Martinsburg statesman-democrat. [volume] (Martinsburg, W. Va.) 1906-1921, 1910-10-21
For County Superintendent.

ers OF the independent district of Mar
tinsburg were entitled To vote for can
didstes Tor the office Of County Super
lnt@ndent has been much discussed
each recurring election and hitherto
tue town has RETAINED from voting fer
that office. Some time ago the County
superintendent urged the State Su-
pelEtendent 10 get the opinion OF the
A'torney-General on the subject and
the following letter settles the matter
aud the voters of Msrtinsburg will in
The future vote for said Office.
Hon. NJ. +. Shawkey,
STATE superintendent Of Schools,
Chsrhst w. Ns.
Zeal ;. - ave The hoaor TO an
swer :, $50 standardization of March
3 enclosing a letter from Willis f.
Cars, county superintendent of
B}rkeiey coumy, asking whether or
not the voters Of the independent dis
trct of Martinsburg have a right to
vote for county superintendent Of
schools Of the county Of Berkeley at
the coming election.
The Constitution provides that:
1.-THE legislature may provide for
county superintendent and such of
ficers as may be necessary to carry out
the objects of Article (he Article re-
Iafi i'm 70 pN "a -
duties, powers and compensation
II conformity with this constitu-
tional provision the Legislature in en-
acting the school law at the Extraor-
binary Session of 1908 in section 1l3 Of
that act declared:
IA county superintendent of free
schools shall be elected in each county
by the voters thereof at the general
election held On the Tuesday after The
first Monday IN November, 1910, etc"
You will note that the voters OF a
county votefor superintendent and not
the voters of any special districts. The
voters of an independent school dis
trict are part of the voters of the
county. The Legislature has right
| under the Constitution TO define the
duties powers and compensation of
county superintendent, and / think
| the Legislature would have the power
to signate the manner and by what
electors the county perintendents
should be chosen. Upon an inspection
of the Act Of 1923, chapter 2le, which
created the school district of Martins
burg, ] do not find any restriction
upon the general law of selecting
county uperintendent; and in section
10 of that chapter | note that the coun-
ty superintendent is directed to per-
form duty under the general law re-
lating TO the district of harrisburg
in the apportIonment of No oney for
school purposes.
The county superintendent is very
necessary part of the general scheme
of free schools in this state, and there
fore has an official connection and in
fiuence directly or indirectly upon the
independent school districts. Ia the
case of Kuhn vs.. The Board Of Educa
ton w. Va. at page $40, the Su-
preme Court said IN relation to indie
pendent school districts as follows:
"What are independent school dis
tricts' as the one uLder consideration
although created by special acts have,
from the formation to the present,
been specially recognized in the gener-
igpation of Independent they never
theless constitute part of general
system, sanctioned by the Legislature
as the most efficient for particular
locality.
The general law directs that ali the
voters in a county shall select county
superlntendents; and the special act
creating the school district of Mar
tinsburg in no way abridges or con-
travenes the general law in this par
ticular; for this and for other reasons,
am clearly of the opinion that the
opinion that the qualified electors OF
the school district OF Martinsburg are
entitled to vote for county saperin-
tendent for the county of Berkeley at
the coming election.
Respectfully,
Wm.G. Conley,
Attorney General.