The Wyandotte herald. (Wyandotte, Mich.) 1879-1943, 1941-05-30
THREE OUT FOR
ELECTION To
SCHOOL BOARD

y, have filed nominating petitions with
Secretary Arthur +. BaiSley Of the
s~chOOl board
Members whn>e terms expir@ this
yC-ui are Charles = Johnson. now
president, who retireS voluntarily al
-. giving four years OF valuable ser
vice Ia the public schools, and Trustee
.lO>,g'h r KalaSh. who died suddenly
or May l.
harold N jacobson. William III. Har-
riotL and Arthur Dunham.
Veto" TargOn>ki filed Il petition,
hat il was thrown out for failure to
Ineet the legal requirements us to
HUnGDer of signatures
SttOrney Reports
On Eligibility
la RESPONSE to Il request by the
Eoald of Education. Attorney w. Hugh
Williams submitted the following Opin-
lOI AZ to eligibility of candidates:
am Informed the facts are as fol
lows:
The petitions of HaaOld n Jacob
>O.4, William H. HarriOtt. Victor Tar
gorSai and Arthur Dunham have been
flied The petitions uf Mr.. jacobson
and Mr. IIarriOtt and Mr. DunhIm all
Coni;in more than the necessary fifty
go names of registered voters of the
school district Mr. TargonSkiS peti-
tior> only contain 81 names of regis
Ter voters oil the school district
Mr. jacobson. Mr.. IIarriOtt and Mr..
Tacson>ki ATE li>t,d as registered ell
tctDlS OF the school district. Arthur
Durham j. n,d listed ~ a registered
rlector of the school district. The
IsiIn,s of Mr.. jacobson. Mr.. IarriOtt
and Mr. Durham appear OH the as
s.,S>Snent dolls Mr. TargOl>ki'S name
does not at present appear nn the as
>tN>niemt roll.
section 74J1 complied laws of 1929
reads aS follows
section Il Candidates for members
81 the Board of Education shall be
nominated by petition which shall be
filed with the Secretary Of the Board
of Education not less than Il days
and not more than 80 days prior To
the election. Each ptitiOn shall be
signed by not less than 20 qualified
school electors Of the District.
Section 7420 of complied laws of
1929 JEOviGttS as follows
SecUiOn > Eligibility to Office. Any
qualified voter in a school district
whose name appears on the assessment
roll and who is the owner III his own
right of the property 10 assessed shall
he eligible in such election or appoint
ment in such school district, provided.
where husband and wife own property
jointly regsn dheSs of the name which
appears Oh tire assessment roll each
shall he eligible to appointment of the
school Office.
Victor TargonSki is not an eligible
nominee for office of school trustee
for the reason that his petitions did
not contain the required statutory
number Of names and also because his
name does not appear on the ASSES
nlent rolls of the City Assessor as the
owner of property listed for taxation.
The only issue Is | see it as to Mr..
Uunham's eligibility in view of the
fact that Opr-the last day of filing,
namely. Mayf24. Mr. Durham was not
qualified voter Of the school dis
tlict. The registration books. however,
are open until May 81. If Mr.. Dun
icim should nj gi~ter on or before May
81 the question is whether that would
in, hnF
words. do the qualifications for office
r hate TO the last dizzy of filing nOmin-
ating petitiOIS or to the day of cleo
ton OF to the day of taking office.
~ Air. SIP states as follows:
On the question as To what time ell
gihlity 10 public Office must be deter
mined there is Il great conflict among
the courts
Where the constitution or the stat
ute in tegnrS or by necessary implica-
ton. specifies the time when the con-
ditions OF eligibility must be present
there can be no question. Where, how
ever, the constitution or the statute
specifies no time for the existence or
conditions Of eligibility and such thine
must be determined by construction OF
the bsrnS employed. The courts are at
wide Variance as to the time as Of
which such conditions must exist In
Ortkr To satisfy the constitutional ar
statutory requirements.
One group of courts take the posi-
ton tlpsit the word eligibility" aS used
in constitution or statutes relating to
iublic officers az refers 10 the time at
election and means capacity 'tO IL ell
ected IA distinguished f:Om capacity
to hold Office
Another group of courts takes tn
view that the word eligible as used
in constitutions and such statutes has
reference, Ia the CAPACITY nU IF heing
elected To office but holding office and
therefore if qualified ut the time af
commencing of the term and induction
into Office disqualification OF the can
6ti,Iate ut the time of setcliOn Ls im-