Imperial Valley press., 1919-01-07

S$S VII NOiAAiAiS NOtNs ~ANNNhR IN AAAA -
Swing, attorney for the district, has
ruled Otherwise.
In an opinion read to the board to-
day Mr.. Swing rules that Director R.
D. McPherrin's term does not expire
until December, 1919, and instructed
the board to prepare the ballots for
the coming election accordingly.
His ruling in full follows:
Mr.. F. II. McIver, Secretary Irriga-
tion District. FL Centre, California.
Dear Sir: The inquiry has arisen:
In what division are directors to be
elected this coming election?
Some confusion has arisen in view
of the fact that all members of the
present board were elected at the gem
eral election in February, 1917. fol-
lowing their appointment in October,
1916. Were they all elected for full
four-year terms or were some of them
elected for two-year terms and, if so,
which directors and why?
In order to go to the bottom of this
question, it is necessary to begin with
the organization of he>District. When
TIE first board OF five directors met
at their first meeting, July %, 1911,
they proceeded in accordance with
Section 13 of the Irrigation Act to
cast lots. to determine who should hold
for the long terms of four years and
who the short terms of two years. The
minutes of that meeting showed tnat
divisions /. 3 and 5 drew the short
terms and divisions and 4 the long
terms. In nv opinion that casting OF
lot determined that thereafter lex
cart in cases of election to i'll un-
avrited terms) the odd numbered dl-
visions should vote for directors at the
eo-re time and that the even numbered
divisions shoulJ vote together.
Section 90 nrovides: "The full term
Of office of Directors is hereby fixad
at four years"
Followinc this out | have prepared
and hereunto annexed diagram
which l believe shows clearly the reia-
tive terms of office and when each eX-
pired. -,
have accepted the theory that the
tenure of four years attaches to the
office and not to the officer for the
reason that the act provides not only
the length of the term but also its be
ginning, which is the first TUESDAY in
March next following each election.
(Section 20l.
1t is the public policy expressed in
Section 13 and again in Section ~
that the term of the Directors shall
expire at different times and that
three of the terms shall expire at one
time and that two shall expire at the
election following This for the very
evident reason that it is advantageous
/ in the matter of going business con
Germs to have some members on the
board who are familiar with it's opera
ton.
In the four-vear tenure applied to
the officer and not to the office we
would have the term Of all five present
Directors expiring at the same time
The confusion at the present time
relates particularly to the Imperial dl-
vision and arises out of the fact that
in 1915 the Imperial Director was
elected at the same time as tfe Di-
rectors from FL Centre and Brawley
were elected. This circumstance
however. resulted from conditions
which affected that election only. Mr..
Mcbride had been appointed in 1914
TO succeed Allison Peck, who In 1913
had been elected for a full four-year
term. Mr.. McBride's appointment be-
ing only until the next general election
he properly, in 1915. became a candi-
date and was elected to succeed him.
self. He was not, however, IN my
opinion, elected for a new full term.
but simply to complete the uneXpired
term of Allison Peck, which then had
two years yet to run.
If we accept the theory that Mr.
Mcbride was then elected for a full
four-year term, then, of course, we are
forced to the conclusion that that term
now expires in February 1919. And
if Mr. McPherrin was elected merely
to complete McBride's unexpired term.
then. of course, the Imperial division
would have to elect Director at the
coming election. And it can only be
on such theory that a conclusion
can arise that there should be an elec-
ton for Director in the Imperial divi-
sion. But, if Mr.. Mcbride, by being
elected, acquired a full four-year
term without regard to the fact that
Mr.. Allison Peck's four-year term had
not then expired, then by exactly SIM
liar reason Mr.. McPherrin by being
elected in 1917 would acquire a full
four-year term without regard to the
fact that Mr. McBride's term had not
then expired.
Therefore, by which ever process
of. reasoning ore chooses to adopt,
whether the four-year tenure attaches
to the office or to the officer, the re-
suits are identical and both lead to the
one conclusion that there is to be no
election in the Imperial division this
year, but that directors are to be
elected only in the Ell Centro and
Brawley division.
You will. therefore, prepare your
ballot accordingly.
Respectfully,
PHIL D. SWING,
Attorney.
Diagram Showing Term of Directors