The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1913-04-29
Attorney-General Rules Nonrcsi
dents cannot Be Division
Superintendent.
REVERSES HIS PREDECESSOR
Decision Will Embarrass Some
Localities May Be Taken
to Supreme Court.

Reversing the opinions rendered by
his predecessor, Attorney General Will
liam a. Anderson and by former Gov
ernor Claude a. Swanson while those
two officials were members of the
State Board of Education, Attorney
General Samuel w. Williams rules that
division superntendents OF schools
must be resident voters and qualified
taxpayers ia the divisions they IRE To
serve. This decision will govern the
proceedings of the state Board of Edu-
cation when il takes up. on May l5
the election OF superintendent for the
coming term OF four years. 1t may
be taken TO the Supreme Court for
final adjudication.
Judge Williams holds that a division
school superintendent is an officer
within the meaning of the Constitu-
ton and laws of Virginia, and there
fore must be a citizen and voter In
the sense of his official labors.
Elected Non-Rcsidcnts.
Four years ago Major Anderson and
Governor Swanson held otherwise, and
as result many men were elected
superintendent who were on-resi-
dents of the divisions they were to
serve. This was done. it was explained,
to get the best men. This action caused
a stir in some localities, where OUT
sders were made superintendent.
However. the new ruling will not AFFECT
these appointees, for they have ac-
quircd Off cial residence in their di-
visions.
The ruling OF the Attorney General
Is given 10 William Holmes Davis. of
the Danvilie schools. and not TO the
State Board of Education In fact.
members OF that body had hoped the
question would not be raised, in which
event the board would have elected out
siGcrs o be superintendent where new
men are wanted by the people. This
is the case in Bristol, Va, where the
people want F. B Fitzpatrick. OF Roam
oke. 10 be superintendent but under
the decision OF Judge Williams he can
not serve Bristol will be embarra ssed
1t is stated in the effort 10 find a suit
able superintendent within her own
borders.
While members OF the State board
have known for some time what Judge
Williams thinks of the matter, they
had hoped TO handle the situation with
out asking him for n ruling Now
however, since decision has been
asked for and received, the Issue must
he faced. Perhaps some member OF
the board or some defeated candidat tie
may take the matter to the Supreme
Court
VII. Dnyis's Argument.
After returning home to Danvillc
from the meeting OF the Conference for
Education in the South In Richmond
MIR. Davis wrote the Attorney General
partly to this effect:
II trust that upon further consider
alton you find that the superintendent
OF public schools In any division may
or may not be citizen of that divi-
sion at the time of his election. You.
predecessor as Attorney General and
Governor Swanson both decided that
any citizen OF Virginia was eligible to
the superintendent of any division In
the State. Other constitutional law
yers have given the same opinion. |
mention these facts to show that the
construction OF the Constitution is at
least a matter Of doubt If it is mat
ter of doubt, it would of course be
the part of wisdom to take that horn