Show MUST HOLD OVER I 1 no school election this year T JIE lav IS DEFECTIVE so no authority given for calling an election nor canvassing Canvas slnar ilie hie votes lotes op opinion ton in answer to a number ot f ro pounded questions tiana by wu the superintendent of public instruction the attorney gan oral dral bas baa decided d there is no authority to cell call a school election this fall superintendent park wanted to know if au election ele tion could legally be held on the first wednesday in december and if so by what authority could it be called who should count the ballots etc answering all these the attorney i general says let us os first consider the question as to whether or not an election can be legally held for it this qui qu stion shall be determined in the nera negative tive then it will not be ba necessary ta consider further the othar points of your inquiry preliminary to this question it may bs observed that all the statutory law relating to the subject matter of schools is a to be found in the session laws oi 01 1896 all other statutory law in relation thereto reto boving been expressly revealed repealed Re referring furring to article 5 of the school law of the session laws rif of we find full provision tor the election of school trustees out cut bids bide of cities of the first and second class section 42 of said articia provi provides cies on the second monlay monday in july 1898 1896 there shall ba elected by the tha registered voters residing in each school district except school districts provided for in article XV of this act three school trustees we one to serve lor for the term of three years one for the term of two years and one for the term of on one year and nd until their successors are eleckel and rid qualified oa the second monday in auy 1897 and annually thereafter there shall be elected by the registered voters residing in each school district dis trist except in ashnool districts provided for ij ia article XV of this act one trustee to sarve earve for the term of ahrea years and until his bis successor is elected and qualified ane remaining sections of this article provide a method by which this election for trusted a and other purposes shall be ba conducted and among other things tha such euch election shall be called by the trustees and that they caball cause certain notices to be posted twenty days prior to the holding of such ci election action I 1 and provides what the notice shall ahall contain and it is also provided therein that tho the county clerk ia to tarnish furnish the board of trustees of the district a carti certified fied copy of the registration ion list showing the names of all registered voters residing in the precinct covered in whole or in in pan by the said school district and that the board ot trustees shall so act sa as judges of 6 elation action end and the clerk of cf lne ice district school b baard ard shall act as aa clerk thereof that the polls shall ball be opan for tour lour successive hours on the tha day of election also alsa constitutes the judges of elec election ion a canvassing boar board dand aud requires the tha clerk of the tha school board to issue to each person elected a certificate of electon elect on and tells how the election shall ba cand conducted act and who are entitled to vote thereat it will wili be observed that there is ex cepeck out oat of the iteration of this thia aa a tice school districts provided for in article 15 of the said act said article XV is one which relates to cities 0 of the first and second class section thereof provides all cities of the lira drat and second class shall be co ro verned by the provisions of this article it section of said article provides bards bords of education in cities ol of the first class shall con siaa of two members to be elected by and from each municipal ward of the city whose term oi of office shall be two years and until their successors are elected and qualified on the first wednesday in december of each year there shall be elected one member mem berof of the said board from each municipal ward from cities citius of the first class who shall qualify on or before and take their seats at the first regular meeting of the board in january there after the board of education ed in cities of the second class still consist of one member to be elected by and irom from each municipal ward of the city whose term of office shall be for two years and until his successor is elected and qualified on the first wednesday in december 1896 1696 and biennially thereafter there ahall be elected one member of said board for each municipal ward in cities of the second class who shall qualify seats at the on or before and take first regular meeting of the board in january thereafter then hollows certain provisions re spec the qualifications of such euch m members abers to the effect that every in member em so EO elected shall be and remain a resident qualified registered voter in ia the municipal oal ward from which he be is ia elected and the board ot education is empowered to fill any vacancy thit that may occur through non or any other cause until the next election for members of the board etc anese are substantially all the provisions relating rel atins to the election of ottea ba members ol of the tha board of edu education alioa in cities ot of the first and second class it will be observed that there are no provisions whatever empowering any official or board to call such ench an eer ee aerson ton or br to give eiva notice thereof to indicate ano act as judeen r of eaid elections how bow long the polls stall bo be kept open nor who shail count and cari canvass the vote and issue cattia cata of election Ion after the result abali hive biye been ascertained neither are thare any provisions which deter mine whether the voters at euch an election action el shall be registered voters arl an lea such fact could be implied irom from the general law relating to elec elections tiong nd even la in that case there are ara no provisions far obtaining a list ot the registered voters for each of taid said muna cipal wards warde it will also bp be observed from chete provisions of ct the statute that there is ia no authority given to carsto cers to call an election fix places bold elections election canvass the returns declare the result or do anything pertaining thereto and unless some method can be discovered disco ered outside of the statutory authority which would authorize the cin c inducting conducting of such election we would be forced to the conclusion that none could be held |