Burnham v. Sumner

Citations

• 50 Miss. 517

Syllabus

<p>1. Superintendent of Education — Term of Office. — The constitution, art. 8, sec. 5, limits the terms of office of county superintendents to two years, and makes no provisions for their holding over until their successors are appointed and qualified. It was, therefore, ultra vires of the legislature to increase or extend their term of office beyond the constitutional limitation.</p> <p>2. Same — Qualification—Act of April 17, 1878.— Sec. 27 of the act of April 17, 1873, requiring an applicant, before he can be appointed county superintendent of education, to submit with his application a certificate from the board of examiners, setting forth his educational qualifications, habits and moral character, and executive ability, is constitutional, and an appointment made by the state board of education without such cer. tificates is invalid.</p>