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Show SCHOOL BOARD ELECMEKRj Edward H. Eardley Chosen I to Replace the Late ! Arnold G, Giauque. ! A: a special meeting of the city board of education late yesterday afternoon, Edward H. Eardley was elected from the Second municipal ward to fill the vacancy on tho board occasioned by the death of the late Arnold G. Glauque. The action of the board of education I was in anticipation of contemplated action by the city commission under an opinion opin-ion had bv Mavor Ferry from City Attorney At-torney W. H. Follar.d to the effect that the appointive power passed to the municipal mu-nicipal governing body upon the failure of the board of education to determine upon a man for tho vacancy within thirty days. At the meeting yesterday afternoon the action of the board of education edu-cation in election Mr. Eardley was based upon the ground thai no disagreement had ever arisen in the board as to the appointment of a successor to Mr. Uiauque, that the board had not failed to appoint, but had merely neglected to do so because of failure of a quorum to get together for considering the appointment. ap-pointment. The election of Mr. Eardley was unanl- mous on me part ui ci"i- i"t',u present, the two members not present being O. W. Moyle and W. J. Barrette. L. P. Judd, clerk of the board, was instructed in-structed to notify Mr. Eardley of the appointment, swear -him In and invite him to be present at tonight's meeting of the board. Xo action was taken by the city commission com-mission last night with regard to the appointment, Mayor Ferry failing to make a recommendation. He explained, Informally, that one man whom he had approached as to acceptance of the appointment ap-pointment had declined lo consider It, but that another had expressed willingness willing-ness if the appointment should be tendered. ten-dered. He did not divulge the name of either man. Following is the opinion written by City Attorney Folland in a letter addressed to Mayor Ferry: "Having been requested by you to give an opinion with regard to who may make the appointment to a vacancy in . the city school board, I beg leave to advise as follows: "Section 4667, Compiled Laws of Utah, 1917, provides that the board of education educa-tion is required to fill any vacancy that may occur, and in case the board of education edu-cation shall, for a period of 30 days after such vacancy shall occur, fall to agree upon the election-of a member to fill such vacar.cv, the mayor of the city, by and with the consent of the cay council, shall fill such vacancy. "It will therefore be seen that when the board shall fall for 30 days to fill the" vacancy the right to make the same vests In the mayor and city council. Tho act creating the board of commissioners commis-sioners provides that all powers theretofore there-tofore vested in the mayor and city council must be exercised by the board of commissioners. The board . of commissioners, com-missioners, therefore, has the power to fill the vacancy in the board of education, educa-tion, provided 30 days shall have elapsed since the vacancy occurred and the board of education has failed to agree upon a new member. "The duty of nominating for this vacancy va-cancy would properly lie In the department depart-ment of public affairs and finance, since it is a matter of public concern and the power has not been vested m any other department. "The qualifications of a member of the board of education are that he shall be and remain a resident, qualified, registered voter In the municipal ward from which he is elected." |