(Download) "State Ex Rel. Kuhl v. Kaiser Et Al." by Supreme Court of Montana # Book PDF Kindle ePub Free
eBook details
- Title: State Ex Rel. Kuhl v. Kaiser Et Al.
- Author : Supreme Court of Montana
- Release Date : January 18, 1933
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Submitted November 20, 1933. Schools and School Districts — School Elections — Terms of Trustees — Construction of Statutes — Mandamus. Public Office and Officers — ""Term"" of Office — Word Applies to Office, not to Person Holding It. 1. The word ""term"" as applied to a public office or elections to office applies to the office and not to the person holding it. Schools and School Districts — School Elections — Trustees — Terms of Appointees — Statutes. 2. Under section 998, Revised Codes 1921, a school trustee appointed to fill a vacancy shall hold office only until the next annual school election at which a trustee shall be elected for the unexpired term. Two of three trustees of a district of the third class elected for three-year terms expiring in 1934 and 1935, resigned. The board of trustees declined to call an election in the spring of 1933 to choose successors to the appointees, on the theory that they held over for the respective terms; however, by the use of stickers, successors were elected at such election. Held, that the district court properly granted a writ of mandate compelling the board of trustees to issue certificates of election to the persons elected to succeed the appointees. Same — Terms of Trustees — Construction of Statutes. 3. Held, further, that section 1001, Revised Codes 1921, apparently in conflict with section 998, Id., was intended to adjust the terms of school trustees so that the terms of a majority thereof should not expire at the same time, after which it has no further application to such district.