Of 1906, but that sec.
tion q of Act GA of 1902 was not
repealed, and that if section 6 of
Act "a was not REPEALED, anu the
governor had the right to remove
defendants, and that he exercised
that right, he could not appoint
plaintiffs as members of the
School Board for the reason that
there is no law that gives the gov
ernor the right to appoint, and if
defendants have been removed
from office their successors would
have to be elected az provided by
Act 60 of 1906
Judge Simon refused the mo
tion for a new trial, when counsel
tor defendants gave notice that
wiits of certiorari and prohibition
would be applied for in the Su-
pIeme Court. The law cited in
the case is as follows:
Section 3 Of Act 214 Of 1902
says THAT the State Board of Edu.
cation shall appoint for each par
sh in the State, except the Parish
)f Orleans, a board Of school d.
'ectOrs, consisting of not less than ,
me member for each ward in the +
parish; provided, that no parish
'ball have less than five direct
,rs."
Sec. 5 Of Act 2l4 Of 1902 SAYS
hat "tbe terms of office of the
members of parish school boards
nd of the parish superintendents
hall be for tour years from the {
'me of their appointment II +
acancy occurs the uDexplred {
erm shall be filed as heretofore I
.
Article II Of the Constitution of 8
S9S says: c
"lte shall nominate and by and F
18th the advice and consent Of the Z
enate appoint all officers whose o
fices are established by this Con j
tuition and whose appointment B
election are not herein otler- Il
ise provided ;or; provided, how y
'er, that the General Assembly :.
'all have the right to prescribe /,
e mode of appointment or elec-
on to all Offices created by it.n
Sec. 6 of Act 214 of 1902 SAYS
at "for incompetency, neglect of =
lty or malfeasance in Office the =,
'vernOr may remove member, to
members, Of the parish boards ou
school directors, subject TO the bf
tificatiOn of the State Board of 1
lncation." -,
Sec. 1 Of Act 10 of 1906 says th
at "there shall be elected by the in
allfied electors of each police val
~ ward OF the several parishes 49, -,
the State member Of the Par
/ School Board for each police y
,mber in sald ward; that the raj
vt election above provided for vie
all take place at the same time be-
the congressional election in an an
D8, and every four years thereaf ..' -"
!; that such members of the par 20
school boards a. may be elect
as above provided for shall fri
ID their Office for four years, Of
en- their successors shall be dli
cted" sur
sec. 5 of Act GO of 1908 says n; ~,
It call laws and parts Of laws IN an,
'flict herewith be and the same 10